Denka Suit Drives Fears Of ‘Very Aggressive’ Use Of CAA Emergency Power

Industry is bracing for “very aggressive” use of EPA’s rarely used Clean Air Act emergency authority to demand pollution cuts, following a series of three recent actions culminating in a novel preliminary injunction request that lawyers say pushes the bounds of the law by targeting releases for which there are no permit limits. At issue is EPA’s recent Clean Air Act section 303 emergency action against Denka Performance Elastomer LLC, which operates a neoprene production facility in St. John the...