Rep. Carter Calls out Musk-Trump Administration for Dropping Lawsuit Against Major Louisiana Polluter and Abandoning EPA’s Mission to Protect Americans

WASHINGTON, D.C. – This week, Congressman Troy A. Carter, Sr. (D-LA) led a coalition of Members of Congress in a letter to U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin and U.S. Department of Justice (DOJ) Attorney General Pam Bondi. They expressed concern over the federal government's decision to dismiss the EPA lawsuit against Denka Performance Elastomer LLC (Denka) related to its neoprene manufacturing facility in Louisiana that emits chloroprene, a likely human carcinogen. The decision represents a significant setback in the ongoing fight for environmental justice for historically disadvantaged communities, who bear the disproportionate burden of industrial pollution.

“Dropping the lawsuit against Denka is a devastating blow to residents in my district that have suffered from decades of industrial pollution from bad actors like Denka who have knowingly poisoned our communities,” said Rep. Carter. “The EPA’s own data confirms the dangers of chloroprene exposure, yet this action signals a retreat from the Musk-Trump Administration’s responsibility to protect public health. Louisianians deserve real accountability, not regulatory abandonment. I urge the EPA and the Department of Justice to reverse course and stand with the families whose health is on the line. Environmental justice is not optional."

“The dismissal of this lawsuit is a grave injustice to the people of St. John the Baptist Parish and beyond,” said Rep. Fields. “Families deserve clean air and a safe place to live. That’s all there is to it. Not to be ignored while big corporations get a free pass. Denka has put people’s health at risk for far too long and dropping this lawsuit sends the wrong message.”

Considering the EPA’s own well-documented evidence of potential harm from chloroprene, the decision to abandon legal action against Denka is alarming and signals a troubling disregard for the health and well-being of vulnerable communities for the remainder of the Musk-Trump administration.

“The health of Americans should not be sacrificed in favor of corporate interests. Our constituents, and particularly impacted fenceline communities, deserve more than inaction and regulatory rollbacks—they deserve meaningful protection and accountability. We urge both the EPA and the Department of Justice to reconsider this decision and to take decisive steps to reduce pollution exposure for the people who need it most,” the Members wrote.

This letter was signed by 24 additional Members of Congress, including Reps. Cleo Fields (D-LA), Nikema Willims (D-GA), Jahana Hayes (D-CT), Rashida Tlaib (D-MI), LaMonica McIver (D-NJ), Eleanor Holmes Norton (D-DC), Teresa Leger Fernández (D-NM), Betty McCollum (D-MN), Henry C. “Hank” Johnson, Jr. (D-GA), Jesús G. "Chuy" García (D-IL), Timothy M. Kennedy (D-NY), Delia C. Ramirez (D-IL), Bennie G. Thompson (D-MS), Adam Smith (D-WA), Nanette Diaz Barragán (D-CA), Steve Cohen (D-TN), Jill Tokuda (D-HI), Yvette D. Clarke (D-NY), Valerie P. Foushee (D-NC), Maxine Waters (D-CA), Paul D. Tonko (D-NY), Sydney Kamlager-Dove (D-IL), Jared Huffman (D-CA), and Pramila Jayapal (D-WA).

Read the full letter here.

Background

Chloroprene was identified by the EPA’s Integrated Risk Information System (IRIS) in 2010 as a likely human carcinogen. The IRIS assessment provided a unit risk estimate (URE), establishing the upper-bound excess lifetime cancer risk associated with continuous exposure to chloroprene at a concentration of 1 microgram per cubic meter (μg/m3) in air. This URE was used in the 2011 National Air Toxics Assessment (NATA), reinforcing the serious risks posed by chloroprene emissions to nearby residents. EPA determined that chloroprene levels in the air near the Denka facility far exceed what is considered safe—many times higher than the EPA’s recommended safety threshold of 0.2 μg/m³-- raising urgent concerns about the long-term health effects on residents, including increased cancer risks. The elevated chemical emissions are especially concerning since the Denka facility is located near an elementary school.

In February 2023, EPA filed a lawsuit against Denka for violating the Clean Air Act by emitting dangerous levels of chloroprene. The lawsuit was brought under Section 303 of the Clean Air Act, which allows the EPA to take legal action when pollution presents an imminent and substantial endangerment to public health. EPA‘s suit compelled Denka to immediately reduce emissions and protect public health.

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