EPA agrees to dismiss chemical lawsuit against Denka over pollution exposure in St. John the Baptist Parish

The Trump administration is stopping a prominent Biden-era effort to address pollution exposure in an area of St. John the Baptist Parish known as “Cancer Alley.”

A court document shows that the Environmental Protection Agency (EPA) will dismiss a lawsuit against Denka Performance Elastomer, a chemical company, for releasing chloroprene, which endangered a nearby Black community.

U.S. District Judge Carl Barbier of the Eastern District of Louisiana summarized a conference call with attorneys on Wednesday, asking all parties involved in the Clean Air Act lawsuit against Denka Performance Elastomer plan to submit a “stipulation of dismissal.”

Before the agreement, Judge Carl Barbier rejected Denka’s bid to dismiss the case until both parties agreed to dismiss it.

The lawsuit filed by the Biden administration reignited a dispute over a shutdown order that would allow the EPA to halt operations in emergency situations, such as excessive hazardous pollution. The suit was a key part of President Joe Biden’s comprehensive initiative to highlight environmental justice in communities heavily affected by industrial pollution.

Bracewell LLP confirmed this in a press release on Friday, calling the case “long overdue and appropriate.” 

“We are also committed to working with the EPA to develop a sensible replacement for the Section 112 emissions standards for neoprene production.”

No “emergency” can exist when the facility’s emissions are at an historical low due to DPE’s investment (more than $35 million) and the innovation of its workforce,” a section of the press release read. 

Denka, the only U.S. neoprene manufacturer, opposed strict chemical regulations to protect LaPlace, Louisiana residents near the plant for its high cancer rates.

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