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For communities near chemical plants, EPA's new air pollution rule spells relief
The Fifth Ward Elementary School and residential neighborhoods sit near the Denka Performance Elastomer Plant (back of photo) in Reserve, Louisiana. Less than a half mile away from the elementary school the plant makes synthetic rubber, emitting chloroprene which the EPA’s new rule targets.
Gerald Herbert/AP
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Gerald Herbert/AP

The Fifth Ward Elementary School and residential neighborhoods sit near the Denka Performance Elastomer Plant (back of photo) in Reserve, Louisiana. Less than a half mile away from the elementary school the plant makes synthetic rubber, emitting chloroprene which the EPA’s new rule targets.
Gerald Herbert/AP
The Environmental Protection Agency announced a major rule on Tuesday to reduce toxic air pollution coming from more than 200 chemical plants across the U.S. The move comes as part of the Biden administration’s pledge to better protect communities overburdened by pollution. The new standards for petrochemical plants, once implemented, will cut enough cancer-causing emissions to reduce cancer risk by 96% for people living near these industries, according to the EPA.
“This is a game changer any way you look at it,” said EPA Administrator Michael Regan at a press event Tuesday. “This is a game changer for the health. It’s a game changer for the prosperity. It’s a game changer for children in these communities nationwide.”
Environmental Protection Agency Director Michael Regan smiles at Louisiana environmental justice advocates before announcing plans for new regulations on the chemical manufacturing industry during a visit to LaPlace, Louisiana last year.
Halle Parker/WWNO
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Environmental Protection Agency Director Michael Regan smiles at Louisiana environmental justice advocates before announcing plans for new regulations on the chemical manufacturing industry during a visit to LaPlace, Louisiana last year.
Halle Parker/WWNO
The new rule affects dozens of chemicals, and it’s the first time the national emissions standards for hazardous organic pollutants have been amended in 30 years.
Ethylene oxide and chloroprene are the two main pollutants targeted by the rule. They’re mostly produced by chemical plants disproportionately located near minority communities in Texas and Louisiana. Even in small amounts, exposure to both chemicals can damage human DNA and cause mutations that can lead to illnesses later in life. Children are especially susceptible.
The EPA will require industries to find the source of pollution for these chemicals and make repairs if annual air concentrations of pollutants exceed standards. The plants will also be required to add fence-line monitoring near communities and share the data publicly.
The strict standards come more than two years after Regan visited communities as part of his Journey for Justice tour. He visited communities throughout the Gulf Coast including Texas and Louisiana.
Regan visited St. John the Baptist Parish during his tour. It’s in the heart of Louisiana’s Cancer Alley — the nickname for the state’s 85-mile industrial corridor located along the Mississippi River — and home to the country’s only chloroprene producer, Denka Performance Elastomer. That chemical is used to make neoprene, a synthetic rubber used in things like beer koozies and wetsuits.
The Denka plant is located next to a predominantly Black elementary school where hundreds of students attend. Robert Taylor, who also lives near the plant, has pushed to close it for nearly a decade.
“We couldn’t believe the statement that they were being exposed at over 400 times what EPA has set as a safe level of exposure at that time,” Taylor said.
Robert Taylor lives about a half-mile from Denka Performance Elastomer, a plant affected by the EPA’s new rule, in Reserve, Louisiana.
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Robert Taylor lives about a half-mile from Denka Performance Elastomer, a plant affected by the EPA’s new rule, in Reserve, Louisiana.
Halle Parker/WWNO
The EPA’s new rule, he said, is the first time serious action has been taken to lower his community’s risk. Since Regan’s tour, the EPA has also sued Denka, alleging the plant’s emissions present an “imminent and substantial endangerment” to the health of Taylor’s community. The case has yet to go to trial.
Other community activists also applauded the EPA’s decision to put stricter standards in place for toxic pollutants. Sharon Lavigne founded the Louisiana-based environmental group Rise St. James in the neighboring parish. Like Taylor, Lavigne said concerns about pollution encroaching on Black communities have gone largely unanswered by public officials at all levels before Regan.
“In St. James Parish, there is a 10-mile radius where a dozen petrochemical facilities operate near the homes of Black residents,” Lavigne said. “This is environmental racism.”
She said the new monitoring will be key for her community — something they’ve requested for years.
“When the action levels are exceeded, we want immediate notification in our community as well as the opportunity for us to have input on the steps taken to ensure compliance and reduce air pollution,” Lavigne said.
According to an analysis by the Environmental Defense Fund, more than 80% of the industrial plants affected by the new rule were non-compliant with existing laws at some point in the last three years.
The rule also comes as the EPA’s legal authority to pursue environmental civil rights violations is threatened by a lawsuit launched by now-Louisiana Gov. Jeff Landry after the agency launched a now-defunct investigation into the Cancer Alley.
Ethylene oxide producers will have two years to comply with the new rule which includes extensive upgrades to equipment to avoid emissions, like fixing vents and installing new technology to capture and destroy the pollution before it escapes.
Denka, on the other hand, will have 90 days to comply, with an opportunity for an extension. Jason Hutt, a law partner at Bracewell, represents Denka. He said the company – along with other chemical manufacturers – plans to challenge the EPA’s rule.
“It would be really nice if we could get back to the science and not the politics of the situation,” Hutt said, “because there’s a lot of people’s livelihoods and jobs that are at stake in this outcome.”
The Denka Performance Elastomer plant sits near farmland in Reserve, Louisiana. It is one of about 200 plants that will be affected by the EPA’s new stricter standards on pollution.
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The Denka Performance Elastomer plant sits near farmland in Reserve, Louisiana. It is one of about 200 plants that will be affected by the EPA’s new stricter standards on pollution.
Halle Parker/WWNO
The EPA’s rule, Hutt said, would shutter the Denka plant because the company won’t be able to comply with the standards fast enough. That translates, he said, to more than 100 local jobs lost, as well as tax revenue. Denka has also been in a long battle with the EPA, disputing the health impact of chloroprene, arguing the agency is regulating based on “faulty science.”
Meanwhile, environmental groups, community activists, and long-time environmental justice leaders are celebrating what they consider a historic move to right past environmental injustices.
“(Regan’s) shown a way forward for changing Cancer Alley. Administrator Michael Regan embodies the phrase, ‘promises made, promises kept,’” said Deep South Center for Environmental Justice founder Beverly Wright, who also spoke during Tuesday’s EPA announcement.
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“It’s blood money”: Family of exonerated man in Texas yogurt shop murders speaks out after settlement
The widow and the daughter of Maurice Pierce, one of the four men wrongfully accused in the 1991 Texas yogurt shop murders, have confirmed they signed a multimillion-dollar settlement with the city of Austin.
Kimberli and Marisa Pierce spoke with correspondent Erin Moriarty in a new episode of the podcast “48 Hours: Case by Case.” Moriarty has reported on the yogurt shop murders for over 30 years.
Maurice Pierce’s widow Kimberli made clear that their priority has never been financial compensation. “It’s blood money for us. He died for this money,” Kimberli Pierce said. “It’s about the reform and the changes that need to happen, not only in Austin, but apparently across the country.”
They also went into great detail about what they believe happened when Maurice Pierce was shot and killed by police in 2010.
Maurice Pierce was one of four men, along with Michael Scott, Robert Springsteen and Forrest Welborn, who were wrongfully accused in the murders of four teenage girls in Austin on Dec. 6, 1991. Eliza Thomas, Amy Ayers, and sisters Jennifer and Sarah Harbison were tied up, shot and left inside the yogurt shop as it was set ablaze.
The four men were exonerated in February after investigators linked another man, Robert Eugene Brashers, to the killings. The city of Austin subsequently offered a $35 million settlement. Because Maurice Pierce died in 2010, his share of $10 million will go to Kimberli and Marisa Pierce.
Eight days after the killings, 16-year-old Maurice Pierce was arrested at a mall, carrying a .22, the same caliber handgun connected to the crime. Kimberli Pierce said police told Maurice Pierce that his gun was the murder weapon. He responded by mentioning his friend Forrest Welborn. Maurice Pierce was then wired up and sent to speak with Welborn, but investigators ultimately determined that Welborn and the others knew nothing about the murders, and no charges were filed at that time.
Marisa Pierce has said there was no evidence when her father was questioned, “only a detective and a narrative, a narrative so completely false. It feels evil.”
Nearly eight years later, in 1999, all four men were arrested after Scott and Springsteen confessed to the murders. They later recanted, saying they had been coerced. Springsteen and Scott were tried and convicted, but later those convictions were overturned on constitutional grounds. A subsequent DNA test excluded all four men. Maurice Pierce was never convicted but spent three years in jail before his release in 2003.
Kimberli Pierce said her husband came home a hardened man. She believes police continued to harass Maurice and their family after his release. In 2010, Maurice Pierce was stopped for a routine traffic stop, fled on foot, and was shot and killed by an Austin police officer who said Pierce had stabbed him with a knife.
Marisa and Kimberli Pierce told “48 Hours” that they intend to review the circumstances surrounding the night of Maurice Pierce’s death. Marisa Pierce revealed in new, emotional detail that she was on the phone with her father at the time. She believes he panicked and was only trying to get away, not to hurt anyone. She described her father’s last breaths: “And in those last moments, he had just said I’m sorry, I don’t think you’re gonna see me again, and I love you.”
“48 Hours” reached out to the Austin Police Department about the Pierces’ allegations of harassment and their questions about Maurice Pierce’s death in 2010. The police department said they had no additional comment.
For the Pierce family, the settlement is a starting point, not an end point. They have put forward seven proposed reforms they hope the city of Austin will approve, including appointing a child advocate whenever a minor is questioned, prohibiting deceptive interrogation tactics, educating juveniles about their rights and establishing accountability measures to address tunnel vision in police investigations.
In a statement shared with “48 Hours,” the Pierces wrote: “Real justice is not only about acknowledging harm after the fact but about creating safeguards that prevent future families from enduring the same pain.”
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The Maine Town That Actually Wants a Data Center
This year, Maine nearly became the first state to pass a statewide moratorium on new data centers. But before the law could take effect, supporters of an A.I. data center project in the small town of Jay rallied to fight the ban — and won. So why do residents there want one? We traveled to Jay to find out.
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The Supreme Court says the U.S. can turn away asylum seekers at the border
The U.S. Supreme Court
Drew Angerer/AFP via Getty Images
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Drew Angerer/AFP via Getty Images
The U.S. Supreme Court on Thursday handed the Trump administration a tool that could make it far more difficult for asylum seekers to enter the United States.
Asylum is a form of legal protection available to people fleeing persecution in their home countries if they meet certain criteria. Under U.S. law, an asylum seeker who “arrives in” the U.S. is entitled to apply for asylum and generally cannot be removed from the country until their asylum application is processed.
By a 6-3 vote, the high court ruled that federal law allows the government to stop asylum seekers from physically setting foot in the country, effectively keeping them from applying for asylum.
The Obama administration was the first to try stemming the flow of asylum seekers that way. But the lower courts blocked the policy on grounds that it violated federal law by denying asylum to people who otherwise would have qualified for it, had they been permitted to literally put one foot over the border.
The Trump administration, however, sought to revive the policy, contending that the lower court’s ruling “deprives the Executive Branch of a critical tool for addressing border surges and preventing overcrowding at ports of entry.” And on Thursday, the Supreme Court agreed.
Writing for the majority, Justice Samuel Alito ruled that because asylum seekers are not in the U.S. when they are turned away at the border, they did not “arrive in” the country. Therefore, he continued, the legal protections for asylum seekers have not kicked in.
Writing for the liberal dissenters, Justice Sonia Sotomayor noted that Border Patrol agents speak with all immigrants at legal entry points and speaking with an agent is effectively the first step in “arriving in” the U.S.
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