In a significant policy shift, the Trump administration is reportedly set to withdraw a federal lawsuit against Denka Performance Elastomer, a synthetic rubber manufacturer. This lawsuit was initially filed by the Biden administration as part of its environmental justice initiatives, intended to address concerns of increased cancer risks in a predominantly Black community near Denka’s Louisiana plant. The initiative was part of an effort to rectify historical inequities in areas heavily impacted by industrial pollution. Sources, who prefer to remain unidentified as the decision is yet to be announced publicly, indicate that the court action may occur within the next few days. This planned withdrawal was first noted by the New York Times.
This lawsuit was a significant component of Biden’s environmental agenda, targeting Denka for alleged excessive emissions of chloroprene, a potentially carcinogenic chemical. Located in LaPlace, Louisiana, the Denka plant has been under scrutiny due to its proximity to an elementary school and its operation in a community close to New Orleans. The plant, acquired from DuPont roughly ten years ago, produces neoprene, used in various products, including wetsuits and laptop sleeves.
Biden’s EPA had pushed for substantial cuts in these toxic emissions, with court proceedings scheduled to commence in April. The Justice Department under Biden took action against Denka, emphasizing the company’s contribution to public health risks, particularly among children. However, the move to withdraw from this litigation reflects a broader effort by the Trump administration to reverse the environmental justice policies set forth by Biden, further exemplified by the administrative leave imposed on about 170 environmental justice staff members.
Denka has contested the government’s claims, arguing that it has already reduced emissions following the plant’s purchase in 2015, and had been granted an extension on compliance deadlines. The EPA under Biden also probed state regulators in Louisiana, citing insufficient public disclosure about the cancer risks associated with the plant. However, following legal challenges from the state, the EPA eventually dropped its inquiry, with a ruling indicating an overreach of federal authority.
This development has sparked concern among local residents and environmental advocates. The Denka plant is situated within the Mississippi River Chemical Corridor, notoriously nicknamed “Cancer Alley,” where a significantly high cancer rate is observed due to the presence of numerous petrochemical facilities. The area forms a key segment of the U.S. petrochemical production network.
In a bid to promote justice for impacted communities, Michael Regan, Biden’s EPA administrator, had visited the region, emphasizing the administration’s commitment to enforcing environmental protections. Activists like Robert Taylor, who has long campaigned for cleaner air in St. John the Baptist Parish, expressed disappointment over the decision to discontinue the case, lamenting it as a step backward after the progress seen under Biden.
The federal lawsuit reported that long-term air monitoring near the plant indicated chloroprene levels up to 15 times higher than what is deemed safe for prolonged exposure. Environmental groups argue that this dismissal exacerbates vulnerabilities faced by communities under environmental threats, as the administration appears to prioritize industrial growth over public health concerns.
