RE: [CPEO-BIF] How does the Supreme Court Decision affect the Camden, NJ Title

[Tony Chenhansa <tonyc@cpeo.org>]

Original message from: "Bruce S. Katcher" <BKatcher@MGKLAW.COM>

While I don't purport to be a civil rights law expert, I'll take a crack at
it. Briefly, the U.S. Supreme Court held  in Alexander v. Sandoval that
there is no private right of action to enforce federal government
regulations prohibiting state actions that a have a discriminatory effect
based upon a showing of disparate impact under Section 602 of Title VI of
the Civil Rights Act of 1964.  Rather, the Court found that a private party
seeking to challenge discriminatory action under Title VI must show that
the action was intentionally discriminatory under Section 601.  

This is the same provision that was in issue in the South Camden Citizens
in Action case  therefore the Supreme Court decision calls the holding in
that case (as well as the foundation for many private Environmental Justice
suits) into question.  It has been reported in our local press (I'm located
in our firm's Cherry Hill, NJ office) that the judge in the South Camden
case requested that the parties submit briefs on the effect of the decision
in the Alexander case by today (April 26, 2001).  I expect that the
plaintiffs will assert that they can sustain the burden to demonstrate
intentional discrimination and may also rely upon a statement in Justice
Steven’s dissent suggesting that a disparate impact (versus intentional
discrimination) cause of action may still be asserted under a separate
provision of the federal civil rights laws, 42 U.S.C. Section 1983.  The
judge is likely to rule quickly becasue he has enjoined operation of the
plant and construction has been completed.  

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