DOJ Sues Louisiana Chemicals Plant Over Emissions With High Cancer Risks

Denka—a three way partnership between Japanese chemical big Denka Co. Ltd. and

Mitsui

& Co.—agreed to buy the neoprene plant from supplies firm

DuPont Inc.

in 2015.

Louisiana is among the most closely industrialized states within the nation, in keeping with the EPA. The company famous in a 2022 letter that the state’s industrial hall—which it mentioned is usually known as “Most cancers Alley” due to the elevated most cancers dangers amongst communities there—is an 85-mile stretch of land alongside the Mississippi River between Baton Rouge and New Orleans.

“We allege that Denka’s emissions have led to unsafe concentrations of carcinogenic chloroprene close to houses and faculties in St. John the Baptist Parish, Louisiana,” mentioned Affiliate Legal professional Common Vanita Gupta on Tuesday.

Denka disputed the DOJ’s determination and mentioned the authorized motion was based mostly on a defective research. “Denka Efficiency Elastomer (DPE) strongly disagrees with the U.S. Environmental Safety Company’s current determination,” the corporate mentioned.

“DPE is in compliance with its air permits and relevant regulation. The EPA is taking an unprecedented step—deviating from its allowing and rule-making authorities—to allege an “emergency” based mostly on outdated and misguided science the company launched over 12 years in the past,” it added.

Denka’s facility produces neoprene, a versatile and artificial rubber generally utilized in a spread of business and shopper items, together with wetsuits, orthopedic braces and auto elements, in keeping with the grievance. Chloroprene is emitted through the manufacturing course of, the swimsuit mentioned.

The EPA in 2010 labeled chloroprene as a possible human carcinogen.

“The corporate has not moved far sufficient or quick sufficient to cut back emissions or guarantee the security of the encompassing group,” mentioned EPA Administrator

Michael S. Regan

Tuesday.

The DOJ filed the lawsuit on behalf of the Environmental Safety Company and in coordination with the U.S. legal professional’s workplace for the Jap District of Louisiana.

The grievance mentioned the plant’s operations current “an imminent and substantial endangerment to public well being and welfare as a result of most cancers dangers from Denka’s chloroprene emissions.”

The corporate lowered chloroprene emissions after the Louisiana Division of Environmental High quality issued an order in 2017, however the grievance mentioned ranges of the chemical are nonetheless too excessive.

Residents of the neighborhoods across the Denka plant are uncovered to “lifetime most cancers dangers which are multiples increased than what is often thought of acceptable by a number of United States regulatory companies charged with defending human well being,” in keeping with the lawsuit. The residents within the neighborhoods are disproportionately Black in contrast with each the state inhabitants and that of St. John the Baptist Parish, mentioned an EPA official for civil rights within the 2022 letter to Louisiana officers. Practically 60% of the parish’s residents are Black individuals, in keeping with census estimates.

The DOJ grievance additionally named DuPont Specialty Merchandise U.S.A. LLC, a unit of DuPont, which owns the land beneath the power and is Denka’s landlord. The DOJ mentioned DuPont is a “crucial get together” to make sure there aren’t any delays within the discount of emissions. A DuPont spokesman mentioned the corporate is reviewing the submitting however doesn’t touch upon pending litigation.

Write to Talal Ansari at talal.ansari@wsj.com