Skip to content
racist.systems
2021

Cancer Alley: zoning, the Clean Air Act, and Title VI

US — South
Cancer Alley: zoning, the Clean Air Act, and Title VI

The 85-mile stretch of the Mississippi River between Baton Rouge and New Orleans hosts more than 150 petrochemical facilities. Census tracts along the corridor are predominantly Black and low-income. The EPA's National Air Toxics Assessment has flagged St. James, St. John the Baptist, and Iberville parishes as having some of the highest cancer risk from air pollution in the United States.

Robert D. Bullard's ``Dumping in Dixie`` (1990) and the United Church of Christ Commission for Racial Justice's ``Toxic Wastes and Race in the United States`` (1987) — the foundational environmental-justice studies — established that the siting of hazardous facilities correlates with the racial demographics of the receiving community more strongly than with income.

In April 2022, the EPA launched a Title VI Civil Rights Act investigation into Louisiana state environmental agencies for permitting decisions in Cancer Alley. The investigation was closed in June 2023 without formal findings after Louisiana sued. Bullard treats the case as the recurring environmental-justice test: Title VI is the federal lever, and its use has been constrained by every administration since its addition to EPA regulations in 1973.

Cancer Alley is the conventional name for the eighty-five-mile stretch of the Mississippi River between Baton Rouge and New Orleans, Louisiana, that contains approximately 150 petrochemical refineries, plastics-manufacturing facilities, and related industrial operations. The corridor is one of the most heavily industrialized geographies in the United States. The communities along the corridor are predominantly Black, with several majority-Black communities surrounded by multiple petrochemical facilities. The communities have documented elevated rates of cancer, respiratory disease, and other chronic-disease outcomes relative to Louisiana state averages and to national averages.

The Environmental Protection Agency's National Air Toxics Assessment has consistently identified census tracts along the corridor as among the highest-cancer-risk census tracts in the country attributable to air-toxics exposure. The St. James Parish, St. John the Baptist Parish, and Iberville Parish census tracts have appeared at the top of the national rankings in successive assessments. The specific air toxics identified include ethylene oxide, benzene, formaldehyde, and chloroprene. The chloroprene emissions from the Denka Performance Elastomer facility in Reserve, Louisiana — the only US facility producing the chemical — have been the subject of substantial federal regulatory and litigation activity since 2015.

The institutional history of Cancer Alley's industrialization follows a documented pattern. The petrochemical-development expansion of the 1950s and 1960s sited new facilities along the Mississippi River corridor on a combination of transportation-access and land-cost grounds. The siting decisions consistently selected sites adjacent to predominantly Black communities, often on plantation lands where formerly enslaved families had been settled after the Civil War. The communities had limited municipal-government infrastructure, limited environmental-review capacity, and limited political access to the state and federal regulatory agencies that approved the facility permits.

The federal regulatory framework has produced limited effective constraint on the Cancer Alley pattern. The Clean Air Act establishes national ambient air-quality standards but does not constrain the siting of new industrial facilities in census tracts that are already heavily polluted by existing facilities. Title VI of the Civil Rights Act of 1964 prohibits discrimination by recipients of federal financial assistance, including state environmental agencies that issue industrial permits, but the federal Title VI enforcement in the environmental context has historically been limited.

Litigation along the corridor has been substantial in the past decade. The St. James Parish v. St. James Parish Council litigation, brought in 2022, challenges the parish's failure to consider racial-equity concerns in its industrial-zoning decisions. The Earthjustice litigation against the Denka facility's chloroprene emissions, active since 2015, has produced administrative settlements modifying the facility's emissions controls. The Concerned Citizens of St. John v. Louisiana Department of Environmental Quality litigation, brought in 2023, challenges the state agency's permit-approval practices on Title VI environmental-justice grounds. The Biden administration's Justice40 Initiative (2021) committed the federal government to directing approximately forty percent of climate and environmental-investment funding to disadvantaged communities. The platform's framing treats the Cancer Alley pattern as one of the canonical contemporary cases of the environmental-racism phenomenon.

The contemporary EPA Title VI environmental-justice enforcement activity has expanded substantially across the post-2021 period. The EPA's Office of Civil Rights has opened multiple Title VI investigations of state environmental-agency permit-issuance practices in Louisiana, North Carolina, Michigan, and additional states. The investigations address the racially-disparate operation of permit-issuance practices for industrial facilities, hazardous-waste facilities, and similar sources of environmental burden. The EPA's investigation framework produces administrative settlements modifying the state-agency practices, federal-court litigation in cases where administrative resolution fails, and broader policy guidance for state-agency practice across the affected jurisdictions.

The Biden administration's Justice40 Initiative has provided substantial additional federal funding for environmental-justice activity. The federal Climate and Economic Justice Screening Tool, established in 2022, identifies disadvantaged communities for purposes of Justice40 program implementation and federal-grant prioritization. The cumulative federal environmental-justice investment has produced substantial subsequent activity in the affected communities, including the Cancer Alley corridor. The platform's framing treats the contemporary federal environmental-justice framework as substantially expanded relative to the pre-2021 baseline but still operationally constrained by the underlying industrial-facility-siting patterns that the past several decades of operation have produced; the structural remediation of the documented patterns will require sustained subsequent investment across multiple decades.

Primary source

Robert D. Bullard, ``Dumping in Dixie: Race, Class, and Environmental Quality`` (Westview, 1990; 3rd ed. 2000). UCC Commission for Racial Justice, ``Toxic Wastes and Race`` (1987). EPA, NATA 2018 air-toxics dataset.

View source ↗

Spotted something off? Report a correction.