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Re: E-M:/ NJ Env. Justice court decision available online



Actually, the judge's decision that there is a private right of action under Title VI regulations is not novel -- almost every Circuit Court of Appeals in the country that has faced this issue (including our own Sixth Circuit) has effectively held that there is a private right of action and many people believe that past Supreme Court precedent supported those decisions.

Unfortunately, the current Supreme Court disagreed with this history and, today in a typical 5-4 decision, held that there is no private right of action to enforce regulations issued under Title VI of the Civil Rights Act.  The full decision is available at  http://supct.law.cornell.edu/supct/html/99-1908.ZS.html.
 
 

Terry Lodge wrote:

-------------------------------------------------------------------------
Enviro-Mich message from Terry Lodge <tjlodge50@yahoo.com>
-------------------------------------------------------------------------

   As a followup to Anne Woiwode's post on this
remarkable decision, you may view the full text of it
at

http://lawlibrary.rutgers.edu/fed/html/ca01-702-2.html

   One disturbing footnote: the federal judge in this
case made a determination that there is a private
right of plaintiffs to sue based upon Title VI of the
Civil Rights Act of 1964, which meant that the
plaintiffs could be awarded the injunction they were
seeking.

   This is a rather novel interpretation of the law
and, as Judge Orlofsky noted, this very issue is
currently pending before the U.S. Supreme Court, and
likely to be decided within 2 months. If the Supremes
rule that there is no private citizen's right to bring
EJ lawsuits - certainly what I would anticipate
Scalia, Rehnquist and the rest of that bunch to do -
then citizens who allege discriminatory
pollution-permitting will have to look to a
governmental agency to uphold their civil rights.
That's not very promising.

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