September 14, 2022
Washington, DC / New Orleans, LA — Today, a Louisiana District Court threw out the air permits issued by the Louisiana Department of Environmental Quality (LDEQ) to FG LA, a Formosa Plastics Group company, for the construction of a massive new petrochemical complex in St. James Parish, Louisiana. The court determined that the facility’s toxic emissions would violate federal air standards and threaten public health, and that in approving them, LDEQ failed in its duty to protect the public from environmental harm.
The proposed plant was to be one of the world’s largest production facilities for plastics and plastic feedstocks. If constructed, it would have exponentially increased the already dangerous levels of air and water pollution along Cancer Alley, a predominantly Black community. It also would be one of the largest single sources of greenhouse gas emissions in the United States. Today’s decision vacates the permits, effectively stopping the project from moving forward.
Jane Patton, Campaign Manager for Plastics and Petrochemicals at the Center for International Environmental Law (CIEL) and Louisiana resident, issued the following statement:
“Tonight, we are breathing a sigh of relief. Because as a lifelong resident of Louisiana, I know that my family and community, and communities throughout the state, will be much safer without another industrial facility adding to an already deadly toxic burden and deepening environmental injustice.
“Today’s victory shows that the people have power, and that community resistance can still alter the course of development and climate change in Louisiana. As the Court so eloquently stated, the residents of this state have been mistreated for generations, none more so than the African people kidnapped and forced to work on industrial farms in Louisiana. The continued exploitation of the air, land, water, and people of this state, and in Cancer Alley, carries that legacy to present generations burdened by dangerous levels of pollution. Today’s decision shows that together, with the right tools and allies, the people of Louisiana can say, ‘We deserve better,’ and we will be heard.
“This is a problem much bigger than just this one set of permits and this one company. Every industrial corporation wanting to develop in Louisiana, Appalachia, and worldwide should hear what this decision affirms: Communities have rights, and we have power – across the globe. Plastics and petrochemical production are not aligned with a climate-safe future or the universal right to a clean, healthy, and sustainable environment. What we need is safe development, reliable jobs, and a future for our children — we need a different future for Louisiana.”
Nikki Reisch, Director of the Climate & Energy Program, added:
“This decision is a remarkable win not just for the people of St. James Parish and all those who have supported their courageous and dogged struggle to defend their rights against the imposition of further toxic burden and harm. It is a win for environmental justice, for climate justice, and for human rights.
“It sends a clear message to the government of Louisiana and to the Formosa Plastics Group and to states and corporations everywhere: You cannot write off communities or edit out the reality of environmental racism and climate change. The Court’s decision affirms that the harms caused by an industrial facility, whether a plastics plant or a fossil fuel refinery, cannot be assessed in isolation from surrounding sources of pollution or from the broader context of the mounting climate emergency, disproportionately harming marginalized communities. In the court’s words, the state ‘must take special care to consider the impact of climate-driven disasters fueled by greenhouse gases on environmental justice communities and their ability to recover.’
“The decision makes clear that the state has a public trustee duty to avoid potential environmental harm to the maximum extent possible. Doubling down on polluting industries, like petrochemical and plastics production, and entrenching reliance on fossil fuels flies in the face of that obligation.”
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NOTE:
In October 2021, the Center for International Environmental Law, Center for Biological Diversity, and Earthworks released a report detailing the Formosa Plastics Group’s six-decade-long history of environmental, health, safety, and labor violations, including accidents and persistent pollution in multiple countries. Read Formosa Plastics Group: A Serial Offender of Environmental and Human Rights (A Case Study) for more information.
MEDIA CONTACT:
Cate Bonacini: press@ciel.org, +1-202-742-5847