Biden admin sues petrochemical giants over deadly chemical pollution in Cancer Alley

The Biden administration on Tuesday sued two corporations behind a petrochemical plant in Louisiana, arguing that the facility poses “unacceptably high cancer risks” to the low-income and predominantly Black residents of nearby communities and demanding significant cuts in toxic pollution.

On behalf of the U.S. Environmental Protection Agency (EPA), the U.S. Department of Justice (DOJ) filed a complaint asserting that carcinogenic chloroprene emissions from Denka Performance Elastomer’s neoprene manufacturing activities at the Pontchartrain Works Site in St. John the Baptist Parish “present an imminent and substantial endangerment to public health and welfare.”

Under Section 303 of the Clean Air Act, the DOJ asked the U.S. District Court for the Eastern District of Louisiana to compel Denka, a Japanese company that purchased the plant from DuPont Specialty Products in 2015, to “immediately reduce its chloroprene emissions to levels that no longer cause or contribute to unacceptably high cancer risks within the communities surrounding the facility.”

The White House’s lawsuit stems from an emergency action petition that Earthjustice and the Lawyers’ Committee for Civil Rights Under Law submitted on behalf of Concerned Citizens of St. John, a local advocacy group.

Earthjustice attorney Deena Tumeh welcomed the Biden administration’s intervention as “a long-awaited answer to the community’s repeated calls for immediate action.”

“EPA is finally treating this health crisis for what it is—an emergency,” said Tumeh. “We hope this complaint will lead to a swift and significant reduction in chloroprene emissions.”

Denka makes neoprene, a synthetic rubber used to produce wetsuits, orthopedic braces, automotive belts, and other common goods, at the plant. Chloroprene, a chemical used to produce neoprene, is emitted into the air at the facility in LaPlace and travels to other towns in the parish, including Reserve and Edgard. Pontchartrain Works Site is the only place in the U.S. where the compound is emitted.

Average chloroprene concentrations in the air near the facility are up to 14 times higher than the levels recommended for a 70-year lifetime of exposure to the chemical, according to monitoring data cited in the complaint. More than 15,000 people live within two-and-a-half miles of the plant. Fifth Ward Elementary School is located a half-mile west and East St. John High School is about a mile-and-a-half north.

“In the aggregate, the thousands of people breathing this air are incurring a significantly higher cancer risk than would be typically allowed, and they are being exposed to a much greater cancer risk from Denka’s air pollution than the majority of United States residents face,” says the complaint. The risk “is especially grave for infants and children under the age of 16.”

Noting that the DOJ’s “environmental justice efforts require ensuring that every community, no matter its demographics, can breathe clean air and drink clean water,” Associate Attorney General Vanita Gupta said in a statement that “our suit aims to stop Denka’s dangerous pollution.”

EPA Administrator Michael Regan reiterated the agency’s commitment to doing so, describing Tuesday’s move as an escalation in an ongoing fight launched after he spent five days visiting heavily polluted Gulf Coast communities in 2021.