Quiz # 70 Can Air Pollution Violate City Residents’ Right to Exercise Religion?

Does air pollution violate the rights of city residents to exercise their religion? 

 

Let’s look at a recent case from Kalamazoo, Michigan.  Here are pertinent facts as stated by the Court:

 

This is a civil rights action by residents of Kalamazoo, Michigan, against a variety of state, federal, and private defendants. Before the Court are motions to dismiss by different sets of defendants (ECF Nos. 50, 71, 74, 76, 83), as well as Plaintiffs’ motion for reconsideration of an order granting a motion to strike (ECF No. 103).

 

1. BACKGROUND
2. Parties

Plaintiffs consist of approximately 46 individuals suing on their own behalf or on behalf of minors or deceased individuals. Plaintiffs allege that they are residents of the “Northside neighborhood” in the City of Kalamazoo. (Compl. 3, ECF No. 1.) They contend that they have suffered injury as a result of airborne pollution, chemical discharges, and odors originating from a nearby paper mill run by Graphic Packaging International and its parent, Graphic Packaging Holding Company (collectively, “GPI”), and from the Kalamazoo Wastewater Reclamation Plant (“KWRP”), a water-processing plant operated by the City of Kalamazoo that is adjacent to GPI's mill and that processes wastewater from GPI and other sources.

 

Dancer v. United States, et al., No. 1:23-CV-580, 2024 WL 1130958, at *1 (W.D. Mich. Mar. 15, 2024)

 

Here, Plaintiffs allege that the air quality in their neighborhood hindered their ability to attend congregational worship services. They allege that they have refrained from attending such worship services because doing so requires them to travel outside and expose themselves to “excessive” amounts of air pollution and particulate matter. (Compl. 88.) Although Plaintiffs do not allege specifics about their religious beliefs, they apparently contend that congregational worship services are part of their religious practices. And they apparently contend that all of them are exposed to some form of odors or air pollution that impairs their ability to attend these services.

 

Id. at *16

 

 

(Scroll down for the answer)

 

 

Answer:  Here is how the Court ruled:

 

The city's alleged failure to improve the air quality of its residents does not give rise to a free exercise claim because that failure impacts city residents without regard to their religion. “[N]ot every burden on the free exercise of religion is unconstitutional.” Dahl v. Bd. of Trs. of W. Mich. Univ., 15 F.4th 728, 733 (6th Cir. 2021). Ordinarily, a policy or practice that is “neutral, generally applicable, and ‘incidentally burdens religions practices’ ” does not give rise to a free exercise claim. See Pleasant View Baptist Church v. Beshear, 78 F.4th 286, 296 (6th Cir. 2023) (quoting Emp. Div., Dep't of Hum. Res. of Or. v. Smith, 494 U.S. 872, 879 (1990)). Those are the circumstances here. Accordingly, the Court will dismiss Count II.

Id. at *17. 

 

Disclaimer: The Religion Law Quizzes are provided as a service to you. They are intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.

 

HERE IS AN AI GENERATED SUMMARY OF TODAY’S PODCAST

 

 

 

In this riveting episode of the Religion Law Podcast, host Michael Fielding presents a unique query on the intersection of religious freedom and environmental pollution. The question of whether air pollution can infringe on the rights of city dwellers to practice their religion forms the heart of this episode, as we delve into a recent case that emerged from the Western District of Michigan.

A civil rights action was brought forth by the citizens of Kalamazoo, Michigan, claiming that harmful airborne particles and discomforting odors from local facilities significantly impaired their participation in religious congregational worship services. However, the court ruled that the city's alleged negligence in maintaining air quality did not present a free exercise claim, as it affected all residents irrespective of their religious affiliations.

Through a meticulous and comprehensive examination of these unprecedented events, the listeners are guided on a profound exploration of the subtle nuances of religious freedom laws. The episode concludes by challenging its listeners with a thought-provoking hypothetical scenario that envisions a more explicit clash between civic obligations and religious liberties. Join us for this enlightening episode of the Religion Law Podcast - uniting law, religion, and environmental concerns into a single discussion.