EPA Administrator Michael Regan, left, arrives at the Fifth Ward Elementary School, which is near the Denka plant, with Robert Taylor, second left, founder of Concerned Citizens of St. John’s Parish, and Lydia Gerard, third left, a member of the …Now an ambitious regulation at the heart of the president’s plan to use environmental rules to go after businesses accused of making poor communities unhealthy is about to be thrust under a legal microscope.
Whether it’s with Denka or the industry writ-large, one thing is certain: A legal battle is on the horizon for the EPA. Denka is prepared to resume its fight against EPA. If it’s rendered moot by industry-wide rules and dropped by the EPA, it’s also prepared to sue the agency over its new regulations.
The Denka plant, located in the “Cancer Ally” industrial strip that borders the Mississippi River between Baton Rouge and New Orleans, is the only neoprene-producing facility in the country.But EPA’s case against Denka has been marred in recent months by troubling allegations that could undermine its chemical plant emissions policies, including that agency officials fabricated documents before the lawsuit to justify forcing Denka and other manufacturers to further limit emissions.
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