Federal appellate judges have breathed new life into a novel legal challenge to allegations of racist industrial zoning practices in one Louisiana parish.
In a Wednesday ruling, the 5th U.S. Circuit Court of Appeals found that Inclusive Louisiana, an advocacy group, and two other challengers have the legal standing to pursue their lawsuit against St. James Parish, located along the Mississippi River petrochemical industry corridor often dubbed “Cancer Alley.”
The unanimous ruling by the three-judge panel reverses a lower-court decision that also found that various statutes of limitations had passed. The case now goes back to the U.S. District Court for the Eastern District of Louisiana.
“Of course, whether the organizations will prove their allegations or prevail on any of their claims remains to be seen,” 5th Circuit Judge Carl Stewart wrote in the opinion. Stewart was named to the bench by President Bill Clinton; joining him were Judge Catharina Haynes, a George W. Bush appointee, and Senior Judge Patrick Higginbotham, a Reagan pick.
