Court Blocks EPA From Fast-Tracking Enforcement of Emissions Rules

Hold onto your hard hats, folks! The Biden administration’s environmental crusade just hit a speed bump in the heart of Cancer Alley. While the EPA’s been revving up its regulatory engine, the 5th U.S. Circuit Court of Appeals just threw a wrench in the works. It’s a classic clash of jobs versus environment, with a dash of states’ rights thrown in for good measure. So, buckle up as we dive into this regulatory rollercoaster that’s got everyone from chemical plant workers to environmental activists on the edge of their seats.

The Showdown: EPA vs. Denka

The 5th U.S. Circuit Court of Appeals has blocked the EPA’s fast-tracked regulations on Denka Performance Elastomer (DPE), granting a stay on the 90-day compliance deadline for chloroprene emission rules. This ruling throws a curveball at the EPA’s aggressive push to reduce cancer risks in the infamous “Cancer Alley” of Louisiana. Meanwhile, Louisiana regulators have given DPE until mid-2026 to meet new emissions limits, a timeline that the 5th Circuit seems to endorse.

Court sides against EPA, extends emissions deadline for facility in Louisiana’s "Cancer Alley" https://t.co/Ogmvxs5L89

— The Hill (@thehill) August 3, 2024

Jobs on the Line

Denka isn’t just blowing smoke when it comes to the potential impact of these regulations. The company argues that meeting the October deadline could force a permanent shutdown, putting 250 jobs at risk and jeopardizing compliance funding.

This isn’t just any old chemical plant, either. Denka’s facility in LaPlace, Louisiana, is the sole domestic producer of neoprene. That’s right, readers – we’re talking about American manufacturing and energy independence here.

EPA’s Cancer-Fighting Mission

However, let’s not forget why the EPA is pushing so hard. Their new rule aims to reduce cancer risks in nearby communities by a whopping 96% and eliminate over 6,200 tons of toxic air pollution annually. Activists have long protested against Denka, arguing the pollution from the plant is detrimental to the air, the soil, and people’s health. For many, Denka being ordered to comply with the new regulations was a massive win.

“Among its many benefits, we expect this final rule to reduce the number of people with elevated cancer risk by 96% in communities near plants that emit ethylene oxide and chloroprene,” the EPA said i n a statement.

The plant is located in St. John the Baptist Parish, known as “Cancer Alley” due to industrial pollution. It’s a region that’s been under the microscope, with EPA Administrator Michael Regan even making it a stop on his “Journey to Justice” tour in late 2021.

States’ Rights vs. Federal Power

Here’s where it gets interesting, folks. The court hasn’t yet resolved if the Louisiana Department of Environmental Quality (LDEQ) can supersede EPA’s authority in granting the extension. It’s a classic case of states’ rights versus federal power.

Aurelia Giacometto, LDEQ Secretary, said, “DEQ sits squarely in the middle of environment and business.”

This ruling by the 5th Circuit also circumvents earlier decisions by the D.C. Circuit that no stay was warranted. It’s a legal tug-of-war that’s far from over, with implications that could ripple across the entire industrial sector.