Jacksonville University Law Review College of Law

Water pollution threatens public health, especially in Florida, where excess nutrients cause reoccurring algal blooms. The United Nations has explicitly recognized a human right to water, and as part of it, a need for water quality monitoring. In the United States, the Clean Water Act, coupled with Environmental Protection Agency guidance, requires water quality monitoring and pollution control measures to protect the chemical, physical and biological integrity of the Nation’s waters. Although Florida operates a water quality monitoring regime to implement these concepts, it falls woefully short of achieving clean water. Instead, the state routinely detects excess nutrients, now so severe that Florida launched a system to warn the public of health risks. Peer review critiques, however, reveal inadequacies in the whole system, describing a need for more information, and more resources, to prevent upstream sources. While budgetary data suggests a recent increase in monitoring expenditures, and some new regulatory measures are underway, Florida residents should demand more from their public officials than merely a warning to take precautions against toxic waters. Monitoring is not a solution to toxic water.

The Mississippi River’s “Cancer Alley” is an 85-mile stretch between Baton Rouge and New Orleans with over 200 petrochemical plants. These facilities emit carcinogens like chloroprene and ethylene oxide, disproportionately impacting predominantly Black communities, such as those in St. John the Baptist and St. James Parishes. Residents face the nation’s highest cancer risks, with local advocacy groups challenging systemic permitting practices and environmental racism under Title VI of the Civil Rights Act.

The EPA initially responded with an investigation and a proposed consent agreement with the Louisiana Department of Environmental Quality (LDEQ), aiming to address cumulative health and racial disparities. However, political and legal pushback, including a lawsuit by Louisiana's Attorney General, led the EPA to abandon the agreement to avoid judicial challenges that might weaken Title VI protections nationwide.

This withdrawal undermined civil rights-based environmental justice efforts, signaling a reluctance to confront systemic racial disparities directly. Although the EPA has pursued other regulatory measures, critics argue that these lack the scope to address the cumulative impacts of pollution. The article emphasizes the need for robust, sustained enforcement of civil rights in environmental justice to protect vulnerable communities.

This essay provides a compelling historical analysis of the legislative developments that have shaped the current framework of disaster management in the United States. By tracing the evolution of these laws, it highlights a crucial shift in disaster responsibility—from centralized government agencies to a shared burden with the communities they aim to protect. In response to this shift, I propose that disaster management agencies adopt a socio-legal framework designed to guide the formation of public- private partnerships (PPPs). Such a framework would offer a structured approach to balancing transparency with the profitability goals that often characterize private involvement in public services. This essay further advocates for equitable policy reforms that ensure government funds are directed toward those most vulnerable in times of crisis, rather than disproportionately benefiting already privileged groups. By integrating equity into the heart of disaster management policy, this work calls for a reimagined, inclusive approach to public-private collaboration that strengthens resilience in marginalized communities and fosters greater trust in disaster recovery efforts.