South Camden Citizens in Action v. NJDEP
- Case Date: 12/17/2001
- Project Name: Environmental Law Project
On December 17, 2001, the U.S. Court of Appeals for the Third Circuit in Philadelphia overturned a trial-court decision which had invoked civil rights laws to block operation of a $50 million cement factory even though there was no evidence of intentional racial discrimination. The decision is a victory for WLF, which filed a brief in the case. The court agreed with WLF that in the absence of evidence of intentional discrimination, private parties may not sue for violations of Title VI of the Civil Rights Act of 1964 (which prohibits racial discrimination by federal fund recipients). It is not enough to show that the defendant's policy had a disparate impact on a racial group. The decision may be the death knell for the "environmental justice" movement, which seeks (as here) to block industrial facilities alleged to cause greater pollution in minority communities.
|Victory. Petition for Supreme Court review denied on June 24, 2002.|
More Information and Downloads:
6/29/2001: Download the Brief