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.

An aerial view of two coal energy towers

Coal, cancer and COP31: How Turkey’s drive to expand a major coal plant is polluting its climate push

As Turkey welcomes world leaders to COP31, a reliance on fossil fuels — with little end in sight — is severely undermining its climate credentials.

A view of a row of wind turbines with the sea in the background

US and rest of world must follow China’s lead on green energy, says John Kerry

China is leading the world in moving away from fossil fuels, and the rest of the globe — including the US — must now follow, the former US secretary of state John Kerry says.

A view of solar panels and wind turbines with battery storage pods in the background

States are counting on battery farms. Some towns don’t want them

In the race to meet the nation’s growing power demands, states and utilities are rapidly building new "battery farms" that can store energy for when customers need it most. But as the facilities grow, so too does community opposition.
A view of coal energy towers with a cloudy sky in the background

West Virginia lawmakers approve 69% capacity rule for coal-fired power plants

Lawmakers agreed with a Public Service Commission rule that would keep a requirement for electrical generation capacity on coal-fired plants as a goal, rather than a mandate. 
A maintenance worker walking across solar panels on a roof

Brazil to present plan for moving economies toward renewable energies

Brazil has launched a long-awaited road map to help countries transition from fossil fuels to renewable energies.
A view of Greta Thunberg speaking into a microphone

Greta Thunberg arrives at COP31, calls for structural changes to tackle climate crisis

Greta Thunberg has arrived at the U.N. climate meeting in Turkey, emphasizing the need to prioritize people and the planet over profits.
The 21st session of the UN Conference on Climate Change
Credit: palinchak/BigStock Photo ID: 110010617

The United States is skipping COP31 in Turkey

President Trump refused to send an American delegation to the United Nations climate summit in Turkey.
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.