Trump administration to drop lawsuit against Louisiana petrochemical plant, AP sources say

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Federal Lawsuit Against Denka Plant to Be Dropped Under Trump Administration

The Trump administration is planning to withdraw a federal lawsuit against Denka Performance Elastomers, a synthetic rubber manufacturer accused of increasing cancer risks for residents near its plant in Louisiana. This decision reverses one of the Biden administration’s key efforts in its environmental justice initiative, which aimed to address the disproportionate impact of industrial pollution on marginalized communities. The lawsuit, filed by the Environmental Protection Agency (EPA) in early 2023, alleged that the Denka plant emitted hazardous levels of chloroprene, a cancer-causing chemical, and demanded reductions in toxic emissions. However, under Trump, the Justice Department is expected to take court action to dismiss the case in the coming days, according to sources familiar with the matter.

Community Impact and the Fight for Environmental Justice

The Denka plant, located in LaPlace, Louisiana, is situated near an elementary school in a predominantly Black community. For years, residents have raised concerns about the plant’s emissions and their health impacts. The area, part of the Mississippi River Chemical Corridor, is infamously known as "Cancer Alley" due to the high incidence of cancer linked to industrial pollution. Air monitoring data revealed that long-term chloroprene concentrations near the plant were as high as 15 times the recommended levels, posing significant health risks, especially to children. The Biden administration’s lawsuit was seen as a critical step toward protecting this vulnerable community, but the Trump administration’s decision to drop the case has sparked outrage among advocates.

Background of the Denka Plant and Its Controversies

Denka, a Japanese-based company, purchased the former DuPont plant in LaPlace over a decade ago. The facility produces neoprene, a synthetic rubber used in products such as wetsuits and laptop sleeves. Since taking over the plant, Denka has faced numerous lawsuits and investigations into its environmental and health impacts. Under the Biden administration, the EPA alleged that the plant’s emissions of chloroprene posed an unacceptable cancer risk and demanded stricter emissions controls. Denka has argued that it has significantly reduced emissions since 2015 and was unfairly singled out by the EPA’s enforcement actions. The company also won an extension on a deadline to lower its emissions after pushing back against the agency’s requirements.

Biden Administration’s Environmental Justice Efforts

The Biden administration had made environmental justice a priority, with the Denka case representing one of its highest-profile actions. The EPA, under Administrator Michael Regan, issued a rule targeting industrial pollution and set a strict deadline for Denka to reduce emissions. Additionally, the agency investigated Louisiana state regulators, finding that they had failed to adequately inform the public about the cancer risks posed by the plant. However, the investigation was dropped in late 2023 after Republican-led state officials sued, arguing that the EPA had overstepped its authority under a Civil Rights statute. A federal judge later agreed, limiting the EPA’s ability to pursue environmental discrimination cases in Louisiana.

Trump Administration’s Reversal of Environmental Protections

The Trump administration has swiftly moved to undo the environmental justice focus of the Biden era, including placing roughly 170 environmental justice-focused staffers on administrative leave. The decision to drop the Denka lawsuit is part of a broader effort to roll back environmental regulations and prioritize industrial interests over community health. Critics argue that this move abandons vulnerable communities and ignores the clear requirements of the Clean Air Act. David Uhlmann, a former EPA enforcement official under Biden, called the decision "a choice to protect a well-heeled and well-connected corporation over American children and their families."

Broader Implications for Environmental Justice

The dismissal of the Denka case has far-reaching implications for environmental justice efforts nationwide. Advocates like Robert Taylor, a co-founder of Concerned Citizens of St. John the Baptist Parish, expressed dismay at the decision, calling it a "reversal" of progress made under Biden. The Denka plant’s emissions are just one example of the systemic environmental racism faced by communities like those in Cancer Alley, where residents bear the brunt of industrial pollution. By abandoning the lawsuit, the Trump administration is sending a clear signal that it is willing to sacrifice public health for corporate interests, leaving already marginalized communities with even fewer protections. This decision underscores the ongoing struggle for environmental justice and the need for federal accountability in upholding the rights of all Americans to clean air and water.

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