Case: United States v. Denka Performance Elastomer, LLC

2:23-00735 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Feb. 28, 2023

Closed Date: March 7, 2025

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Case Summary

This case challenges the carcinogenic chloroprene emissions from Denka Performance Elastomer, LLC’s (Denka’s) neoprene manufacturing facility at the Pontchartrain Works Site in St. John the Baptist Parish, Louisiana, as being unacceptably high under EPA regulations. Denka's facility produced neoprene, a synthetic rubber, emitting chloroprene—a chemical classified by the EPA in 2010 as likely carcinogenic to humans. Air monitoring near the facility reportedly detected chloroprene concentrations …

On February 28, 2023, the United States government filed a lawsuit in the U.S. District Court for the Eastern District of Louisiana. Plaintiff sued Denka Performance Elastomer LLC, the owner and operator of a neoprene manufacturing facility, and DuPont Specialty Products, the owner of the land on which the neoprene manufacturing facility was located and leased to Defendant Denka. Plaintiff sued Defendant Denka under Section 303 of the Clean Air Act, 42 U.S.C. § 7603, alleging that Defendant Denka's chloroprene emissions from its neoprene manufacturing facility in LaPlace, Louisiana, posed an imminent and substantial endangerment to public health across communities in St. John the Baptist Parish. Plaintiff sued Defendant DuPont under Fed. R. Civ. P. 19(a) and the All Writs Act, 28 U.S.C. § 1651, as Defendant Denka may need permission or cooperation from Defendant DuPont to take the necessary actions to abate the imminent and substantial endangerment posed by its current chloroprene emissions.

Plaintiff sought injunctive relief requiring that Defendant Denka immediately reduce its chloroprene emissions to levels that no longer cause or contribute to unacceptably high cancer risks within the communities surrounding the facility. Plaintiff also sought an injunctive relief ordering Defendant DuPont to authorize and not impede construction and necessary measures for Defendant Denka to comply with the court’s order.

The case was assigned to Judge Eldon E. Fallon and Magistrate Judge Michael North. The case was later reassigned to Judge Carl J Barbier.

On March 20, 2023, Plaintiff filed a motion for a preliminary injunction, requesting the court to order Defendant Denka to implement significant pollution controls to reduce chloroprene emissions promptly. The motion emphasized the urgency of protecting the health of the local community.

In response, Defendant Denka filed a counterclaim against the Plaintiff. Defendant Denka argued that the Plaintiff’s issuance and application of its 2010 rule, which set the acceptable limits of chloroprene, was “arbitrary, capricious, an abuse of discretion, and not in accordance with the law” in violation of the Administrative Procedure Act (APA), because the rule makers failed to consider and ignored the best available scientific data, as well as new scientific models, despite concerns raised by qualified peer reviewers. Defendants sought declaratory relief and injunctive relief enjoining Plaintiff from using the 2010 rule until it reconsidered the rule in light of the new evidence.

On May 2, 2023, Defendant DuPont filed a motion to dismiss for lack of subject matter jurisdiction and failure to state a claim. Defendant DuPont argued that it was not involved in any of the alleged harmful activity, nor had Plaintiff identified any actual or immediate current harm that would occur if Defendant DuPont were not included as a Party in this action. The court denied this motion.

On May 4, 2023, Plaintiff filed a motion to dismiss Defendant Denka's counterclaims for lack of subject matter jurisdiction. Specifically, Plaintiff argued that Defendant Denka's challenges to the Environmental Protection Agency's (EPA) actions were time-barred and that certain EPA decisions were committed to agency discretion, thus not subject to judicial review. This motion was deemed deficient, and Plaintiff filed this motion again on May 8. It was deemed deficient again. On May 9, Plaintiff filed a third motion to dismiss with the same reasoning as the first. On August 30, 2023, the court granted this motion.

On October 25, 2023, Defendant Denka filed an amended counterclaim. It was deemed deficient, and Defendant Denka refiled on November 3, 2023. This new counterclaim added new additional allegations and facts about how Plaintiff had disregarded substantial scientific evidence that adopting the 2010 standard as a bright-line rule was not necessary to protect human health or the environment. Shortly after, Plaintiff filed a motion to dismiss the amended counterclaim for lack of subject matter jurisdiction.

The following month, Defendant Denka filed a motion for summary judgment on December 29. In its motion, Defendant emphasized that its chloroprene emissions posed a cancer risk of 5-in-10,000 to a person who breathed in these emissions all day, every day for 70 years. Defendant argued that this risk did not amount to an “imminent and substantial endangerment” warranting the chloroprene emission limitations imposed by the 2010 rule.

The same day, Defendant DuPont filed a motion for judgment on the pleadings. The court denied the motion in July 2024, as Defendant offered no new grounds to warrant its dismissal from the case beyond those already denied by the Defendant’s motion to dismiss.

On May 16, 2024, the EPA published a new rule titled “New Source Performance Standards for the Synthetic Organic Chemical Manufacturing Industry and National Emission Standards for Hazardous Air Pollutants for the Synthetic Organic Chemical Manufacturing Industry and Group I & II Polymers and Resins Industry” (89 Fed. Reg. 42932). This rule updated and amended existing standards to control emissions of hazardous air pollutants, including chloroprene emissions, from manufacturing facilities. Specifically, the new rule imposed stricter emission standards on facilities that produce or use chloroprene, requiring the application of advanced control technologies to minimize emissions.

The same day, Defendant Denka filed a petition for review of the new rule in the U.S. Court of Appeals for the District of Columbia Circuit, arguing that this new rule was arbitrary, capricious, an abuse of discretion, and not in accordance with law (docket no. 24-01135).

On May 31, the Parties attended a status conference to discuss how the new rule would affect the ongoing litigation, and Defendant Denka proposed to hold the case in abeyance until October 15, to determine whether the new rule would render the current litigation moot. The Parties filed status reports throughout the summer.

Meanwhile, on June 11, several nonprofits (including the Concerned Citizens of St. John, Rise St. James Louisiana, Louisiana Environmental Action Network, Texas Environmental Justice Advocacy Services, Air Alliance Houston, California Communities Against Toxics, Environmental Defense Fund, Environment Integrity Project, and Sierra Club) filed a motion to intervene in the petition for review of the new EPA rule. This action was granted the following day.

On July 1, 2024, the petition for review was consolidated with another petition for review (docket no. 24-1228). The following week, the court consolidated more cases (24-1249, 24-1250, 24-1251, 24-1252) with 24-1135.

On September 17, 2024, Plaintiff filed a motion to reopen the case. Plaintiff argued that until Defendant Denka complied with the new rule, thousands of Parish residents would continue to be exposed to high levels of chloroprene emissions, exposing them to a higher risk of cancer. Plaintiff further sought a status hearing and to reset the case for trial.

The court granted in part the motion to reopen the case. The Parties attended a status conference on November 21 to discuss the future of the case.

On January 10, 2025 granted the motion to dismiss for lack of jurisdiction and dismissed the counterclaim with prejudice.

On March 7, 2025, Plaintiff filed a motion to voluntarily dismiss the case. The Trump administration stated that this decision aligned with efforts to dismantle "radical Diversity, Equity, and Inclusion (DEI) programs" and ensure unbiased law enforcement (Justice Dept. says ending Louisiana petrochemical case helps ‘dismantle radical DEI programs’). The case was officially dismissed on March 10.

This case is now closed.

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Summary Authors

Madilynn O'Hara (3/30/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66907948/parties/united-states-v-denka-performance-elastomer-llc/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Expert/Monitor/Master/Other

Attorney, Peter Michel (District of Columbia)

Attorney, Brandon N. (District of Columbia)

Attorney, Alexander M. (District of Columbia)

Attorney, Adam M. (District of Columbia)

Attorney, David A. (District of Columbia)

Judge(s)

Barbier, Carl J. (Louisiana)

Attorney for Plaintiff

Cernich, Scott M (Louisiana)

Forsythe, Davis Hoskins (Louisiana)

Frazier, Hannah Lee (Louisiana)

Gange, Heather E. (Louisiana)

Seligman, Jonah M (Louisiana)

Shermer, Steven David (Louisiana)

Smith, Daniel Stephen (Louisiana)

Attorney for Defendant

Bartholomew, Trey (Louisiana)

Burvant, Robert J. (Louisiana)

Collins, Kevin Dow (Louisiana)

Frazier-Santiago, Krystin Mariell (Louisiana)

Holmstead, Jeffrey (Louisiana)

Hutt, Jason B (Louisiana)

Jarrell, Eric Earl (Louisiana)

Luis, Marie Olga (Louisiana)

Percy, James Conner (Louisiana)

Rauschenberger, Henry Steven (Louisiana)

Super, David A. (Louisiana)

Turco, Marisa Del (Louisiana)

Voelkel, Kevin (Louisiana)

Wharton, Camille (Louisiana)

Expert/Monitor/Master/Other

Attorney, Peter Michel (District of Columbia)

Attorney, Brandon N. (District of Columbia)

Attorney, Alexander M. (District of Columbia)

Attorney, Adam M. (District of Columbia)

Attorney, David A. (District of Columbia)

Attorney, Jeffrey R. (District of Columbia)

Attorney, Michael Angelo (District of Columbia)

Cox, Trevor Stephen (District of Columbia)

Esquire, Rosalie Giselle (District of Columbia)

Esquire, Amanda Shafer (District of Columbia)

Esquire, Charles Howland (District of Columbia)

Gonski, Kathryn Zainey (Louisiana)

Holden, Robert E. (District of Columbia)

Johnson, Greg L. (Louisiana)

Liskow, Samantha (District of Columbia)

Patton, Vickie Lynn (District of Columbia)

Riley, Kathleen Lea (District of Columbia)

Steckman, Britt Cass (District of Columbia)

Tumeh, Deena (District of Columbia)

Varcoe, Andrew R. (District of Columbia)

Venn, Brett S. (District of Columbia)

Wessler, Matthew (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 2:23-00735	Complaint United States of America v. Denka Performance Elastomer	Feb. 28, 2023	Feb. 28, 2023 Complaint
9 2:23-00735	United States' Motion for a Preliminary Injunction Against Denka Performance Elastomer United States of America v. Denka Performance Elastomer	March 20, 2023	March 20, 2023 Pleading / Motion / Brief
22 2:23-00735	Answer, Affirmative Defenses, and Counterclaims United States of America v. Denka Performance Elastomer	March 28, 2023	March 28, 2023 Pleading / Motion / Brief
49 2:23-00735	Dupont Specialty Products USA, LLC's Rule 12(b)(1) and 12(b)(6) Motion to Dismiss United States of America v. Denka Performance Elastomer	May 2, 2023	May 2, 2023 Pleading / Motion / Brief
49-1 2:23-00735	Dupont Specialty Products USA, LLC's Memorandum in Support of Motion to Dismiss Pursuant to Federal rules of Civil Procedure 12(b)(1) and 12(b)(6) United States of America v. Denka Performance Elastomer	May 2, 2023	May 2, 2023 Pleading / Motion / Brief
108 2:23-00735	Amended Counterclaim United States of America v. Denka Performance Elastomer	Nov. 3, 2023	Nov. 3, 2023 Pleading / Motion / Brief
111 2:23-00735	Plaintiff's Motion to Dismiss Denka Performance Elastomer, LLC's Amended Counterclaim No.5 for Lack of Subject Matter Jurisdiction United States of America v. Denka Performance Elastomer	Nov. 8, 2023	Nov. 8, 2023 Pleading / Motion / Brief
131 2:23-00735	Denka Performance Elastomer LLC's Motion for Summary Judgment United States of America v. Denka Performance Elastomer	Dec. 29, 2023	Dec. 29, 2023 Pleading / Motion / Brief
132 2:23-00735	Dupont Specialty Products USA, LLC's Rule 12(c) Motion for Judgment on the Pleadings United States of America v. Denka Performance Elastomer	Dec. 29, 2023	Dec. 29, 2023 Pleading / Motion / Brief
131 2:23-00735	Denka Performance Elastomer LLC's Motion for Summary Judgment United States of America v. Denka Performance Elastomer	Dec. 29, 2023	Dec. 29, 2023 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/66907948/united-states-v-denka-performance-elastomer-llc/

Last updated April 20, 2025, 1:56 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Denka Performance Elastomer LLC, DuPont Specialty Products USA, LLC (Filed on behalf of USA - Filing Fee not required) filed by United States of America. (Attachments: # 1 Civil Cover Sheet)Attorney Steven David Shermer added to party United States of America(pty:pla).(Shermer, Steven) (Entered: 02/28/2023) 1 Civil Cover Sheet View on RECAP	Feb. 28, 2023	Feb. 28, 2023 Clearinghouse
	Initial Case Assignment	Feb. 28, 2023	Feb. 28, 2023 PACER
2	Initial Case Assignment to Judge Eldon E. Fallon and Magistrate Judge Michael North. (ess) (Entered: 02/28/2023)	Feb. 28, 2023	Feb. 28, 2023 PACER
3	Notice of Related Case(s) by United States of America of related case(s) 2:23-cv-147. (Shermer, Steven) (Entered: 03/03/2023)	March 3, 2023	March 3, 2023 RECAP
4	CERTIFICATE OF SERVICE by United States of America re 1 Complaint, . (Attachments: # 1 Notice of Lawsuit and Request to Waive Service of Summons, # 2 Requested Waiver of Service of Summons)(Shermer, Steven) (Entered: 03/03/2023)	March 3, 2023	March 3, 2023 PACER
5	CERTIFICATE OF SERVICE by United States of America re 1 Complaint, . (Attachments: # 1 Notice of Lawsuit and Request to Waive Service of Summons, # 2 Requested Waiver of Service of Summons)(Shermer, Steven) (Entered: 03/03/2023)	March 3, 2023	March 3, 2023 PACER
6	ORDER TRANSFERRING CASE. Case transferred to Judge Carl J Barbier. Judge Eldon E. Fallon no longer assigned to case. Signed by Judge Eldon E. Fallon on 3/14/2023. (NEF: Sec L case mgr)(lag) (Entered: 03/15/2023)	March 15, 2023	March 15, 2023 RECAP
7	WAIVER OF SERVICE Returned Executed; waiver sent to Denka Performance Elastomer LLC on 3/3/2023, answer due 5/2/2023. (Attachments: # 1 Executed Waiver of Summons by Denka)(Shermer, Steven) (Entered: 03/16/2023)	March 16, 2023	March 16, 2023 PACER
8	EXPARTE/CONSENT MOTION for Leave to File Excess Pages for Preliminary Injunction Memoranda by United States of America. (Attachments: # 1 Proposed Order)(Shermer, Steven) (Entered: 03/20/2023)	March 20, 2023	March 20, 2023 PACER
9	MOTION for Preliminary Injunction by United States of America. Motion(s) will be submitted on 6/14/2023. (Attachments: # 1 Notice of Submission, # 2 Memorandum in Support, # 3 Exhibit (Ex. A - Proposed Order), # 4 Exhibit (Ex. B - Decl. of James Leathers), # 5 Exhibit (Ex. C - Decl. of Dr. Nyesha Black), # 6 Exhibit (Ex. D - Decl. of Dr. John Vandenberg), # 7 Exhibit (Ex. E - Summary Table of Monitoring Data), # 8 Exhibit (Ex. F - Decl. of Dr. Ila Cote), # 9 Exhibit (Ex. G - Decl. of Jeffrey Harrington), # 10 Exhibit (Ex. H - Decl. of Dr. Helen Suh), # 11 Exhibit (Ex. I - Decl. of Nicholas Bobbs), # 12 Exhibit (Ex. J - Decl. of Jiayang Chen), # 13 Exhibit (Ex. K - Decl. of Richard Wayland), # 14 Exhibit (Ex. L - Excerpts of Memorandum of Ground Lease), # 15 Exhibit (Ex. M - 2017 LDEQ Consent Order))(Shermer, Steven) (Attachment 11 replaced on 4/14/2023) (cg). (Entered: 03/20/2023) 1 Notice of Submission (Civil Only) View on PACER 2 Memorandum in Support View on RECAP 3 Exhibit (Ex. A - Proposed Order) View on RECAP 4 Exhibit (Ex. B - Decl. of James Leathers) View on PACER 5 Exhibit (Ex. C - Decl. of Dr. Nyesha Black) View on RECAP 6 Exhibit (Ex. D - Decl. of Dr. John Vandenberg) View on RECAP 7 Exhibit (Ex. E - Summary Table of Monitoring Data) View on RECAP 8 Exhibit (Ex. F - Decl. of Dr. Ila Cote) View on PACER 9 Exhibit (Ex. G - Decl. of Jeffrey Harrington) View on PACER 10 Exhibit (Ex. H - Decl. of Dr. Helen Suh) View on PACER 11 Exhibit (Ex. I - Decl. of Nicholas Bobbs) View on PACER 12 Exhibit (Ex. J - Decl. of Jiayang Chen) View on PACER 13 Exhibit (Ex. K - Decl. of Richard Wayland) View on PACER 14 Exhibit (Ex. L - Excerpts of Memorandum of Ground Lease) View on PACER 15 Exhibit (Ex. M - 2017 LDEQ Consent Order) View on PACER	March 20, 2023	March 20, 2023 Clearinghouse
10	EXPARTE/CONSENT MOTION to Seal Attachments to 9 MOTION for Preliminary Injunction by United States of America. (Attachments: # 1 Notice of Submission, # 2 Memorandum in Support, # 3 Proposed Order)(Shermer, Steven) Modified submission date on 3/21/2023 (cg). (Entered: 03/20/2023) 1 Notice of Submission (Civil Only) View on PACER 2 Memorandum in Support View on PACER 3 Proposed Order View on PACER	March 20, 2023	March 20, 2023 PACER
11	WAIVER OF SERVICE Returned Executed; waiver sent to DuPont Specialty Products USA, LLC on 3/3/2023, answer due 5/2/2023. (Attachments: # 1 Executed Waiver of Summons by DuPont Specialty Products)(Shermer, Steven) (Entered: 03/20/2023)	March 20, 2023	March 20, 2023 PACER
12	NOTICE ERRATA to Non-confidential motion in support (ECF No. 10-2) by United States of America re 10 EXPARTE/CONSENT MOTION to Seal Attachments to 9 MOTION for Preliminary Injunction. (Smith, Daniel) Modified text on 3/24/2023 (cg). (Entered: 03/22/2023)	March 22, 2023	March 22, 2023 PACER
13	EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Jeffrey R. Holmstead (Filing fee $ 100 receipt number ALAEDC-9861250) by Denka Performance Elastomer LLC. (Attachments: # 1 Proposed Order Proposed Order, # 2 Exhibit Certificate of Good Standing, # 3 Exhibit Declaration, # 4 Exhibit Consent to Efile)Attorney Robert E. Holden added to party Denka Performance Elastomer LLC(pty:dft).(Holden, Robert) (Entered: 03/23/2023)	March 23, 2023	March 23, 2023 PACER
14	EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Jason B. Hutt (Filing fee $ 100 receipt number ALAEDC-9861287) by Denka Performance Elastomer LLC. (Attachments: # 1 Proposed Order, # 2 Exhibit Certificate of Good Standing, # 3 Exhibit Declaration, # 4 Exhibit Consent to Efile)(Holden, Robert) (Entered: 03/23/2023)	March 23, 2023	March 23, 2023 PACER
15	EXPARTE/CONSENT MOTION to Appear Pro Hac Vice David A. Super (Filing fee $ 100 receipt number ALAEDC-9861296) by Denka Performance Elastomer LLC. (Attachments: # 1 Proposed Order, # 2 Exhibit Certificate of Good Standing, # 3 Exhibit Declaration, # 4 Exhibit Consent to Efile)(Holden, Robert) (Entered: 03/23/2023)	March 23, 2023	March 23, 2023 PACER
16	EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Kevin M. Voelkel (Filing fee $ 100 receipt number ALAEDC-9861308) by Denka Performance Elastomer LLC. (Attachments: # 1 Proposed Order, # 2 Exhibit Certificate of Good Standing, # 3 Exhibit Declaration, # 4 Exhibit Consent to Efile)(Holden, Robert) (Entered: 03/23/2023)	March 23, 2023	March 23, 2023 PACER
17	ORDER granting 13 Motion to Appear Pro Hac Vice as to Jeffrey Holmstead. Signed by Judge Carl J Barbier on 3/27/23. (cg) (Entered: 03/27/2023)	March 27, 2023	March 27, 2023 PACER
18	ORDER granting 14 Motion to Appear Pro Hac Vice as to Jason B Hutt. Signed by Judge Carl J Barbier on 3/27/23. (cg) (Entered: 03/27/2023)	March 27, 2023	March 27, 2023 PACER
19	ORDER granting 15 Motion to Appear Pro Hac Vice as to David A. Super. Signed by Judge Carl J Barbier on 3/27/23. (cg) (Entered: 03/27/2023)	March 27, 2023	March 27, 2023 PACER
20	ORDER granting 16 Motion to Appear Pro Hac Vice as to Kevin Voelkel. Signed by Judge Carl J Barbier on 3/27/23. (cg) (Entered: 03/27/2023)	March 27, 2023	March 27, 2023 PACER
21	ORDER - Before the Court is a Motion to Seal (Rec. Doc. 10 ) filed by the United States of America. The motion seeks to file under seal attachments 1 and 2 of the Declaration of Nicholas Bobbs, which was filed by the United States in support of its Motion for Preliminary Injunction. IT IS HEREBY ORDERED that the Motion to Seal (Rec. Doc. 10) is SET FOR SUBMISSION on April 19, 2023. Defendants may file their memorandum in accordance with the above instructions by April 11, 2023. Plaintiff may reply to Defendant's memorandum by April 19, 2023. Signed by Judge Carl J Barbier on 3/27/23.(cg) (Entered: 03/27/2023)	March 27, 2023	March 27, 2023 PACER
22	ANSWER to 1 Complaint, COUNTERCLAIM against United States of America by Denka Performance Elastomer LLC.(Holden, Robert) (Entered: 03/28/2023)	March 28, 2023	March 28, 2023 Clearinghouse
23	DEFICIENT MOTION for Order Governing Proceedings Relating to Plaintiff's Motion for Preliminary Injunction (R. Doc. 9 ) by Denka Performance Elastomer LLC. Motion(s) will be submitted on 4/19/2023. (Attachments: # 1 Notice of Submission, # 2 Notice of Submission Request for Oral Argument, # 3 Proposed Order, # 4 Memorandum in Support, # 5 Exhibit A - Interrogatories, # 6 Exhibit B - Request for Production, # 7 Exhibit C - Request for Admission)(Holden, Robert) Modified on 3/29/2023 (cg). Modified on 3/29/2023 (cg). (Entered: 03/28/2023) 1 Notice of Submission (Civil Only) View on PACER 2 Notice of Submission (Civil Only) Request for Oral Argument View on PACER 3 Proposed Order View on PACER 4 Memorandum in Support View on PACER 5 Exhibit A - Interrogatories View on PACER 6 Exhibit B - Request for Production View on PACER 7 Exhibit C - Request for Admission View on PACER	March 28, 2023	March 28, 2023 PACER
24	DEFICIENT EXPARTE/CONSENT Ex Parte MOTION to Expedite Consideration of Motion to Govern and Expedite Preliminary Injunction Discovery by Denka Performance Elastomer LLC. (Attachments: # 1 Proposed Order)(Holden, Robert) Modified on 3/29/2023 (cg). (Entered: 03/28/2023)	March 28, 2023	March 28, 2023 PACER
25	MOTION to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule by Denka Performance Elastomer LLC. Motion(s) will be submitted on 4/19/2023. (Attachments: # 1 Notice of Submission, # 2 Proposed Order, # 3 Memorandum in Support)(Holden, Robert) (Entered: 03/30/2023)	March 30, 2023	March 30, 2023 PACER
26	Request/Statement of Oral Argument by Denka Performance Elastomer LLC regarding 25 MOTION to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule (Holden, Robert) (Entered: 03/30/2023)	March 30, 2023	March 30, 2023 PACER
27	EXPARTE/CONSENT MOTION to Expedite Consideration of Motion to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule, and Incorporated Memorandum in Support by Denka Performance Elastomer LLC. (Attachments: # 1 Proposed Order)(Holden, Robert) (Entered: 03/30/2023)	March 30, 2023	March 30, 2023 PACER
28	MOTION to Expedite Discovery by Denka Performance Elastomer LLC. Motion(s) referred to Michael North. Motion(s) will be submitted on 4/26/2023. (Attachments: # 1 Notice of Submission, # 2 Proposed Order, # 3 Memorandum in Support, # 4 Exhibit A - Proposed Interrogatories, # 5 Exhibit B - Proposed Requests for Production, # 6 Exhibit C - Proposed Requests for Admission)(Holden, Robert) (Entered: 03/30/2023)	March 30, 2023	March 30, 2023 PACER
29	EXPARTE/CONSENT MOTION to Expedite Consideration of Motion for Expedited Discovery, and Incorporated Memorandum in Support by Denka Performance Elastomer LLC. Motion(s) referred to Michael North. (Attachments: # 1 Proposed Order)(Holden, Robert) (Entered: 03/30/2023)	March 30, 2023	March 30, 2023 PACER
30	Request/Statement of Oral Argument by Denka Performance Elastomer LLC regarding 28 MOTION to Expedite Discovery (Holden, Robert) (Entered: 03/30/2023)	March 30, 2023	March 30, 2023 PACER
31	ORDER regarding 27 Motion to Expedite. IT IS HEREBY ORDERED that the Motion to Expedite (Rec. Doc. 27 ) is DENIED. The motion to continue (Rec. Doc. 25 ) remains set for submission on April 19, 2023, and the United States may respond by April 11, 2023. IT IS FURTHER ORDERED that the request for Oral Argument on the motion to continue is DENIED. The Court will notify the parties if Oral Argument is necessary. Signed by Judge Carl J Barbier on 3/31/23. (cg) (Entered: 03/31/2023)	March 31, 2023	March 31, 2023 RECAP
32	ORDER granting 29 Motion to Expedite. Denka Performance Elastomer, L.L.C.'s Motion for Expedited Discovery (rec. doc. 28) is SET FOR SUBMISSION ON THE BRIEFS on Wednesday, April 19, 2026. The United States of America shall file any opposition no later than Tuesday, April 11, 2023. IT IS FURTHER ORDERED that the request for oral argument on the Motion for Expedited Discovery is DENIED. The Court will notify the parties if oral argument is necessary. Signed by Magistrate Judge Michael North on 4/3/23. (cg) (Entered: 04/03/2023)	April 3, 2023	April 3, 2023 RECAP
33	EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Daniel S. Smith by United States of America. (Attachments: # 1 Proposed Order)(Shermer, Steven) (Entered: 04/04/2023)	April 4, 2023	April 4, 2023 PACER
34	ORDER granting 33 Motion to Enroll Daniel Stephen Smith as Counsel of Record for United States of America. Signed by Judge Carl J Barbier. (gec) (Entered: 04/04/2023)	April 4, 2023	April 4, 2023 PACER
35	RESPONSE to Motion filed by Denka Performance Elastomer LLC re 10 EXPARTE/CONSENT MOTION to Seal Attachments to 9 MOTION for Preliminary Injunction. (Holden, Robert) M (Entered: 04/11/2023)	April 11, 2023	April 11, 2023 PACER
36	RESPONSE/MEMORANDUM in Opposition filed by United States of America re 25 MOTION to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule. (Attachments: # 1 Proposed Order)(Shermer, Steven) (Entered: 04/11/2023)	April 11, 2023	April 11, 2023 PACER
37	RESPONSE/MEMORANDUM in Opposition filed by United States of America re 28 MOTION to Expedite Discovery . (Attachments: # 1 Exhibit Declaration of Ryan Landrum, # 2 Exhibit Stipulations)(Shermer, Steven) (Entered: 04/11/2023)	April 11, 2023	April 11, 2023 PACER
38	EXPARTE/CONSENT MOTION to Substitute Exhibit Filed Under Seal by United States of America. (Attachments: # 1 Proposed Order, # 2 Exhibit (substitution for ECF No. 9-11))(Smith, Daniel) (Entered: 04/13/2023)	April 13, 2023	April 13, 2023 PACER
39	ORDER granting 8 Motion for Leave to File Excess Pages. The United States may file a Memorandum in Support of its Motion for a Preliminary Injunction that is no more than 35 pages; Denka may file a Memorandum in Opposition to the United States' Motion for a Preliminary Injunction that is no more than 40 pages; and the United States may file a Reply that is no more than 25 pages. Signed by Judge Carl J Barbier on 4/14/23. (cg) (Entered: 04/14/2023)	April 14, 2023	April 14, 2023 PACER
40	ORDER REGARDING THE UNITED STATES' MOTION TO SEAL Having considered the United States' Motion to Seal (ECF No. 10 ) and the United States' Ex Parte/Consent Motion to Substitute Exhibit Filed Under Seal, and for good cause shown, IT IS ORDERED: 1.The United States' Motion to Seal (ECF No. 10 ) is hereby DENIED as MOOT. 2.The Clerk is hereby ORDERED to return to the United States the documents that the United States filed under seal in connection with its Motion to Seal (ECF No. 10). 3.The Clerk is further ORDERED to substitute the Declaration of Nicholas Bobbs filed on the docket in this matter as ECF No. 9-11 with the updated version of the same document, filed by United States as an exhibit to the United States' and DPE's Joint Motion to Substitute Exhibit Filed Under Seal. Signed by Judge Carl J Barbier on 4/14/23. (cg) (Entered: 04/14/2023)	April 14, 2023	April 14, 2023 PACER
41	EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Motion to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule by Denka Performance Elastomer LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Holden, Robert) (Entered: 04/17/2023)	April 17, 2023	April 17, 2023 PACER
42	EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Motion for Expedited Discovery by Denka Performance Elastomer LLC. Motion(s) referred to Michael North. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Holden, Robert) (Entered: 04/17/2023)	April 17, 2023	April 17, 2023 PACER
43	ORDER granting 42 Motion for Leave to File Reply. Signed by Judge Carl J Barbier on 4/17/23. (cg) (Entered: 04/17/2023)	April 17, 2023	April 17, 2023 PACER
44	REPLY to Response to Motion filed by Denka Performance Elastomer LLC re 28 MOTION to Expedite Discovery. (cg) (Entered: 04/17/2023)	April 17, 2023	April 17, 2023 PACER
45	ORDER granting 41 Motion for Leave to File Reply. Signed by Judge Carl J Barbier on 4/17/23. (cg) (Entered: 04/17/2023)	April 17, 2023	April 17, 2023 PACER
46	REPLY to Response to Motion filed by Denka Performance Elastomer LLC re 27 MOTION to Expedite Consideration of Motion to Continue Submission Date for Plaintiff's Motion for Preliminary Injunction and Set Reasonable Briefing Schedule, and Incorporated Memorandum in Support. (cg) (Entered: 04/17/2023)	April 17, 2023	April 17, 2023 PACER
47	ORDER granting in part 28 Motion to Expedite Discovery as stated herein. No later than ten (10) days from this date of this Order, the parties shall meet and confer to more narrowly tailor Defendants' remaining discovery requests to Plaintiff's motion for a preliminary injunction. Plaintiff shall also continue to voluntarily produce information to Defendants, to which it has agreed. (Rec. doc. 37 at 17). With regard to the Requests for Admission, Plaintiff shall respond to them no later than fourteen (14) days from the date of this Order. Said requests are not overly burdensome to Plaintiff. In addition, the Court finds that the depositions of Jeffrey Harrington, Dr. John Vandenburg, Dr. Ila Cote, and Dr. Helen Suh are proportional to any opposition to the motion for preliminary injunction. Defendants may depose these four individuals in accordance with strict compliance to the Federal Rules of Civil Procedure. No later than ten (10) days from the date of this Order, Plaintiff and Defendants shall meet and confer to schedule a mutually-agreeable date and time for these four depositions and to discuss whether Plaintiff need depose any of Defendants' experts. Signed by Magistrate Judge Michael North on 4/24/23. (cg) (Entered: 04/24/2023)	April 24, 2023	April 24, 2023 RECAP
48	ORDERED that 25 MOTION to Continue Submission Date on Motion for Preliminary Injunction is GRANTED. The submission date on the motion for preliminary injunction (Rec. Doc. 9 ) is CONTINUED to August 23, 2023. It is FURTHER ORDERED that the deadline for oppositions to the motion for preliminary injunction is CONTINUED to July 18, 2023. The United States' reply brief deadline is SET for August 17, 2023. Signed by Judge Carl J Barbier.(gec) (Entered: 05/01/2023)	May 1, 2023	May 1, 2023 RECAP
49	MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by DuPont Specialty Products USA, LLC. Motion(s) will be submitted on 5/31/2023. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Notice of Submission)Attorney Eric Earl Jarrell added to party DuPont Specialty Products USA, LLC(pty:dft).(Jarrell, Eric) (Entered: 05/02/2023) 1 Memorandum in Support View on Clearinghouse 2 Exhibit A View on PACER 3 Notice of Submission (Civil Only) View on PACER	May 2, 2023	May 2, 2023 Clearinghouse
50	Correction of Docket Entry by Clerk re 49 MOTION to Dismiss for Failure to State a Claim. Complaint lists Marie O. Luis as counsel for a party in this action. Marie O. Luis has not been admitted to practice in this court. Any party not appearing in proper person must be represented by a member of the bar of this court (L.R. 83.2.4). Please see Local Rule 83.2.2 for this courts Procedures for Admission and Local Rule 83.2.5 for Visiting Attorneys to appear and participate Pro Hac Vice. Please remove this attorney until admission or proper pro hac has been filed. (cg) (Entered: 05/03/2023)	May 3, 2023	May 3, 2023 PACER
51	EXPARTE/CONSENT MOTION for Protective Order by United States of America. Motion(s) referred to Michael North. (Attachments: # 1 Exhibit Redline comparison to Magistrate Judge North's Sample Order, # 2 Proposed Order)(Smith, Daniel) (Entered: 05/03/2023) 1 Exhibit Redline comparison to Magistrate Judge North's Sample Order View on PACER 2 Proposed Order View on PACER	May 3, 2023	May 3, 2023 PACER
52	DEFICIENT MOTION to Dismiss for Lack of Jurisdiction by United States of America. Motion(s) will be submitted on 6/28/2023. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A Thayer Declaration, # 3 Exhibit B Rimer Declaration, # 4 Proposed Order, # 5 Notice of Submission)Attorney Heather E. Gange added to party United States of America(pty:cd), Attorney Heather E. Gange added to party United States of America(pty:pla).(Gange, Heather) Modified on 5/5/2023 (gec). (Entered: 05/04/2023) 1 Memorandum in Support View on PACER 2 Exhibit A Thayer Declaration View on PACER 3 Exhibit B Rimer Declaration View on PACER 4 Proposed Order View on PACER 5 Notice of Submission (Civil Only) View on PACER	May 4, 2023	May 4, 2023 PACER
53	PROTECTIVE ORDER. Signed by Magistrate Judge Michael North on 5/5/23.(cg) (Entered: 05/05/2023)	May 5, 2023	May 5, 2023 RECAP
54	EXPARTE/CONSENT MOTION to Enroll as Counsel of Record (Heather Gange) by United States of America. (Attachments: # 1 Proposed Order)(Shermer, Steven) (Entered: 05/05/2023)	May 5, 2023	May 5, 2023 PACER
55	ORDER granting 54 Motion to Enroll as Counsel of Record for Attorney Heather E. Gange for United States of America. Signed by Judge Carl J Barbier on 05/08/2023. (ko) (Entered: 05/08/2023)	May 8, 2023	May 8, 2023 PACER
56	DEFICIENT MOTION to Dismiss for Lack of Jurisdiction by United States of America. Motion(s) will be submitted on 6/28/2023. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Ex. A - Thayer Declaration, # 3 Exhibit Ex. B Rimer Declaration, # 4 Notice of Submission, # 5 Proposed Order)(Gange, Heather) Modified on 5/9/2023 (gec). (Entered: 05/08/2023) 1 Memorandum in Support View on RECAP 2 Exhibit Ex. A - Thayer Declaration View on PACER 3 Exhibit Ex. B Rimer Declaration View on PACER 4 Notice of Submission (Civil Only) View on PACER 5 Proposed Order View on PACER	May 8, 2023	May 8, 2023 PACER
57	MOTION to Dismiss for Lack of Jurisdiction by United States of America. Motion(s) will be submitted on 6/28/2023. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A Thayer Declaration, # 3 Exhibit B Rimer Declaration, # 4 Notice of Submission, # 5 Proposed Order)(Gange, Heather) (Entered: 05/09/2023) 1 Memorandum in Support View on RECAP 2 Exhibit A Thayer Declaration View on PACER 3 Exhibit B Rimer Declaration View on PACER 4 Notice of Submission (Civil Only) View on PACER 5 Proposed Order View on PACER	May 9, 2023	May 9, 2023 PACER
58	RESPONSE/MEMORANDUM in Opposition filed by United States of America re 49 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . (Attachments: # 1 Exhibit Ex. A - Ground Lease - Filed Under Seal), # 2 Exhibit Ex. B - Westvaco Opinion)(Shermer, Steven) (Entered: 05/22/2023)	May 22, 2023	May 22, 2023 PACER
59	MOTION to Seal Document 58 Response/Memorandum in Opposition to Motion, by United States of America. Motion(s) will be submitted on 6/14/2023. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Frazier, Hannah) (Entered: 05/22/2023)	May 22, 2023	May 22, 2023 PACER
60	EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Dismiss by DuPont Specialty Products USA, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Jarrell, Eric) (Entered: 05/31/2023)	May 31, 2023	May 31, 2023 PACER
61	ORDER granting 60 Motion for Leave to File Reply. Signed by Judge Carl J Barbier. (gec) (Entered: 06/01/2023)	June 1, 2023	June 1, 2023 PACER
62	REPLY to Response to Motion filed by DuPont Specialty Products USA, LLC re 57 MOTION to Dismiss for Lack of Jurisdiction. (gec) (Entered: 06/01/2023)	June 1, 2023	June 1, 2023 PACER
63	EXPARTE/CONSENT MOTION for Discovery Procedure Order by United States of America. Motion(s) referred to Michael North. (Attachments: # 1 Proposed Order)(Smith, Daniel) (Entered: 06/02/2023)	June 2, 2023	June 2, 2023 PACER
64	RESPONSE to Motion filed by DuPont Specialty Products USA, LLC re 59 MOTION to Seal Document 58 Response/Memorandum in Opposition to Motion, . (Jarrell, Eric) (Entered: 06/06/2023)	June 6, 2023	June 6, 2023 PACER
65	ORDER AND STIPULATION REGARDING DISCOVERY PROCEDURE. Signed by Magistrate Judge Michael North on 6/8/23. (cg) (Entered: 06/08/2023)	June 8, 2023	June 8, 2023 PACER
66	RESPONSE/MEMORANDUM in Opposition filed by Denka Performance Elastomer LLC re 57 MOTION to Dismiss for Lack of Jurisdiction. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Holden, Robert) (Entered: 06/20/2023)	June 20, 2023	June 20, 2023 PACER
67	Request/Statement of Oral Argument by Denka Performance Elastomer LLC regarding 57 MOTION to Dismiss for Lack of Jurisdiction. (Holden, Robert) (Entered: 06/20/2023)	June 20, 2023	June 20, 2023 PACER
68	EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Britt Cass Steckman (Filing fee $ 100 receipt number ALAEDC-9991510) by Denka Performance Elastomer LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order)(Holden, Robert) (Entered: 06/20/2023)	June 20, 2023	June 20, 2023 PACER
69	ORDER granting 68 Motion to Appear Pro Hac Vice as to Britt Cass Steckman. Signed by Judge Carl J Barbier on 6/21/23. (cg) (Entered: 06/26/2023)	June 26, 2023	June 26, 2023 PACER
70	DEFICIENT EXPARTE/CONSENT MOTION for Leave to File Reply Brief by United States of America. (Attachments: # 1 Exhibit Proposed Reply Brief)(Gange, Heather) Modified on 6/29/2023 (gec). (Entered: 06/28/2023) 1 Exhibit Proposed Reply Brief View on PACER	June 28, 2023	June 28, 2023 PACER
71	EXPARTE/CONSENT MOTION for Leave to File Reply by United States of America. (Attachments: # 1 Exhibit Proposed Pleading, # 2 Proposed Order)(Gange, Heather) Modified text on 6/29/2023 (gec). (Entered: 06/29/2023)	June 29, 2023	June 29, 2023 PACER
72	EXPARTE/CONSENT Joint MOTION for Leave to File Excess Pages for DPE's Opposition and United States' Reply, regarding 9 MOTION for Preliminary Injunction by Denka Performance Elastomer LLC and United Sates of America. (Attachments: # 1 Proposed Order)(Venn, Brett) Modified text and filers on 7/6/2023 (cg). (Entered: 07/06/2023)	July 6, 2023	July 6, 2023 PACER
73	RESPONSE/MEMORANDUM in Opposition filed by Denka Performance Elastomer LLC re 9 MOTION for Preliminary Injunction. (Attachments: # 1 Exhibit 01 - DPE July 7 Comments (without exhibits), # 2 Exhibit 02 - EPA Letter to LDEQ, dated October 12, 2022, # 3 Exhibit 03 - Declaration of Dr. Gary Marsh, # 4 Exhibit 04 - Declaration of Dr. Michael Lumpkin, # 5 Exhibit 05 - Declaration of Dr. P. Robinan Gentry, # 6 Exhibit 06 - Declaration of Eric Farstad, # 7 Exhibit 07 - Declaration of David Blye, # 8 Exhibit 08 - Declaration Paul Casarez, # 9 Exhibit 09 - Declaration of Jorge Lavastida, # 10 Exhibit 10 - Declaration of Chris Meyers, # 11 Exhibit 11 - EPA Response to DPE Interrogatory No. 3, # 12 Exhibit 12 - Letter from M. Squillace to S. Coleman, EPA, Nov. 13, 2017, # 13 Exhibit 13 - Letter from Mr. Samuel Coleman to Mark Squillace - Dec. 15, 2017, # 14 Exhibit 14 - Letter from M. Squillace to S. Coleman, Jan. 12, 2018, # 15 Exhibit 15 - Earth Justice Petition to EPA, May 6, 2021, # 16 Exhibit 16 - In Re New-Indy Catawba LLC, CAA 303 Emergency Order, EPA Region 4, May 13, 2021, # 17 Exhibit 17 - In re Limetree Bay Terminals LLC et all, CAA Emergency order, EPA Region 2, May 14, 2021, # 18 Exhibit 18 - Letter from Administrator Regan to DPE, Jan. 24, 2022, # 19 Exhibit 19 - Proposed Rule (excerpts) and Neoprene Assessment, # 20 Exhibit 20 - EPA, Nat'l Emission Stands. for HAPs - Primary Lead Smelting, Sum. of Pub. Comment and Response, Nov. 4, 2011, # 21 Exhibit 21 - Toxicological Review of Chloroprene Sept. 2010, # 22 Exhibit 22 - EPA, Air Toxics Risk Assessment Ref. Library Vol. 2, April 2004 (excerpt), # 23 Exhibit 23 - Parts 1 and 2 - EPA, Guidelines for Carcinogen Risk Assessment, # 24 Exhibit 24 - Cote Deposition Transcript (excerpts), # 25 Exhibit 25 - Letter from EPA to LDEQ (Sept. 23, 2019), # 26 Exhibit 26 - Suh Deposition Transcript (excerpts), # 27 Exhibit 27 - Vandenberg Deposition Transcript (excerpts), # 28 Exhibit 28 - EPA's Response to DPE's RFA No. 17, # 29 Exhibit 29 - EPA Cooperative Agreement, Grant No. 01F70601, awarded Sept. 19, 2020, # 30 Exhibit 30 - EPA Cooperative Agreement, Grant No. 01F70501, awarded Sept. 19, 2020, # 31 Exhibit 31 - Sax et al (2020), # 32 Exhibit 32 - EPA's Response to DPE's Interrogatory No. 12, # 33 Exhibit 33 - Letter from M. Greene, EPA, to J. Lavastida, DPE, July 6, 2022, # 34 Exhibit 34 - EPA's Response to DPE's Interrogatory No. 6, # 35 Exhibit 35 - EPA's Responses to DPE's RFA Nos. 3-4, # 36 Exhibit 36 - March-April 2021 Internal EPA Email Chain re Region 6 IRIS Nomination for Chloroprene, # 37 Exhibit 37 - EPA's Response to DPE's RFA No. 16, # 38 Exhibit 38 - Letter from Gwinn, EPA, to Walsh, DPE, Mar. 14, 2022, # 39 Exhibit 39 - Harrington Deposition Transcript excerpts, # 40 Exhibit 40 - Table Re Proposed Order, # 41 Exhibit 41 - EPA Response to DPE Interrogatory No. 4)(Super, David) Modified on 7/19/2023 (gec). (Attachment 3 replaced on 8/1/2023) (cg). (Entered: 07/18/2023) 1 Exhibit 01 - DPE July 7 Comments (without exhibits) View on PACER 2 Exhibit 02 - EPA Letter to LDEQ, dated October 12, 2022 View on PACER 3 Exhibit. 03 - Declaration of Dr. Gary Marsh View on PACER 4 Exhibit 04 - Declaration of Dr. Michael Lumpkin View on PACER 5 Exhibit 05 - Declaration of Dr. P. Robinan Gentry View on PACER 6 Exhibit 06 - Declaration of Eric Farstad View on PACER 7 Exhibit 07 - Declaration of David Blye View on PACER 8 Exhibit 08 - Declaration Paul Casarez View on PACER 9 Exhibit 09 - Declaration of Jorge Lavastida View on PACER 10 Exhibit 10 - Declaration of Chris Meyers View on PACER 11 Exhibit 11 - EPA Response to DPE Interrogatory No. 3 View on PACER 12 Exhibit 12 - Letter from M. Squillace to S. Coleman, EPA, Nov. 13, 2017 View on PACER 13 Exhibit 13 - Letter from Mr. Samuel Coleman to Mark Squillace - Dec. 15, 201 View on PACER 14 Exhibit 14 - Letter from M. Squillace to S. Coleman, Jan. 12, 2018 View on PACER 15 Exhibit 15 - Earth Justice Petition to EPA, May 6, 2021 View on PACER 16 Exhibit 16 - In Re New-Indy Catawba LLC, CAA 303 Emergency Order, EPA Region View on PACER 17 Exhibit 17 - In re Limetree Bay Terminals LLC et all, CAA Emergency order, E View on PACER 18 Exhibit 18 - Letter from Administrator Regan to DPE, Jan. 24, 2022 View on PACER 19 Exhibit 19 - Proposed Rule (excerpts) and Neoprene Assessment View on PACER 20 Exhibit 20 - EPA, Nat'l Emission Stands. for HAPs - Primary Lead Smelti View on PACER 21 Exhibit 21 - Toxicological Review of Chloroprene Sept. 2010 View on PACER 22 Exhibit 22 - EPA, Air Toxics Risk Assessment Ref. Library Vol. 2, April 2004 View on PACER 23 Exhibit 23 - Parts 1 and 2 - EPA, Guidelines for Carcinogen Risk Assessment View on PACER 24 Exhibit 24 - Cote Deposition Transcript (excerpts) View on PACER 25 Exhibit 25 - Letter from EPA to LDEQ (Sept. 23, 2019) View on PACER 26 Exhibit 26 - Suh Deposition Transcript (excerpts) View on PACER 27 Exhibit 27 - Vandenberg Deposition Transcript (excerpts) View on RECAP 28 Exhibit 28 - EPA's Response to DPE's RFA No. 17 View on PACER 29 Exhibit 29 - EPA Cooperative Agreement, Grant No. 01F70601, awarded Sept. 19 View on PACER 30 Exhibit 30 - EPA Cooperative Agreement, Grant No. 01F70501, awarded Sept. 19 View on PACER 31 Exhibit 31 - Sax et al (2020) View on PACER 32 Exhibit 32 - EPA's Response to DPE's Interrogatory No. 12 View on PACER 33 Exhibit 33 - Letter from M. Greene, EPA, to J. Lavastida, DPE, July 6, 2022 View on PACER 34 Exhibit 34 - EPA's Response to DPE's Interrogatory No. 6 View on PACER 35 Exhibit 35 - EPA's Responses to DPE's RFA Nos. 3-4 View on PACER 36 Exhibit 36 - March-April 2021 Internal EPA Email Chain re Region 6 IRIS Nomi View on PACER 37 Exhibit 37 - EPA's Response to DPE's RFA No. 16 View on PACER 38 Exhibit 38 - Letter from Gwinn, EPA, to Walsh, DPE, Mar. 14, 2022 View on PACER 39 Exhibit 39 - Harrington Deposition Transcript excerpts View on PACER 40 Exhibit 40 - Table Re Proposed Order View on PACER 41 Exhibit 41 - EPA Response to DPE Interrogatory No. 4 View on PACER	July 18, 2023	July 18, 2023 RECAP
74	Request/Statement of Oral Argument by Denka Performance Elastomer LLC regarding 9 MOTION for Preliminary Injunction (Super, David) (Entered: 07/18/2023)	July 18, 2023	July 18, 2023 RECAP
75	ORDER & REASONS: It is ORDERED that the 59 Motion to Seal is DENIED, and the unredacted lease and memorandum in opposition to DuPont's Motion to Dismiss (Rec. Doc. 49 ) shall be filed into the record. Signed by Judge Carl J Barbier. (gec) (Entered: 07/24/2023)	July 24, 2023	July 24, 2023 PACER
76	NOTICE by United States of America re 75 Order on Motion to Seal Document Notice of Filing Unredacted U.S. Memorandum in Opposition to DuPont Specialty Products USA, LLC's Motion to Dismiss. (Attachments: # 1 Unredacted U.S. Memorandum in Opposition to DuPont Specialty Products USA, LLC's Motion to Dismiss, # 2 Exhibit A (Ground Lease), # 3 Exhibit B)(Shermer, Steven) (Entered: 07/25/2023)	July 25, 2023	July 25, 2023 PACER
77	NOTICE of Supplemental Authority by Denka Performance Elastomer LLC re 66 Response/Memorandum in Opposition to Motion of Supplemental Authority. (Attachments: # 1 Exhibit A)(Super, David) Modified on 7/26/2023 (cg). (Entered: 07/26/2023)	July 26, 2023	July 26, 2023 PACER
78	ORDER granting 72 Motion for Leave to File Excess Pages. Denka Performance Elastomer, LLC may file an Opposition to the United States' Motion for a Preliminary Injunction that is no more than 50 pages, and the United States may file a Reply that is no more than 32 pages. IT IS FURTHER ORDERED that the United States' Reply Brief Deadline is extended from August 17, 2023 to August, 23, 2023. Signed by Judge Carl J Barbier on 7/28/23. (cg) (Entered: 07/28/2023)	July 28, 2023	July 28, 2023 PACER
79	ORDER granting 71 Motion for Leave to File Reply. Signed by Judge Carl J Barbier on 7/28/23. (cg) (Entered: 07/28/2023)	July 28, 2023	July 28, 2023 PACER
80	REPLY in Support to Response to Motion filed by United States of America re 57 MOTION to Dismiss for Lack of Jurisdiction . (cg) (Entered: 07/28/2023)	July 28, 2023	July 28, 2023 PACER
81	EXPARTE/CONSENT MOTION for Leave to File /Substitute a Complete Version of an Exhibit to Its Opposition to the United States Motion For Preliminary Injunction by Denka Performance Elastomer LLC. (Attachments: # 1 Exhibit 3 - Declaration of Dr. Gary Marsh, # 2 Attach. D (PART 1 of 4) to Marsh Declaration, # 3 Attach. D (PART 2 of 4) to Marsh Declaration, # 4 Attach. D (PART 3 of 4) to Marsh Declaration, # 5 Attach. D (PART 4 of 4) to Marsh Declaration, # 6 Attach. E (PART 1 of 5) to Marsh Declaration, # 7 Attach. E (PART 2 of 5) to Marsh Declaration, # 8 Attach. E (PART 3 of 5) to Marsh Declaration, # 9 Attach. E (PART 4 of 5) to Marsh Declaration, # 10 Attach. E (PART 5 of 5) to Marsh Declaration, # 11 Proposed Order)(Super, David) (Entered: 07/31/2023)	July 31, 2023	July 31, 2023 PACER
82	ORDER granting 81 Motion for Leave to Substitute a Complete Version of an Exhibit to its Opposition to the United States' Motion for Preliminary Injunction. Signed by Judge Carl J Barbier on 8/1/23. (cg) (Entered: 08/01/2023)	Aug. 1, 2023	Aug. 1, 2023 PACER
83	EXPARTE/CONSENT MOTION to Continue Motion Submission Date by United States of America. (Attachments: # 1 Proposed Order)(Shermer, Steven) (Entered: 08/11/2023)	Aug. 11, 2023	Aug. 11, 2023 PACER
84	EXPARTE/CONSENT MOTION to Expedite Consent Motion to Continue Submission Date by United States of America. (Attachments: # 1 Proposed Order)(Shermer, Steven) (Entered: 08/11/2023)	Aug. 11, 2023	Aug. 11, 2023 PACER
85	RESPONSE to Motion filed by Denka Performance Elastomer LLC re 83 MOTION to Continue Motion Submission Date. (Super, David) (Entered: 08/11/2023)	Aug. 11, 2023	Aug. 11, 2023 PACER
86	ORDER - Considering the foregoing Consent Motion to Continue Submission Date and Reply Brief Deadline for United States' Preliminary Injunction Motion (Rec. Doc. 83 ) and the Ex Parte Motion for Expedited Consideration (Rec. Doc. 84 ), IT IS HEREBY ORDERED that the motions are GRANTED, and the submission date and reply deadline for the United States' Motion for Preliminary Injunction is continued from August 23, 2023 to September 6, 2023. Signed by Judge Carl J Barbier on 8/11/23.(cg) (Entered: 08/11/2023)	Aug. 11, 2023	Aug. 11, 2023 PACER
87	EXPARTE/CONSENT MOTION for Leave to File /Appear as Amici Curiae by Louisiana Chemical Association, American Chemistry Council, Chamber of Commerce of the United States of America, National Association of Manufacturers. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit to the proposed pleading)Attorney Greg L. Johnson added to party Louisiana Chemical Association(pty:am), Attorney Greg L. Johnson added to party American Chemistry Council(pty:am), Attorney Greg L. Johnson added to party Chamber of Commerce of the United States of America(pty:am), Attorney Greg L. Johnson added to party National Association of Manufacturers(pty:am).(Johnson, Greg) (Entered: 08/14/2023)	Aug. 14, 2023	Aug. 14, 2023 PACER
88	ORDER denying 87 Motion for Leave to File to Appear as Amici Curiae. Signed by Judge Carl J Barbier on 8/16/23. (cg) (Entered: 08/16/2023)	Aug. 16, 2023	Aug. 16, 2023 PACER
89	ORDER & REASONS: It is ORDERED that DuPont's 49 Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) is DENIED. Signed by Judge Carl J Barbier on 8/17/2023. (gec) (Entered: 08/18/2023)	Aug. 18, 2023	Aug. 18, 2023 RECAP
90	ORDER AND REASONS granting 57 Motion to Dismiss Denka Performance Elastomer, LLC's Counterclaims and First Six Affirmative Defenses for Lack of Subject Matter Jurisdiction. IT IS HEREBY ORDERED that the United States' Motion to Dismiss Denka Performance Elastomer, LLC's Counterclaims and First Six Affirmative Defenses for Lack of Subject Matter Jurisdiction (Rec. Doc. 57) is GRANTED. Denka's first five affirmative defenses are STRICKEN without leave to amend, and the sixth affirmative defense is STRICKEN with leave to amend. Denka's counterclaims are DISMISSED with prejudice with the exception of the fifth counterclaim which is DISMISSED without prejudice. Signed by Judge Carl J Barbier on 8/30/23. (cg) (Entered: 08/30/2023)	Aug. 30, 2023	Aug. 30, 2023 RECAP
91	ORDERED that a telephone status conference is set for Wednesday, September 27, 2023 at 10:00 a.m. Counsel for the United States of America will begin the conference call and, once all other parties are connected, add the Court to the call by dialing 504-589-7525. Signed by Judge Carl J Barbier. (gec) (Entered: 08/31/2023)	Aug. 31, 2023	Aug. 31, 2023 PACER
92	MOTION for Hearing re 9 MOTION for Preliminary Injunction by Denka Performance Elastomer LLC. Motion(s) will be submitted on 9/20/2023. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Super, David) (Entered: 09/01/2023) 1 Memorandum in Support View on RECAP 2 Notice of Submission (Civil Only) View on PACER 3 Proposed Order View on PACER	Sept. 1, 2023	Sept. 1, 2023 PACER
93	ANSWER to 1 Complaint, by DuPont Specialty Products USA, LLC.(Jarrell, Eric) (Entered: 09/01/2023)	Sept. 1, 2023	Sept. 1, 2023 PACER
94	REPLY to Response to Motion filed by United States of America re 9 MOTION for Preliminary Injunction . (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B, # 3 Exhibit Ex. C, # 4 Exhibit Ex. D, # 5 Exhibit Ex. E, # 6 Exhibit Ex. F, # 7 Exhibit Ex. G, # 8 Exhibit Ex. H, # 9 Exhibit Ex. I, # 10 Exhibit Ex. J, # 11 Exhibit Ex. K, # 12 Exhibit Ex. L, # 13 Exhibit Ex. M, # 14 Exhibit Ex. N, # 15 Exhibit Ex. O, # 16 Exhibit Ex. P, # 17 Exhibit Ex. Q, # 18 Exhibit Ex. R, # 19 Exhibit Ex. S, # 20 Exhibit Ex. T, # 21 Exhibit Ex. U)(Shermer, Steven) (Entered: 09/06/2023) 1 Exhibit Ex. A View on PACER 2 Exhibit Ex. B View on PACER 3 Exhibit Ex. C View on PACER 4 Exhibit Ex. D View on PACER 5 Exhibit Ex. E View on PACER 6 Exhibit Ex. F View on PACER 7 Exhibit Ex. G View on PACER 8 Exhibit Ex. H View on PACER 9 Exhibit Ex. I View on PACER 10 Exhibit Ex. J View on PACER 11 Exhibit Ex. K View on PACER 12 Exhibit Ex. L View on PACER 13 Exhibit Ex. M View on PACER 14 Exhibit Ex. N View on PACER 15 Exhibit Ex. O View on PACER 16 Exhibit Ex. P View on PACER 17 Exhibit Ex. Q View on PACER 18 Exhibit Ex. R View on PACER 19 Exhibit Ex. S View on PACER 20 Exhibit Ex. T View on PACER 21 Exhibit Ex. U View on PACER	Sept. 6, 2023	Sept. 6, 2023 RECAP
95	MOTION to Seal Portions of Exhibit U to United States' Reply In Support of Its Motion for Preliminary Injunction by United States of America. Motion(s) will be submitted on 10/4/2023. (Attachments: # 1 Memorandum in Support, # 2 Exhibit (Ex. 1 - Sept. 1, 2023 notice of designation of Confidential Information), # 3 Proposed Order, # 4 Notice of Submission)(Shermer, Steven) (Entered: 09/07/2023)	Sept. 7, 2023	Sept. 7, 2023 PACER
96	RESPONSE/MEMORANDUM to Motion filed by United States of America re 92 MOTION for Hearing re 9 MOTION for Preliminary Injunction . (Shermer, Steven) (Entered: 09/12/2023)	Sept. 12, 2023	Sept. 12, 2023 RECAP
97	EXPARTE/CONSENT MOTION for Leave to File Unredacted Copy of Response to USA's Motion to Seal by Denka Performance Elastomer LLC. (Attachments: # 1 Proposed Order)(Holden, Robert) (Entered: 09/26/2023)	Sept. 26, 2023	Sept. 26, 2023 PACER
98	RESPONSE to Motion filed by Denka Performance Elastomer LLC re 95 MOTION to Seal Portions of Exhibit U to United States' Reply In Support of Its Motion for Preliminary Injunction . (Holden, Robert) (Entered: 09/26/2023)	Sept. 26, 2023	Sept. 26, 2023 PACER
99	Minute Order. Telephone Status Conference held on 9/27/2023 before Judge Carl J Barbier. ORDERED that 92 Motion for Evidentiary Hearing on the United States' Motion for Preliminary Injunction is GRANTED. The evidentiary hearing on the United States Motion for Preliminary Injunction (Rec. Doc. 9 ) will be combined with a bench trial on the United States' request for permanent injunction. The parties are ordered to meet and confer and submit within 14 days a proposed scheduling order for the bench trial, as stated herein. (gec) (Entered: 09/28/2023)	Sept. 27, 2023	Sept. 27, 2023 RECAP