Denka Performance Elastomer Appeals Court Ruling on Air Toxics Regulations, Citing Recent Supreme Court Decision.

A Louisiana chemical company, Denka Performance Elastomer, is urging the U.S. Court of Appeals for the District of Columbia Circuit to reconsider its denial of a request by the company to stay the 90-day compliance cutoff for updated air toxics regulations. The company’s lawyers cite a recent Supreme Court decision as the reason for their plea, citing the 5-4 ruling that blocked EPA from implementing a “good neighbor” plan aimed at limiting smog-forming pollution from industries in 23 states as a basis. The majority opinion in Ohio v. EPA, Justice Neil Gorsuch, stated that EPA failed to address concerns about the plan’s viability after other appellate court rulings had already blocked the added obligations in 12 of the 23 states. Denka’s attorneys argue that EPA has violated administrative law by treating DPE differently than other similarly situated parties.