McCastle? v. Rollins Environmental Services, Inc.

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-- JenniferAnderson - 06 Apr 2013

McCastle? v. Rollins Environmental Services, Inc.

McCastle? v. Rollins is a case that was filed on behalf of a community that was located in Alsen (a small community located in East Baton Rouge Parish) against Rollins Environmental Services, Inc., a toxic waste cleaning company. Although the decision in this case allowed the plaintiffs within this community to be certified as a class in pushing their law suit through, thereby reversing the decision that had been made at the trial and appellate level, the case was not reheard in the lower courts. Instead, Rollins Environmental Services, Inc. settled with the plaintiffs outside of court. This case is often cited as one of the pivotal moments in the environmental grass roots movement that has been occurring within community of colors. There is an intersection in which legal rights, community activism, and court decisions come together to protect the rights of a group of people. It deals with a community that is predominately filled with people of color and which is located within what is considered cancer alley (link to other Wikipedia page) in Louisiana.

Contents

Background

What's known as "cancer alley" is the 107 mile stretch along the Mississippi river that runs between Baton Rouge and New Orleans. (1) This area has been defined as that because of the over 150 environemntal hazards and waste dumps that are located there. (2) More than 60 percent of the facilities that release chemicals are located within communities that are populated by people of color (African Americans, Latinos, Pacific Islanders, and Native Americans).(3)

Many of the African Americans who lived in the area that came to be known as Cancer Alley were the offsprings of people who had been awarded land as a result of ---.(4) 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.(5) The group involved in the McCastle? case is located in Alsen. Around the time of the initial filing of the lawsuit in 1980, there were 1104 residents. African American composed 98.9 of those residents. More than 77 percent of the people who lived there owned their own homes even though it had started out as a rural community that was primarily composed of African Americans.(6) This group claimed that Rollins Environmental Services was land farming sludge that was being produced by Exxon Corporation. Mary McCastle? began to record the impact that these facilities had on community members who were living in the area. (7) Within the community, there were claims that the plants were producing things that were adversely impacting the residents who lived in the area. As Mary McCastle? stated: “We had no warning Rollins was coming in here. When they did come in we didn't know what they were dumping. We did know that it was making us sick. People used to have nice gardens and fruit trees. They lived off their gardens and only had to buy meat. Some of us raised hogs and chickens. But not after Rollins came in. Our gardens and animals were dying out. Some days the odors from the plant would be nearly unbearable. We didn't know what was causing it. We later found out that Rollins was burning hazardous waste.” (8)

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? , a 75 year old grandmother, and her organized neighbors, the group were determined to protect the health rights of other members within their communities.(9) This organization worked to have Rollins Environmental Services clean up some of the waste that they had disposed of for Exxon Mobil by reporting the practices of Rollins Environmental Services to the Louisiana Department of Environmental Quality. (10) Even though residents were invited to watch Rollins Environmental Services clean up the waste that they had disposed of inappropriately, they didn’t see much of the clean up getting done. Consequently, the group of residents followed up and filed a law suit on behalf of community members who had been adversely impacted. (11)

Law Suit

A group of residents that lived in Alsen, an 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. (12)

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) (13)

* 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.(14)

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 in 1987. Each of the plaintiffs received $3,000 dollars. The Alsen Community did not receive the health clinic that they had hoped to receive. Additionally, Rollins was allowed to stay open.(15)

In 1992, The Coalition for Community Action was successful in obtaining a technical assistance grant (TAG) from the federal Environmental Protection Agency to obtain cleanup in an reas called the Devil’s swamp which is also located in the East Baton Rouge Parish. (16)

The Rollins Environment Services, Inc. facility that was at the center of the lawsuit is now closed.(17)

The Tulane Environmtnal Law Clinic have worked with the North Baton Rouge Environmental Association and have helped them have many of their claims heard.(18)

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. (19)

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

Allen, Barbara L. Uneasy Alchemy: Citizens and Experts in Louisiana's Chemical Corridor Disputes Toxic Waste and Civil Rights (http://www.loe.org/shows/segments.html?programID=94-P13-00003&segmentID=1) Allen, Barbara L. Uneasy Alchemy: Citizens and Experts in Louisiana's Chemical Corridor Disputes Schwab, Jim, Deeper Shades of Green

Secondary Sources

Markowitz, Gerald and David Rosner. Deceit and Denial; The Deadly Politics of Industrial Pollution Hackle, Angel. Master’s Thesis: Brown University Motavalli, Jim. Toxic Targets; Polluters that Dump on Communities of Color Are Finally Being Brought to Justice Houck, Oliver A., SAVE OURSELVES: THE ENVIRONMENTAL CASE THAT CHANGED LOUISIANA

Notes

1 : Master's Thesis Page 1

2 : Id. 1

3 : Id. 2

4 : Need to Find Quote

5 : Deceit and Denial Page 239

6 : Bullard, Robert D.

7 : Need the Source

8 : Houck, Oliver A, Save Ourselves: The Environmental Case that Changed Louisiana

9 : Bullard, Page 115

10 : Master's Thesis Page 9

11 : Master's Thesis Page 10

12 : McCastle v. Rollins Environmental Services, Inc., 456 So. 2d 612

13 , 14 : McCastle

15 : Master’s Thesis Page 10

16 : Bullard 115; http://www.epa.gov/region6/6sf/pdffiles/devils-swamp-la.pdf

17 , 18 : Motavalli, Jim. Toxic Targets; Polluters that Dump on Communities of Color Are Finally Being Brought to Justice

19 : Allen, Brenda. Uneasy Alchemy: 158

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