The U.S. Justice Department is reportedly preparing to withdraw a lawsuit against Denka Performance Elastomer, a development that could have broader implications for chemical plant operators and environmental regulations, according to a Washington Post article.
The lawsuit, originally filed in February 2023 under the Biden administration, targeted the Louisiana plant's emissions of chloroprene, a chemical the U.S. Environmental Protection Agency (EPA) classifies as a likely carcinogen. The case challenged the plant's operations, with air monitors detecting chloroprene concentrations up to 14 times the EPA's recommended safe exposure levels.
Why This Matters
Denka had previously warned that meeting the EPA's strict emission requirements would force the plant's permanent closure. The facility is notably the only U.S. manufacturer of neoprene, a synthetic rubber used in products ranging from latex gloves to laptop sleeves.
Gov. Jeff Landry and other Louisiana officials have been vocal in defending the plant, arguing that such regulatory actions threaten U.S. industrial jobs and could potentially shift manufacturing to overseas markets.
The EPA had previously issued strict new limits on chloroprene and other toxic pollutants from chemical plants nationwide in April 2024. The agency had originally ordered Denka to reduce emissions to safe levels within 90 days.
For chemical industry operators, the case could impact environmental regulations, economic considerations and industrial production capabilities. The outcome also has the potential to influence future regulatory approaches to industrial emissions and environmental compliance.
