Biden’s Environmental Justice Faces Major Legal Challenge

President Biden’s primary goal in the climate change program is to address environmental justice issues.

The president’s effort to make corporations pay for damaging low-income neighborhoods hinges on a rule that will now undergo rigorous legal review.

To impose stringent emission limitations under the Clean Air Act, the EPA has taken legal action against Denka Performance Elastomer LLC, a chemical facility in Louisiana. The business maintains that such constraints are impractical.

The EPA has suggested that the lawsuit may not be required anymore. Thus, it has been placed on hold.

To limit the discharge of dangerous chemicals known to cause cancer, the EPA is developing a thorough plan for emissions throughout the industry. These rules will affect more than 200 factories that make synthetic chemicals and materials, including polymers and resins used in commonplace items like hoses, baseball bats, yoga mats, car tires, and smartphone covers.

Opponents of the proposed pollution rules say they are politically motivated, based on outdated data, and might harm companies more than help the public.

Denka, or the industry at large, and the EPA will soon be involved in a court battle.

The final regulations have been sent to the White House Office of Management and Budget for consideration. The final rules are expected to be released by the agency soon after the interagency review is completed.

We expect to make a final decision in the next several days.

In light of its continuing legal battle with Denka, the EPA has decided to remain silent.

In Denka’s view, the EPA is trying to force more chloroprene emission reductions by relying on inaccurate and out-of-date risk evaluations. Denka is concerned that these government efforts might negatively impact facilities and enterprises, which could result in their liquidation.

Only one factory in the US makes neoprene, and that’s Denka’s, located in the industrial zone called “Cancer Ally” on the Mississippi River.

According to the EPA’s plan, residents living in close proximity to these facilities would have a 96% reduced risk of cancer.