US drops case against Denka chloroprene rubber plant

Washington - The US justice department has dismissed a lawsuit against Denka Performance Elastomer (DPE) concerning its chloroprene rubber (CR) manufacturing plant in LaPlace, Louisiana.

In a 7 March statement, the department said it was acting in-line with president Trump’s executive order to end ‘radical and wasteful’ government diversity, equity, and inclusion programmes.

Concurrently, the Environmental Protection Agency (EPA) withdrew its referral of the case to the justice department to “end the use of ‘environmental justice’ as a tool for advancing ideological priorities.”

Originally filed in February 2023, the EPA's lawsuit had cited rarely invoked emergency powers under the 'clean air act' to threaten closure of the Denka CR facility.

The move enabled the agency to seek immediate restraints on pollution sources presenting “an imminent and substantial endangerment” to public health or the environment.

However, according to the justice department's statement, the complaint “alleged a marginally increased risk of harm after prolonged exposure.”

Moreover, it added, the complaint did not allege that emissions from Denka’s LaPlace plant violated any regulatory air quality standard.

“The prior administration framed the case as part of its 'ongoing effort to advance environmental justice in overburdened communities,’” the justice department added.

The statement went on to claim that the EPA lawsuit was a “clear example of racial preferencing” as it relied on the percentage of ‘people of colour’ in the area.

The dismissal, it added, shows the new US government’s commitment to enforcing environmental laws “consistently, fairly and without regard to race.”

Denka’s LaPlace facility produces neoprene-branded CR, used in various applications including automotive and medical industries.

Following a 2017 settlement with the state of Louisiana, Denka has invested over $35 million to cut chloroprene emissions from the4 site by 85%.