Angelita C. et al. v. California Department of Pesticide Regulation

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Legal: move this to Geography

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Revision as of 03:10, 7 May 2024
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Title VI of the [[Civil Rights Act of 1964]] and its implementing regulations prohibit recipients of federal financial assistance from discriminating based on race, color, or national origin. Title VI prohibits both intentional discrimination and discriminatory effects from neutral policies.{{sfn|Rensink|2022|p=235}} However the US Supreme Court ruling in [[Alexander v. Sandoval]] found that individuals had right to sue for discriminatory effects of government actions,{{efn|"no individual cause of action"}} so since the Environmental Protection Agency (EPA) is responsible for oversight and investigation under Title VI regulations as outlined in 40 C.F.R. Part 7, the plaintiffs filed an administrative complaint that the agency had failed to comply with its own regulations.{{sfn|Huang|2012|p= }}<ref name=":2" />Title VI of the [[Civil Rights Act of 1964]] and its implementing regulations prohibit recipients of federal financial assistance from discriminating based on race, color, or national origin. Title VI prohibits both intentional discrimination and discriminatory effects from neutral policies.{{sfn|Rensink|2022|p=235}} However the US Supreme Court ruling in [[Alexander v. Sandoval]] found that individuals had right to sue for discriminatory effects of government actions,{{efn|"no individual cause of action"}} so since the Environmental Protection Agency (EPA) is responsible for oversight and investigation under Title VI regulations as outlined in 40 C.F.R. Part 7, the plaintiffs filed an administrative complaint that the agency had failed to comply with its own regulations.{{sfn|Huang|2012|p= }}<ref name=":2" />
The complaint was named "Angelita C." after the mother of a student at Ohlone Elementary School in Watsonville, surrounded by strawberry fields.{{sfn|Rensink|2022|p=235}} Another three schools were in Monterey County, in [[Pajaro]] and Salinas. Another was in Watsonville in Santa Cruz County. Two were in Oxnard in Ventura, County, including Rio Mesa High, attended by the son of Maria Garcia, who later sued over the subsequent recertification of methyl bromide as a pesticide as if ''Angelita C.'' had never happened.{{sfn|Buford|2015|p= }} A 2002 literature review found a 91% greater likelihood nationwide for Hispanic than white children to attend schools where the greatest amounts of pesticides that threaten human health were being used nearby.{{sfn|Donley|Bullard|Economos|2022|p= }} Median urinary pesticide [[metabolite]] levels measured in farmworkers in Monterey County that were up to 395 times higher than in a national survey.{{sfn|Donley|Bullard|Economos|2022|p= }}A 2002 literature review found a 91% greater likelihood nationwide for Hispanic than white children to attend schools where the greatest amounts of pesticides that threaten human health were being used nearby.{{sfn|Donley|Bullard|Economos|2022|p= }} Median urinary pesticide [[metabolite]] levels measured in farmworkers in Monterey County that were up to 395 times higher than in a national survey.{{sfn|Donley|Bullard|Economos|2022|p= }}
A review by the Center for Public Integrity of 265 complaints submitted to the civil-rights office found that "settlements are rare, investigations often cursory and findings of discrimination all but non-existent."{{sfn|Buford|2015|p= }}A review by the Center for Public Integrity of 265 complaints submitted to the civil-rights office found that "settlements are rare, investigations often cursory and findings of discrimination all but non-existent."{{sfn|Buford|2015|p= }}

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