Supreme Court Decision May Limit Environmental Justice Suits

摘要

In a 5-4 decision, the U.S. Supreme Court ruled that individuals could not sue state agencies on the basis of disparate impact under Section 602 of the Civil Rights Act of 1964. The April 24,2001 decision in Alexander et al. v. Sandoval (No. 99-1908) means that individuals seeking redress under Title VI of the Civil Rights Act for environmental permitting decisions made by state and local agencies would have to show that an agency's action involved intentional discrimination. According to the Supreme Court, Title VI of the Civil Rights Act does not establish a private right of action to enforce federal agency regulations issued pursuant to Section 602 of the Civil Rights Act. Regulations issued under Section 602 include, for example, EPA's regulations in 40 CFR Part 7 requiring recipients of federal funding to administer their programs in a manner that will not have a discriminatory effect.