Louisiana plastics plant shot down by judge

Environmental justice comes for residents of Welcome., La., a community with a 99 percent minority population.

A proposed $9.4 billion plastics plant received another body blow Wednesday, after a Louisiana state judge vacated 14 state permits and lambasted regulators for failing to live up to their "constitutional public trust duty."


The ruling is a clear environmental justice win for residents of tiny Welcome, La., a small community with a 99 percent minority population, 87 percent of whom identify as Black.

That town, and the plant's impact on the land and the families living off it, was foremost in Judge Trudy White's 34 page ruling.

"The blood, sweat and tears of their ancestors is tied to the land," White wrote, noting that Welcome's demographics reflect its roots as a place once dominated by plantations and now populated by descendents of slaves who worked those plantations.

In the ruling, White cited Sharon Lavigne, director of RISE St. James, a local advocacy group, and winner of the 2021 Goldman Environmental Prize: "These are sacred lands. They were passed down to Black residents from their great-great-great grandparents who worked hard to buy these lands along the Mississippi to make them productive and pass them on to their families."

Plastic pollution

The giant facility would have used ethane and propane as feedstock to ultimately make a variety of products used in plastics manufacturing. The project has been on hold since November 2020, when the federal government suspended a permit amid protests from local environmental groups.

White agreed with those groups in her 34-page ruling, saying the state did not do enough to protect the health and well-being of its residents. Regulators technically followed the rules in issuing permits, White wrote, but "the constitutional public trust duty imposes an additional legal standard."

"It demands [The Louisiana Department of Environmental Quality] go beyond its regulations if necessary to avoid potential environmental harm to the maximum extent possible" (emphasis in the original).

A 2019 analysis by the nonprofit news site ProPublica estimated that the air around Formosa’s site is more toxic with cancer-causing chemicals than 99.6% of industrialized areas of the country. The plant's proposed emissions, the publication concluded, could triple levels of cancer-causing chemicals in one of the most toxic areas of the U.S.

Formosa credit bounce

If built, the plant would add 2.4 million tons per year of ethylene to a U.S. market that annually supports some 50 million tons, according to the Institute for Energy Economics and Financial Analysis, or IEEFA. The facility would also provide a new source of polyethylene, polypropylene and ethyl glycol to the U.S. market.

Delays in Formosa Plastics' proposed petrochemical complex in Louisiana have, curiously, helped the company's credit rating, Tom Sanzillo, IEEFA's director of financial analysis, noted in a post.

Standard & Poor's downgraded Formosa in October 2020 in part due to the cash drain on the company from its Louisiana project. An upgrade "implies that canceling the project would be better for the company than laying out large sums of cash for a high-risk investment," Sanzillo wrote.

Editor's note, Sept. 14, 2022: This is a developing story. Check back for updates.

President Donald Trump speaking into a microphone
Credit: Gage Skidmore/https://www.flickr.com/photos/gageskidmore/https://creativecommons.org/licenses/by-sa/4.0/

Trump taking ‘drill, baby, drill’ plan to Venezuela ‘terrible’ for climate, experts warn

‘Everybody loses’ if production is supercharged in a country with the largest known oil reserves, critics say.

A refinery at night in front of a water source

What Trump’s Venezuela strategy means for Black communities

Environmental justice advocates warn that refining Venezuelan oil will concentrate more pollution and cancer risk in majority-Black communities along the Texas and Louisiana Gulf Coast.

A technician working on a heat pump installed on the side of a home
Credit: Virrage Images/Big Stock Photo

7 numbers that explain why the future of buildings is all-electric

Key indicators, from the cost of fossil gas to the number of heat pumps sold, signal building decarbonization will march onward in the U.S. despite challenges.

A person wearing blue gloves soldering wire onto a lithium-ion battery
Credit: Fahroni/Big Stock Photo

Old but full of energy: Giving EV batteries a second life

How Moment Energy harvests and puts to work batteries from worn-out electric cars.
 A simple model of an atom on a blue background
Copyright: StefanieSchubbert/ BigStock Photo ID: 124679117

Optimism about nuclear energy is rising again. Will it last?

Companies like Kairos Power are building new types of reactors with the encouragement of the Trump administration, but their success is far from assured.
An illustration of a turtle with plastic in its mouth, surrounded by plastic bottles

Microplastics are undermining the ocean’s ability to absorb carbon

Research reveals microplastics may impair the ocean’s ability to absorb carbon dioxide, weakening a natural buffer against climate change.
Dense seagrass meadow of Neptune grass

Change in Chesapeake’s grass beds means less ‘fish food’

A transformation in the seagrass meadows hidden under the surface of the Chesapeake Bay may have huge implications for fish and crabs living in the estuary.
From our Newsroom
Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

One facility has emitted cancer-causing chemicals into waterways at levels up to 520% higher than legal limits.

Regulators are underestimating health impacts from air pollution: Study

Regulators are underestimating health impacts from air pollution: Study

"The reality is, we are not exposed to one chemical at a time.”

Pennsylvania governor Josh Shapiro speaks with the state flag and American flag behind him.

Two years into his term, has Gov. Shapiro kept his promises to regulate Pennsylvania’s fracking industry?

A new report assesses the administration’s progress and makes new recommendations

silhouette of people holding hands by a lake at sunset

An open letter from EPA staff to the American public

“We cannot stand by and allow this to happen. We need to hold this administration accountable.”

wildfire retardants being sprayed by plane

New evidence links heavy metal pollution with wildfire retardants

“The chemical black box” that blankets wildfire-impacted areas is increasingly under scrutiny.

Stay informed: sign up for The Daily Climate newsletter
Top news on climate impacts, solutions, politics, drivers. Delivered to your inbox week days.