Fifth Circuit Clears Path for Cancer Alley Residents to Challenge Decades of Environmental Racism in St. James Parish

April 9, 2025 — New Orleans, LA – In a major legal victory for environmental justice, the Fifth Circuit Court of Appeals ruled today that a lawsuit brought by residents of majority-Black districts in St. James Parish can move forward. The plaintiffs—Inclusive Louisiana, Mount Triumph Baptist Church, and RISE St. James—filed the case in 2023, seeking a moratorium on the construction and expansion of petrochemical plants in their communities. The lawsuit alleges that the Parish’s land use policies are unconstitutionally discriminatory.

“The pendulum of justice has swung in our favor,” said Gail LeBoeuf of Inclusive Louisiana. “We have been sounding the alarm for far too long that a moratorium is needed to halt the expansion of polluting industries in our neighborhoods. Too many lives have been lost to cancer.”

Barbara Washington, also of Inclusive Louisiana, added, “We are so grateful the judges have allowed our moratorium case to continue in court. Now, on to the next battle.”

St. James Parish is at the heart of what’s known as “Cancer Alley,” a stretch of Louisiana’s industrial corridor known for its high concentration of petrochemical plants and elevated cancer rates. But the burden is not shared equally: since 1958, at least 20 of the 24 plants built in the Parish have been placed in Districts 4 and 5—the two districts with the highest percentage of Black residents. These communities, often referred to as “sacrifice zones,” face disproportionately high rates of cancer, respiratory illness, and newborn health complications.

The plaintiffs are represented by attorneys from the Center for Constitutional Rights and Tulane Law Clinic. Their case argues that the Parish’s pattern of industrial zoning violates the Equal Protection Clause of the 14th Amendment and the 13th Amendment as a modern vestige of slavery, among other claims.

“We welcome the court’s ruling,” said Pam Spees, senior staff attorney at the Center for Constitutional Rights. “Now we can finally get back to the urgent work of addressing the public health emergency caused by the Parish’s constant and easy approval of petrochemical projects in majority-Black communities.”

Pastor Harry Joseph of Mount Triumph Baptist Church emphasized the stakes for local residents. “We are glad the court found in our favor, and we thank God for this victory,” he said. “We’ve been fighting for this moratorium for a long time. Instead of targeting the solar industry, the Parish needs to focus on stopping the industries that are actually harming us. It’s time for St. James to start helping its people.”

Last year, a district court dismissed most of the plaintiffs’ claims, citing a one-year statute of limitations tied to a 2014 ordinance that zoned large swaths of Districts 4 and 5 for industrial use. But the Fifth Circuit disagreed, siding with the plaintiffs’ argument that the ordinance was not the sole basis of their claims. Instead, it was further evidence of a long-standing pattern of racial discrimination that predates and persists beyond the ordinance.

The Appeals Court also reinstated claims under the Religious Land Use and Institutionalized Persons Act and the Louisiana Constitution, rejecting the lower court’s conclusion that the plaintiffs lacked standing. The ruling recognizes that decisions by the Parish Council have caused predictable harms—including the destruction of graves belonging to formerly enslaved people.

Today’s decision marks a crucial step forward in the long fight for justice in Cancer Alley and sets the stage for a full hearing on the merits of the case.

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