The U.S. District Court for the Eastern District of Louisiana heard arguments Tuesday in an ongoing case pitting families of students of Fifth Ward Elementary school against St John the Baptist Parish School Board.

The parents say that over 300 predominantly Black and Hispanic students who are are at high risk of exposure to air pollution from chloroprene inhalation due to the proximity of the school to Denka Performance Elastomer LLC.

The claim states that the school is located 500 feet away from Denka Performance Elastomer, and is the only industrial plant in the country that emits chloroprene. Chloroprene is a chemical compound that scientists confirm that when inhaled, especially by children, can cause cancer and genetic mutations.

On June 12, 2024  the Legal Defense Fund (LDF) on behalf of the parents filed a brief in the court to outline why students at Fifth Ward Elementary should be moved to LaPlace Elementary School. 

“There’s already an active desegregation case that’s been going on for decades”, Victor Jones, Senior Counsel at LDF explained. “We are using the long-standing desegregation case to force the school board to close the school or relocate the children to a safer facility.”

In 2022, the Environmental Protection Agency had recommended that Fifth Ward Elementary school be shuttered and students relocated to a safer facility. 

Jones said the school board had made plans to relocate students from Fifth Ward Elementary but shelved the plans after concluding that the chemical plant did not constitute a danger to the school. Jones hopes to argue the case of the families before the  judge on October 22 and change the school board’s position toward relocation.