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On Zoom meetings for his job as the Lumber Riverkeeper with the non-profit Winyah Rivers Alliance, he mutes himself and goes offscreen to avoid distracting others with the heavy thunk of his pump-action, salt-shooting plastic fly gun.
“When you have a state like North Carolina disregarding its public protection mission in favor of an entrenched industry, the legal tools under the big environmental statutes are limited,” said Christophe Courchesne, a Vermont Law professor and attorney who helped file the complaint.
He says environmental justice groups have increasingly turned to Title VI as a creative legal strategy, including in North Carolina, where a 2018 settlement over another complaint against NCDEQ led to stronger monitoring of swine facilities.
Josh Kastrinsky, a NCDEQ spokesperson, declined to comment on the Title VI complaint, and a public records request filed on 24 January seeking the department’s internal communications on the matter remained unfulfilled as of press time.
Although NCDEQ is the Title VI complaint’s target, North Carolina’s legislature shares much of the blame for the current situation, said Brooks Rainey Pearson, a lawyer with the non-profit Southern Environmental Law Center who was not involved in the filing.
Blakely Hildebrand, another Southern Environmental Law Center attorney who has filed a different civil rights complaint against NCDEQ, called that decision “very concerning” and said its impact on pending cases elsewhere in the country remained to be seen.
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