A request for immediate relief has been filed by the U.S. Department of Justice against a Louisiana-based neoprene manufacturer for posing an alleged "imminent and substantial endangerment" to surrounding communities.
The DOJ filed the motion for a preliminary injunction on behalf of the Environmental Protection Agency under the Clean Air Act, the agency announced in a March 20 news release. The DOL is asking the court to order Denka Performance Elastomer LLC (Denka) to reduce chloroprene emissions, a pollutant determined to be a likely carcinogen by the EPA, according to the release.
“Today’s motion asks the court to require Denka to take strong action to protect neighboring communities from the urgent dangers caused by its harmful emissions,” Assistant Attorney General Todd Kim said in the news release. “This action shows our determination to address environmental justice concerns of overburdened communities, and to protect children living and studying today near this facility.”
The move comes after the United States filed a complaint Feb. 28 that alleges "an imminent and substantial endangerment to the communities surrounding the facility as a result of Denka’s manufacturing operations," the release reports.
Denka’s facility in St. John the Baptist Parish, La., manufactures neoprene, "a flexible, synthetic rubber used to produce common goods like wetsuits, beverage cozies, laptop sleeves, orthopedic braces, and automotive belts and hoses," the release reports. Chloroprene, a liquid raw material used to make neoprene, is emitted by the facility into the air, the release states.
Children younger than 16 are particularly vulnerable to mutagenic carcinogens like chloroprene, according to the EPA. Denka’s chloroprene emissions reach more than 300 young children who attend the 5th Ward Elementary School, located within approximately 450 feet of Denka’s facility, the release reports.
“Transparent engagement with the community is a top priority because people who live near Denka deserve to understand the purpose of the motion filed today," Region 6 Administrator Dr. Earthea Nance said in the release, "and what EPA hopes to achieve by bringing this Clean Air Act Imminent and Substantial Endangerment case.”
The Clean Air Act section 303 imminent and substantial endangerment lawsuit is pending in the U.S. District Court for the Eastern District of Louisiana, the DOJ reports in the release.
EPA Administrator Michael Regan said the action showed the Biden administration's determination to address environmental justice concerns of overburdened communities and to protect children living and studying near this facility, according to the release.
“All communities deserve to breathe fresh, clean air, it is one of EPA’s top priorities as we work to protect human health and the environment,” Regan said.
