Lawsuit alleging environmental racism in Louisiana parish allowed to proceed, federal court says

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Lawsuit alleging environmental racism in Louisiana parish allowed to proceed, federal court says

2025-04-10 07:56 Last Updated At：08:21

NEW ORLEANS (AP) — A civil rights lawsuit alleging a south Louisiana parish engaged in racist land-use policies by placing polluting industries in majority-Black communities can move forward, a federal appellate court says.

On Thursday, the 5th U.S. Circuit Court of Appeals in New Orleans ruled that a trio of faith-based community groups could proceed with a lawsuit alleging racial discrimination in the petrochemical buildout in St. James Parish, a region in the heart of Louisiana's heavily industrialized Chemical Corridor. It is often referred to by environmental groups as “Cancer Alley” for its high levels of pollution.

The lawsuit calls for a moratorium on the construction and expansion of petrochemical plants in St. James Parish. When the lawsuit was filed in March 2023, 20 of the 24 industrial facilities were in two sections of the parish with majority-Black populations.

The U.S. Environmental Protection Agency found in a 2003 report that St. James Parish ranked higher than the national average for certain cancer deaths. Both majority-Black sections of the parish are ranked as having a high risk of cancer from toxic pollutants according to an EPA screening tool based on emissions reported by nearby facilities, the lawsuit notes.

"We have been sounding the alarm for far too long that a moratorium is needed to halt the expansion of any more polluting industries in our neighborhoods, and too many lives have been lost to cancer,” said Gail LeBoeuf, a lifelong parish resident and co-founder of Inclusive Louisiana. She is a plaintiff in the case.

The case will now go back to the U.S. District Court in the Eastern District of Louisiana, which had previously ruled the lawsuit was filed too late by Inclusive Louisiana and other community groups because the allegations centered on a 2014 parish land-use plan.

But the federal court said the complaint was filed on time and noted that the lawsuit was “replete with allegations of discriminatory land use decisions” in the parish, of which the 2014 plan was just one example.

The court also recognized that the groups had a right to sue the parish for authorizing industrial development which “desecrates, destroys, and restricts access” to the cemeteries of their enslaved ancestors in the parish. Many of the petrochemical facilities in Louisiana are built on former plantations, and few of the burial sites of the enslaved have been preserved.

“I think it’s a real vindication of their struggle," said Pamela Spees, a lawyer with the Center of Constitutional Rights representing the plaintiffs. “This is a case about long-running ongoing discrimination and now we get to deal with the claims on their merits.”

St. James Parish did not immediately respond to a request for comment.

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Brook is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.

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Thousands of nurses go on strike at several major New York City hospitals

NEW YORK (AP) — Thousands of nurses in three hospital systems in New York City went on strike Monday after negotiations through the weekend failed to yield breakthroughs in their contract disputes.

The strike was taking place at The Mount Sinai Hospital and two of its satellite campuses, with picket lines forming. The other affected hospitals are NewYork-Presbyterian and Montefiore Medical Center in the Bronx.

About 15,000 nurses are involved in the strike, according to New York State Nurses Association.

“After months of bargaining, management refused to make meaningful progress on core issues that nurses have been fighting for: safe staffing for patients, healthcare benefits for nurses, and workplace violence protections,” the union said in a statement issued Monday. “Management at the richest hospitals in New York City are threatening to discontinue or radically cut nurses’ health benefits.”

The strike, which comes during a severe flu season, could potentially force the hospitals to transfer patients, cancel procedures or divert ambulances. It could also put a strain on city hospitals not involved in the contract dispute, as patients avoid the medical centers hit by the strike.

The hospitals involved have been hiring temporary nurses to try and fill the labor gap during the walkout, and said in a statement during negotiations that they would “do whatever is necessary to minimize disruptions.” Montefiore posted a message assuring patients that appointments would be kept.

“NYSNA’s leaders continue to double down on their $3.6 billion in reckless demands, including nearly 40% wage increases, and their troubling proposals like demanding that a nurse not be terminated if found to be compromised by drugs or alcohol while on the job," Montefiore spokesperson Joe Solmonese said Monday after the strike had started. "We remain resolute in our commitment to providing safe and seamless care, regardless of how long the strike may last.”

New York-Presbyterian accused the union of staging a strike to “create disruption,” but said in a statement that it has taken steps to ensure patients receive the care they need.

"We’re ready to keep negotiating a fair and reasonable contract that reflects our respect for our nurses and the critical role they play, and also recognizes the challenging realities of today’s healthcare environment,” the statement said.

The work stoppage is occurring at multiple hospitals simultaneously, but each medical center is negotiating with the union independently. Several other hospitals across the city and in its suburbs reached deals in recent days to avert a possible strike.

The nurses’ demands vary by hospital, but the major issues include staffing levels and workplace safety. The union says hospitals have given nurses unmanageable workloads.

Nurses also want better security measures in the workplace, citing incidents like a an incident last week, when a man with a sharp object barricaded himself in a Brooklyn hospital room and was then killed by police.

The union also wants limitations on hospitals’ use of artificial intelligence.

The nonprofit hospitals involved in the negotiations say they’ve been working to improve staffing levels, but say the union’s demands overall are too costly.

Nurses voted to authorize the strike last month.

Both New York Gov. Kathy Hochul and Mayor Zohran Mamdani had expressed concern about the possibility of the strike. As the strike deadline neared, Mamdani urged both sides to keep negotiating and reach a deal that “both honors our nurses and keeps our hospitals open.”

“Our nurses kept this city alive through its hardest moments. Their value is not negotiable,” Mamdani said.

State Attorney General Letitia James voiced similar support, saying "nurses put their lives on the line every day to keep New Yorkers healthy. They should never be forced to choose between their own safety, their patients’ well-being, and a fair contract.”

The last major nursing strike in the city was only three years ago, in 2023. That work stoppage, at Mount Sinai and Montefiore, was short, lasting three days. It resulted in a deal raising pay 19% over three years at those hospitals.

It also led to promised staffing improvements, though the union and hospitals now disagree about how much progress has been made, or whether the hospitals are retreating from staffing guarantees.