In two recent decisions styled South Camden Citizens in Action v. New Jersey Department of Environmental Protection,¹ Judge Stephen M. Orlofsky of the U.S. District Court for the District of New Jersey has seemingly put some teeth in the environmental justice movement. The judge not only found that private parties have a cause of action for violation of the U.S. Environmental Protection Agency's (EPA's) Title VI environmental justice regulations,² but, based on the failure of the New Jersey Department of Environmental Protection (NJDEP) to properly consider environmental justice issues, he vacated air quality permits issued by the NJDEP and enjoined operation of a cement plant in Camden, New Jersey.³

Although the finding of a private cause ofaction is the most striking aspect of the opinions, there are a number of other fascinating implications of these decisions. First, in applying Title VI civil rights legislation to environmental permitting, the judge apparently applied a new, general environmental standard of "no significant adverse affect" for permit decisions that disproportionately affect minority communities. Thus, a new standard may have been added to the roster of environmental standards and acronyms.