Louisiana Suit Over EPA Civil Rights Authority Seen On High Court Track

Industry attorneys say Louisiana’s lawsuit claiming EPA lacks authority under Title VI of the Civil Rights Act to take action over “disparate impacts” and must instead show “intentional discrimination” to justify enforcement could be headed to the Supreme Court, even after the agency abruptly closed the investigations at issue in the case. EPA’s “aggressive” enforcement of Title VI in a hostile state such as Louisiana has put the agency in the untenable position of being potentially swept up in litigation...