Federal Environmental Justice Tracker

EJ Tracker Update

DOJ Clarified Agency’s Civil Rights Enforcement Authority in Response to Court Injunction

Last updated:

September 19, 2024

Authority

Title VI of the Civil Rights Act of 1964

Agencies

DOJ

Actions

Guidance/Policy

On Aug. 22, 2024, the U.S. District Court for the Western District of Louisiana permanently blocked EPA and DOJ from enforcing the agencies’ disparate impact rules under Title VI of the Civil Rights Act against any party in Louisiana. Title VI of the Civil Rights Act of 1964 bars recipients of federal funding from discriminating on the basis of race, color, or national origin. Agency rules implementing Title VI prohibit both intentional discrimination and certain actions that have a disparate impact on communities of color. That same month, DOJ clarified its authority to enforce its Title VI rules prohibiting intentional discrimination regulations which apply nationwide, including against recipients of federal funding to parties in Louisiana. On Sep. 19, 2024, Louisiana asked the court to vacate those rules nationwide. The court has not yet ruled on Louisiana’s motion.

Learn more about Title VI and litigation challenging agencies’ disparate impact regulations in EELP’s CleanLaw Episodes “60 Years of Defending Title VI of the Civil Rights Act, Part 1″ and “Title VI of the Civil Rights Act, Part II: Environmental Justice Lawyering in Practice.”