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-- JenniferAnderson - 06 Apr 2013

McCastle? v. Rollins Environmental Services, Inc.

Background

What's known as "cancer alley" is the stretch in New Orleans along the Mississippi river that where polluting facilities are located. These facilities are located in areas where there ---white, ---black, with --- in poverty. The blacks who lived there were awarded that land and had lived there for generations. When power plants and cleaning facilities began moving in, blacks did not have a lot of power and were unable to challenge the ways in which they were being impacted.

This group claimed that Rollins Environmental Services was land farming sludge that was being produced by Exxon Corporation. As a result, residents in this Louisiana community claimed that the pollution that was produced by the plaint created health issues such as cancer, asthma and heart disease. A group of community members came together and formed the Coalition for Community Action. On behalf of Mary McCastle? , ---,---, and ---, this organization worked to have Rollins Environmental Services clean up some of the waste that they had disposed of for Exxon Mobil. Since this did not happen

Law Suit

A group of residents that lived in East Baton Rouge Parish, Louisiana filed a law suit against a chemical land farming operation, Rollins Environmental Services. At the trial court level, the group of plaintiffs were denied class certification because the court perceived their injuries to be too divergent, not easy to indentify, and the plaintiffs wanted large damages. At the Appeal level, the court confirmed the findings of the trial court. The appeal’s court didn’t think that the claims would create judicial economy. The Supreme Court of Louisiana reversed the findings of the trial court and the appeals court and said that it would be impractical to have all of the separate plaintiffs to file separate briefs since they are similar enough. In order to determine whether it was appropriate to deem the people involved in this case should be part of a larger class, the court went through a process of analysis. Common Character Analysis (As laid out in Guste v. General Motors Corp. 370 So. 2d 477)

* Effecting Substantive law

* Judicial efficiency

* Individual fairness

The court determined that the group of people who went to trial for this case fulfilled all of the qualities that would be necessary for a group of people to be considered a class. The certification was approved and the plaintiff’s case was sent to lower courts to be reevaluated.

Aftermath of the Case

After the court decision that said that the group could be certified as a class, the case was settled outside of court.

Social Implications

One legacy of the environmental justice movement was the fight against Supplemental Fuels incorporated (SFI). Although the company tried to locate its facilities in a community where they thought that people would not fight back, they were met by opposing black and white forces. After a long court battle, the company left Louisiana. This incidence showed that when communities come together to challenge people who want to move into their communities they can be successful.

Court Cases

McCastle? v. Rollins Environmental Services, 514 F. Supp. 936 (1981) McCastle? v. Rollins Environmental Services, Inc., 415 So. 2d 515 (1982) McCastle? v. Rollins Environmental Services, Inc., 456 So. 2d 612 (1984)

Primary Sources

Secondary Sources

Allen, Barbara L. Uneasy Alchemy: Citizens and Experts in Louisiana's Chemical Corridor Disputes Nye, David E., Technologies of Landscape Davis, Donald, Southern United States: An Environmental History Schwab, Jim, Deeper Shades of Green Markowitz, Gerald and David Rosner. Deceit and Denial; The Deadly Politics of Industrial Pollution Hackle, Angel. Masters Thesis Motavalli, Jim. Toxic Targets; Polluters that Dump on Communities of Color Are Finally Being Brought to Justice Cermansky, Rachael. Cancer Alley: Big Industry & Bigger Illness Along Mississippi River

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