A federal court in Louisiana has ruled against the EPA’s use of civil rights laws to address pollution in minority and low-income communities. EPA had attempted to use Title VI of the 1964 Civil Rights Act to stop Louisiana from permitting multiple facilities in predominantly Black areas. The court ruled that the EPA can only use these laws against explicitly discriminatory actions rather than blocking a series of permits due to their cumulative harm to minority communities.

Environmental groups criticized the ruling, with Earthjustice attorney Debbie Chizewer calling it “outrageous” and stating that it leaves vulnerable communities unprotected from disproportionate pollution exposure. The EPA, while complying with the court’s order, expressed its commitment to enforcing civil rights law and ensuring nondiscrimination in state programs funded by the federal government. Although the ruling currently applies only to Louisiana, activists fear it could set a national precedent.

The case highlights ongoing opposition to the Biden administration’s environmental justice agenda, which aims to address the unequal impact of pollution on minority and low-income communities. In April, attorneys general from 23 Republican-led states urged the EPA to stop considering race in its regulatory decisions, challenging the administration’s efforts to combat environmental hazards in vulnerable areas. 

Half of states actively battling foreign farmland purchasers

According to a new report from the Congressional Research Service, 22 states enacted laws regulating foreign ownership of U.S. land between January 2023 and July 2024. These actions were largely motivated by concerns over national security and economic implications of foreign ownership. The wave of legislation is largely centered in the upper Midwest, northern Plains and the South. The new restrictions vary, with some states targeting agricultural land, land near military installations, or critical infrastructure. Some laws apply only to citizens of specific countries, while others restrict all non-U.S. citizens. 

One notable example is Florida’s Senate Bill 264, which became law in July 2023. It prohibits foreign principals from countries like China, Russia and North Korea from owning agricultural land or property near critical infrastructure. The law faces a legal challenge, with plaintiffs arguing that it violates the Equal Protection Clause of the U.S. Constitution, as well as federal laws like the Fair Housing Act. The plaintiffs, including several Chinese nationals living in Florida, claim the law unfairly discriminates against them based on nationality. 

The Eleventh Circuit Court partially enjoined Florida’s SB 264, limiting its enforcement while the legal process continues. The court ruled that the plaintiffs demonstrated a likelihood of success, particularly on claims that the law is preempted by federal regulations governing foreign investments. However, the ruling did not fully address all of the plaintiffs’ constitutional arguments. The legal battle is ongoing, and its outcome may influence similar laws in other states.

Congress is also considering legislation that would standardize federal oversight of foreign land ownership. The Agricultural Foreign Investment Disclosure Act requires foreign buyers to report their land purchases, but it does not empower the federal government to block these transactions. Several proposals have been introduced to expand federal oversight and increase penalties for nondisclosure. At the same time, concerns have been raised about discriminatory impacts on individuals based on their nationality.

USDA, USTR accepting applications for Agricultural Trade Advisory Committees

USDA and the Office of the U.S. Trade Representative are seeking new members for various trade advisory committees. There are openings on the Agricultural Policy Advisory Committee, which advises on overall trade policies, and on six Agricultural Technical Advisory Committees that focus on specific sectors like animals, grains, processed foods and more.

Appointed members will serve four-year terms starting in January and must be U.S. citizens with expertise in agriculture and international trade. Members are required to qualify for a security clearance and must be willing to serve without compensation for time or travel. Meetings are typically held twice a year in Washington, D.C., with frequent virtual or teleconference calls.

The deadline to submit applications is Friday, Sept. 20. Applications received after this date may be considered for future openings.