A federal lawsuit alleging that St. James Parish’s industrial land-use policies have concentrated petrochemical plants near the parish’s Black communities was dismissed on procedural grounds earlier this month.
Judge Carl Barbier of the Eastern District of Louisiana issued the decision on Nov. 16, concluding that the plaintiffs – Inclusive Louisiana, Mt. Triumph Baptist Church and RISE St. James – didn’t meet certain statutes of limitations for filing the case. The lawsuit alleges racial discrimination in parish zoning regulations.
Some of the plaintiffs’ claims were dismissed because Louisiana has a one-year statute of limitations when violations of constitutional rights are alleged due to U.S. Code 1983, according to Barbier’s opinion. The plaintiffs’ allegations of racial bias trace back to the parish’s 2014 land-use plan.
In addition, the plaintiffs failed to respect a four-year statute of limitations when filing claims under the federal Religious Land Use and Institutionalized Persons Act (RLUIPA), the court concluded. And plaintiffs Mt. Triumph Baptist Church and Rise St. James failed to adequately plead that they had standing in the lawsuit for claims alleging diminished property values related to the land-use policies, the court held.
But Barbier also stressed that the opinion did not consider the merits of the plaintiffs’ allegations.
“Here, the position advanced by (the) plaintiffs is neither frivolous nor in bad faith, and (the) defendants mischaracterize both the length and contents of the complaint,” the judge’s opinion states. “Although (the) plaintiffs’ claims are procedurally deficient, this court cannot say that their claims lack a basis in fact or rely on a meritless legal theory.”
One of the attorneys representing the plaintiffs, Clara Potter of the Tulane Environmental Law Clinic, said the groups that brought the lawsuit are now weighing their legal options.
“We are heartened that the court recognized that our clients’ injuries were real and concrete so as to confer standing to sue, though we are disappointed that he found them time-barred by the statute of limitations,” Potter told the Louisiana Record. ”We respectfully disagree and are considering the available next steps. Our clients remain committed to working for justice for their communities in St. James Parish.”
The plaintiffs alleged that St. James Parish government entities violated their constitutional rights with the passage of the 2014 land-use plan. They alleged 14th Amendment due-process violations because the zoning decisions led to their members’ increased exposure to hazardous air pollution.
In addition, plaintiffs alleged the land-use plan added burdens to their ability to practice their religion and led to discrimination against Black Baptist churches in the parish. And they claimed that the defendants violated their rights under the Louisiana Constitution to promote their historical heritage.
“(The) plaintiffs allege that the 2014 plan effectively codified an existing practice of discriminatory behavior towards their neighborhoods,” the opinion says. “Further, (the) plaintiffs assert that the 2014 Land-Use Plan was used to protect majority white parts of the parish from industrial development, while steering industry to the Fourth and Fifth districts, which are home to populations that are majority Black.”
Because the defendants didn’t characterize the content of the plaintiffs’ complaint correctly, Barbier denied the defendants’ request for attorney fees.