"A federal court is set to consider the legacy of polluting industries in places that disproportionately impact people of color and low-income communities."

"In a novel lawsuit brought early last year, a trio of Louisiana challengers laid out a sweeping narrative that traced a direct line between the oppressive legacy of slavery and allegedly discriminatory air pollution exposure.

But their bid to upend one parish’s land-use practices faltered when a federal judge threw out the suit eight months later on prosaic procedural grounds. Now, those plaintiffs are regrouping for a rematch before the 5th U.S. Circuit Court of Appeals.

Oral arguments in the case are set for Oct. 7 in New Orleans. At stake is what lawyers for Inclusive Louisiana, a nonprofit advocacy group, and two other plaintiffs say is a long-standing policy of “steering harmful industry into majority-Black districts” in St. James Parish."

Sean Reilly reports for E&E News October 3, 2024. [2]