This month, environmental advocacy groups threatened to sue the Louisiana state Department of Education and the Recovery School District if they move forward with construction of a new school on a contaminated site without first conducting tests to ensure that the area is not hazardous. Opponents of the school’s construction are concerned that it will place the health of the children who attend the NOLA school at serious risk. Specifically, the project involves construction activities on the site of the Booker T. Washington High School, located at 1201 South Roman Street in New Orleans.
Resource Conservation and Recovery Act Protections
The Resource Conservation and Recovery Act (RCRA) provides that any person may commence a civil action against any person or government instrumentality who is not performing required duties regarding the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste, which may present an imminent and substantial endangerment to health or the environment. Through the citizen suit provision, a party can obtain injunctive relief to address contamination. Louisiana state’s law and regulations that are designed to match the stringent federal regulations—LAC 33:V.1103 implements 40 C.F.R. § 262.11.
Environmental Justice Issues
The contaminants on the particular site include lead and carcinogens. As the notice of intent (to file suit) describes, constructing a new NOLA school on contaminated property for predominately African American students who would be relocated from a current site without contamination involves a history of racial injustice that New Orleans should be actively working against.
Contaminants on Site & Testing
Advocacy groups are simply asking that the NOLA school district do the proper testing in conjunction with relevant experts in order to determine whether contaminants are still there from when the area operated as a city dump. This comes nearly a month after work digging up the site already began, potentially placing workers and those who live near the site in danger.
The NOLA school district claims that, by removing three feet of soil and placing a barrier between the ground and the new dirt, this would effectively prevent any health problems. However, opponents claim that contaminants have been found as deep as 15 feet and the school district is not following proper, legal procedures.
Environmental Litigators Serving Louisiana
Companies, government entities, and landowners in Louisiana sometimes violate federal, state and local environmental laws that regulate the discharge of toxic wastes and other pollutants into the environment. Sometimes they decide that it’s cheaper to pollute than to prevent toxic and chemical exposure to innocent people. Having spent years litigating against these bad actors and negligent parties, the attorneys of Harrell & Nowak can be your environmental hazards counsel in New Orleans, Metairie, Kenner, and other areas throughout Louisiana. Contact our office today for a free consultation.