EPA Strikes Agreement to Dismiss Chemical Lawsuit Against Denka

Denka Performance Elastomer LLC and the Environmental Protection Agency agreed to drop a lawsuit brought against the company for chemical emissions in Louisiana’s “Cancer Alley.”

Bracewell LLP confirmed the move in a Friday press release, marking a “long-overdue and appropriate end” to the case.

The lawsuit was brought by the Biden administration and revived a battle over a rare shutdown order that would allow the EPA to halt operations in cases of emergency, such as an excess of dangerous pollution. The suit was part of a broad effort by President Joe Biden to prioritize environmental justice in areas that are overburdened with industrial pollution.

Denka, the US’s only manufacturer of neoprene, a synthetic rubber, also fought the administration on strict chemical rules meant to protect LaPlace, La., residents living in the area surrounding the plant, often called “Cancer Alley” for its high rates of cancer and other illness.

Prior to the agreement, Judge Carl J. Barbier of the US District Court for the Eastern District of Louisiana rejected Denka’s bid to have the case dismissed.

The case is United States v. Denka Performance Elastomer LLC, E.D. La., No. 2:23-cv-00735, 3/7/25.