The Federal Government's Disparate Impact Regulations

The Supreme Court issued a decision in 2001, Alexander v. Sandoval,. The court held that a private party could not bring a lawsuit to enforce these kind of regulations under Title VI. Justice Scalia wrote that if the question were before him, he would find that these regulations outlined disparate impact were not authorized by the statute itself by Title VI. So there's a real live question of, are these disparate impact regulations legal? Are they authorized under the statutory language of Title VI?