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Justice Served: Denka Performance Elastomer LLC, Environmental Law Violation, Louisiana 2023
On February 28, 2023, the Biden Administration filed a lawsuit against Denka Performance Elastomer LLC, a neoprene manufacturing facility in LaPlace, Louisiana, under the Clean Air Act’s rarely invoked ‘Emergency Powers’ provision (42 U.S.C. § 7603).
The lawsuit alleged a marginally increased risk of harm after prolonged exposure to emissions from Denka’s LaPlace plant, which did not violate any regulatory air quality standard. The prior administration framed the case as part of its ‘ongoing effort to advance environmental justice in overburdened communities.’
However, the Biden Administration EPA used its EJScreen tool to define such areas partly by the percentage of ‘people of color’ present — a clear example of the racial preferencing now prohibited by President Trump’s executive order.
Today, the Justice Department, on behalf of the Environmental Protection Agency (EPA), dismissed the lawsuit, fulfilling President Trump’s day one executive order, ‘Ending Radical and Wasteful Government DEI Programs and Preferencing.’
According to Acting Assistant Attorney General Adam Gustafson, ‘Today’s dismissal reflects ENRD’s renewed commitment to enforce environmental laws as Congress intended — consistently, fairly and without regard to race.’
The dismissal of this case is a step toward ensuring that environmental enforcement is consistent with the law, said EPA Administrator Lee Zeldin. ‘We can fulfill that mission within well-established legal frameworks, without stretching the bounds of the law or improperly implementing so-called ‘environmental justice’.’
Denka’s LaPlace facility produces neoprene, a synthetic rubber essential for products like orthopedic braces, wetsuits, and automotive components. Following a 2017 settlement with the State of Louisiana, Denka invested over $35 million to cut chloroprene emissions by 85 percent.
Defendant: Denka Performance Elastomer LLC
Crime: Environmental Law Violation
City and State: LaPlace, Louisiana
Date: February 28, 2023
Sentence/Outcome: Dismissed
Dollar Amounts: Over $35 million invested by Denka to cut chloroprene emissions by 85 percent
Key Facts
- State: Louisiana
- Category: Environmental Crimes
- Source: DOJ Press Release â†â€â€
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