Formosa Plant May Still Be Releasing Plastic Pollution in Texas After $50M Settlement, Activists Find
On the afternoon of Jan. 15, activist Diane Wilson kicked off a San Antonio Estuary Waterkeeper meeting on the side of the road across from a Formosa plastics manufacturing plant in Point Comfort, Texas.
After Wilson and the waterkeeper successfully sued Formosa in 2017, the company agreed to no longer release even one of the tiny plastic pellets known as nurdles into the region's waterways. The group of volunteers had assembled that day to check whether the plant was still discharging these raw materials of plastics manufacturing.
Diane Wilson kayaking to the fence line of Formosa's Point Comfort plant to check for nurdles newly discharged from the plant on Jan. 15. Julie Dermansky / DeSmogBlog
Their suit against Formosa Plastics Corp. USA resulted in a $50-million-dollar settlement and a range of conditions in an agreement known as a consent decree. Key among the conditions was the company's promise to halt releasing the nurdles it manufactures into local waterways leading to the Texas Gulf Coast by Jan. 15.
Formosa's plastics plant is seen dominating the landscape in Point Comfort, Texas. Julie Dermansky / DeSmogBlog
Wilson described the occasion as "day one of the zero discharge settlement." As of that date, Formosa could be fined up to $15,000 a day if it were found still discharging nurdles. That would put the multi-billion-dollar plastics maker in violation of the court settlement made after U.S. District Judge Kenneth Hoyt determined the company had violated the Clean Water Act by discharging plastic pellets and PVC powder into Lavaca Bay and Cox Creek in a June 27 ruling last year.
The deal, signed by Judge Hoyt in December, represents the U.S.'s largest settlement in a Clean Water Act lawsuit brought by private individuals against an industrial polluter. The settlement mandates that both Formosa and the plaintiffs agree to a monitor, remediation consultant, engineer, and trustee for ongoing monitoring of the plant.
Diane Wilson is seen with volunteers before their meeting across the street from Formosa's Point Comfort manufacturing plant. Julie Dermansky / DeSmogBlog
After calling the group's meeting to order, Wilson gave an update on how requirements of the consent decree were progressing. The volunteer team of nurdle monitors, who have been collecting nurdles discharged by the plant for the last four years, listened eagerly. Wilson said that Formosa had missed the Jan. 15 deadline to deliver the waivers they needed to sign, which would grant them permission to monitor on the company's property along the fence line. Without the signed forms, the group put off their on-the-ground monitoring trip. Instead, they headed for the banks of Cox Creek, where Wilson set off in a kayak to check on one of the plant's outfalls.
Within 10 minutes she collected an estimated 300 of the little plastic pellets. Wilson says she will save them as evidence, along with any additional material the group collects, to present to the official — and yet-to-be-selected — monitor.
Wilson received the waiver forms from Formosa a day after the deadline. The group planned to set out by foot on Jan. 18, which would allow them to cover more ground on their next monitoring trip. They hope to check all of the facility's 14 outtakes where nurdles could be still be escaping. Any nurdles discharged on or after Jan. 15 in the area immediately surrounding the plant would be in violation of the court settlement.
Ronnie Hamrick picks up a mixture of new and legacy nurdles near Formosa's Point Comfort plant. Julie Dermansky / DeSmogBlog
Pointing along the creek's edge, Ronnie Hamrick, a member of the San Antonio Estuary Waterkeeper and former Formosa employee, showed me how to distinguish new plastic pellets from the legacy nurdles from past discharges. The new ones are brighter and white compared to the older ones, which take on a dull gray color. Old nurdles were plentiful along the creek's banks despite cleanup crews deployed by Formosa in that area. Newer ones were easy to find in the water after Hamrick pushed a rake into the marsh, stirring them up from below the water's surface in Cox Creek.
Ronnie Hamrick holds a few of the countless nurdles that litter the banks of Cox Creek near Formosa's Point Comfort facility. Julie Dermansky / DeSmogBlog
When Wilson returned from her kayak, she showcased her find: The nurdles she had just collected from the Formosa outfall were bright white, making them easy to distinguish from the older ones littering the bank where she had launched her kayak. She plans to turn them over as evidence of newly discharged nurdles to the official monitor once one is selected in accordance to the consent decree.
Lawsuit Against Formosa’s Planned Louisiana Plant
On that same afternoon, Wilson learned that conservation and community groups in Louisiana had sued the Trump administration, challenging federal environmental permits for Formosa's planned $9.4 billion plastics complex in St. James Parish.
The news made Wilson smile. "I hope they win. The best way to stop the company from polluting is not to let them build another plant," she told me.
The lawsuit was filed in federal court against the Army Corps of Engineers, accusing the Corps of failing to disclose environmental damage and public health risks and failing to adequately consider environmental damage from the proposed plastics plant. Wilson had met some of the Louisiana-based activists last year when a group of them had traveled to Point Comfort and protested with her outside Formosa's plastics plant that had begun operations in 1983. Among them was Sharon Lavigne, founder of the community group Rise St. James, who lives just over a mile and a half from the proposed plastics complex in Louisiana.
Back then, Wilson offered them encouragement in their fight. A few months after winning her own case last June, she gave them boxes of nurdles she had used in her case against Formosa. The Center for Biological Diversity, one of the environmental groups in the Louisiana lawsuit, transported the nurdles to St. James. The hope was that these plastic pellets would help environmental advocates there convince Louisiana regulators to deny Formosa's request for air permits required for building its proposed St. James plastics complex that would also produce nurdles. On Jan. 6, Formosa received those permits, but it still has a few more steps before receiving full approval for the plant.
Anne Rolfes, founder of the Louisiana Bucket Brigade, holding up a bag of nurdles discharged from Formosa's Point Comfort, Texas plant, at a protest against the company's proposed St. James plant in Baton Rouge, Louisiana, on Dec. 10, 2019. Julie Dermansky / DeSmogBlog
In their Jan. 15 lawsuit, the groups, which also include Louisiana Bucket Brigade, and Healthy Gulf, point out that a Texas judge called Formosa's Point Comfort plant a "serial offender" of the Clean Water Act. They also cite another Formosa facility in Baton Rouge, Louisiana, which has been in violation of the Clean Air Act every quarter since 2009.
Construction underway to expand Formosa's Point Comfort plant. Julie Dermansky / DeSmogBlog
The new plant slated for St. James Parish "is expected to emit and discharge a variety of pollutants, including carcinogens and endocrine disrupters, into the air and water; [and] discharge plastic into the Mississippi River and other waterbodies," the lawsuit alleges.
Silhouette of Formosa's Point Comfort Plant looming over the rural landscape. Julie Dermansky / DeSmogBlog
DeSmog's Sharon Kelly reported that out of all the new or expanding U.S. refineries, liquefied natural gas (LNG) export projects, and petrochemical plants seeking air permits, Formosa's St. James plant would top the list of air polluters.
"Wilson's victory against Formosa was very encouraging," Sharon Lavigne told me over the phone. She plans to cite it as one of the many reasons why the St. James Parish Council should reverse its 2018 decision to grant Formosa a land use permit for the sprawling plastics facility. She and others will address the council over a multitude of issues at its upcoming Jan. 21 meeting.
From the Gulf Coast to Europe
Just a day after Wilson found apparently new nurdles in Point Comfort, the Plastic Soup Foundation, an advocacy group based in Amsterdam, took legal steps to stop plastic pellet pollution in Europe. On behalf of the group, environmental lawyers submitted an enforcement request to a Dutch environmental protection agency, which is responsible for regulating the cleanup of nurdles polluting waterways in the Netherlands.
The foundation is the first organization in Europe to take legal steps to stop plastic pellet pollution. It cites in its enforcement request to regulators Wilson's victory in obtaining a "zero discharge" promise from Formosa and is seeking a similar result against Ducor Petrochemicals, the Rotterdam plastic producer. Its goal is to prod regulators into forcing Ducor to remove tens of millions of plastic pellets from the banks immediately surrounding its petrochemical plant.
Detail of a warning sign near the Point Comfort Formosa plant. The waterways near the plant are polluted by numerous industrial facilities in the area. Julie Dermansky / DeSmogBlog
Besides polluting waterways, the ongoing build-out of the petrochemical and plastics industry doesn't align with efforts to keep global warming in check.
Wilson and her fellow volunteers plan to keep monitoring the Point Comfort plant until it stops discharging the tiny plastic pellets into Texas waters entirely.
Nurdles on Cox Creek's bank on Jan. 15. Wilson hopes her and her colleagues' work of the past four years will help prevent the building of more plastics plants, including the proposed Formosa plant in St. James Parish. Julie Dermansky / DeSmogBlog
I reached out to Formosa about whether it was aware its Point Comfort plant was apparently still discharging nurdles but didn't receive a reply before publication.
A sign noting the entrance to the Formosa Wetlands Walkway at Port Lavaca Beach. The San Antonio Estuary Waterkeeper describes the messaging as an example of greenwashing. Julie Dermansky / DeSmogBlog
Reposted with permission from DeSmogBlog.
- New U.S. Oil and Gas Emissions Could Nearly Erase Environmental ... ›
- Plastics Plant Will Bulldoze Over Black History in 'Cancer Alley ... ›
- Fire at Plastics Plant Sends Toxic Smoke Over North Texas - EcoWatch ›
By Victoria Masterson
Using one of the world's problems to solve another is the philosophy behind a Norwegian start-up's mission to develop affordable housing from 100% recycled plastic.
Sustainable Homes<p>UN-Habitat says an <a href="https://unhabitat.org/un-habitat-aims-to-use-plastic-waste-to-support-housing-for-all" target="_blank">estimated 60% of people living in urban areas of Africa are in informal settlements</a>. At the same time, between 1990 and 2017, African countries imported around 230 metric tonnes of plastic, "which mostly ended up in dump sites creating a massive environmental challenge," the agency adds.</p><p>UN-Habitat deputy executive director, Victor Kisob, said the aim of the partnership with Othalo was to "promote adequate, sustainable and affordable housing for all."</p>
Artist's impression of an Othalo community, imagined by architect Julien De Smedt. Othalo<p>Othalo's process involves shredding plastic waste and mixing it with other elements, including non-flammable materials. Components are used to build up to four floors, with a home of 60 square metres using eight tons of recycled plastic. A factory with one production line can produce 2,800 housing units annually.</p><p>Following successful laboratory tests, Othalo's factory in Estonia has started producing components to build three demonstration homes for Kenya's capital, Nairobi; Yaoundé, the capital of Cameroon and Dakar, the capital of Senegal.</p><p>Othalo founder Frank Cato Lahti has been developing and testing the technology since 2016 in partnership with <a href="https://www.sintef.no/en/" target="_blank">SINTEF</a>, a 70-year-old independent research organization in Trondheim, Norway, and experts at Norway's <a href="https://en.uit.no/startsida" target="_blank" rel="noopener noreferrer">University of Tromsø</a>.</p>
Othalo founder Frank Cato Lahti. Othalo<p>Almost <a href="https://www.un.org/development/desa/publications/2018-revision-of-world-urbanization-prospects.html" target="_blank">seven out of every 10 people in the world are expected to live in urban areas by 2050</a>. More than 90% of this growth will take place in Africa, Asia, Latin America, and the Caribbean.</p><p>"In the absence of effective urban planning, the consequences of this rapid urbanization will be dramatic," UN-Habitat warns.</p><p>Lack of proper housing and growth of slums, inadequate and outdated infrastructure, escalating poverty and unemployment, and pollution and health issues, are just some of the effects.</p><p>Mindsets, policies, and approaches towards urbanization need to change for the growth of cities and urban areas to be turned into opportunities that will leave nobody behind, UN-Habitat says.</p>
Pioneers of Change<p>Reimagining cities and communities for greater resilience and sustainability was a key topic at the<a href="https://www.weforum.org/events/pioneers-of-change-summit-2020" target="_blank"> World Economic Forum's Pioneers of Change Summit 2020</a>.</p><p>The digital event brought together innovators and stakeholders from around the world to explore solutions to the challenges facing enterprises, governments and society.</p><p>Opening the summit, <a href="https://www.weforum.org/events/pioneers-of-change-summit-2020/sessions/opening-plenary-8f731cbc65" target="_blank">Stephan Mergenthaler, the Forum's Head of Strategic Intelligence and a member of the Executive Committee</a>, said: "We need to change the way we produce, the way we live and interact in our cities to make this transition to net-zero emissions a reality…</p><p>"And as this year has illustrated so dramatically, we need to make every effort that we keep populations healthy, if we want to avoid jeopardizing all this progress."</p><p><em>Reposted with permission from </em><em><a href="https://www.weforum.org/agenda/2020/11/un-africa-recycled-plastic-housing/" target="_blank">World Economic Forum</a>.</em><a href="https://www.ecowatch.com/r/entryeditor/2649069252#/" target="_self"></a></p>
- What Happens to Recycled Plastic? Researchers Lift the Lid ... ›
- This Eco-Village Is Being Built From More Than 1 Million Recycled ... ›
EcoWatch Daily Newsletter
By Brett Wilkins
Despite acknowledging that the move would lead to an increase in the 500 million to one billion birds that die each year in the United States due to human activity, the Trump administration on Friday published a proposed industry-friendly relaxation of a century-old treaty that protects more than 1,000 avian species.
- Hundreds of Thousands of Migratory Birds 'Falling Out of the Sky' in ... ›
- Scientists at Work: Sloshing Through Marshes To See How Birds ... ›
Many people shop online for everything from clothes to appliances. If they do not like the product, they simply return it. But there's an environmental cost to returns.
- Are We Doomed If We Don't Curb Carbon Emissions by 2030 ... ›
- California Winery Cuts Carbon Emissions With Lighter Bottles ... ›
- Wealthy One Percent Are Producing More Carbon Emissions Than ... ›
By Dolf Gielen and Morgan Bazilian
John Kerry helped bring the world into the Paris climate agreement and expanded America's reputation as a climate leader. That reputation is now in tatters, and President-elect Joe Biden is asking Kerry to rebuild it again – this time as U.S. climate envoy.
Energy Is at the Center of the Climate Challenge<p>The <a href="https://science2017.globalchange.gov/chapter/1/" target="_blank">effects of climate change</a> are already evident across the globe, from <a href="https://theconversation.com/100-degrees-in-siberia-5-ways-the-extreme-arctic-heat-wave-follows-a-disturbing-pattern-141442" target="_blank">extreme heat waves</a> to <a href="https://science2017.globalchange.gov/chapter/12/" target="_blank">sea level rise</a>. But while the challenge is daunting, there is hope. Solar and wind power have become the <a href="https://www.irena.org/publications/2020/Jun/Renewable-Power-Costs-in-2019" target="_blank">cheapest forms of power generation globally</a>, and technology progress and innovation continue apace to support a transition to clean energy.</p><p>In the U.S. under a Biden administration, long-term national climate legislation will depend on who controls the Senate, and that won't be clear until after two run-off elections in Georgia in January.</p><p>But there is no shortage of <a href="https://www.bloomberg.com/features/2020-biden-climate-change-advice/" target="_blank">ideas for ways Biden</a> could still take action even if his proposals are blocked in Congress. For example, he could use executive orders and direct government agencies to tighten regulations on greenhouse gas emissions; increase research and development in clean energy technologies; and empower states to exceed national standards, <a href="https://www.reuters.com/article/us-autos-emissions-california/defying-trump-california-locks-in-vehicle-emission-deals-with-major-automakers-idUSKCN25D2CH" target="_blank" rel="noopener noreferrer">as California did in the past with auto emission standards</a>. A focus on a just and equitable transition for communities and people affected by the decline of fossil fuels will also be key to creating a sustainable transition.</p><p>The U.S. position as the world's largest oil and gas producer and consumer creates political challenges for any administration. U.S. forays into European energy security are often treated with suspicion. Recently, France blocked <a href="https://www.wsj.com/articles/frances-engie-backs-out-of-u-s-lng-deal-11604435609" target="_blank">a multi-billion dollar contract</a> to buy U.S. liquefied natural gas because of concerns about limited emissions regulations in Texas.</p><p>Strengthening cooperation and partnerships with like-minded countries will be critical to bring about a transition to cleaner energy as well as sustainability in agriculture, forestry, water and other sectors of the global economy.</p>
Creating a Global Sustainable Transition<p>How the world recovers from COVID-19's economic damage could help drive a lasting shift in the global energy mix.</p><p>Nearly one-third of Europe's US$2 trillion economic relief package <a href="https://www.bloomberg.com/news/articles/2020-07-21/eu-approves-biggest-green-stimulus-in-history-with-572-billion-plan" target="_blank" rel="noopener noreferrer">involves investments that are also good for the climate</a>. The European Union is also strengthening its 2030 climate targets, though each country's energy and climate plans will be critical for successfully implementing them. The <a href="https://joebiden.com/clean-energy/" target="_blank" rel="noopener noreferrer">Biden plan</a> – including a $2 trillion commitment to developing sustainable energy and infrastructure – is aligned with a global energy transition, but its implementation is also uncertain.</p><p>Once Biden takes office, Kerry will be joining ongoing <a href="https://www.un.org/en/conferences/energy2021/about#:%7E:text=The%20overarching%20goal%20of%20the,2030%20Agenda%20for%20Sustainable%20Development.&text=Accelerate%20delivery%20of%20United%20Nations,related%20issues%20at%20all%20levels." target="_blank" rel="noopener noreferrer">high-level discussions on the energy transition</a> at the U.N. General Assembly and other gatherings of international leaders. With the U.S. no longer obstructing work on climate issues, the G-7 and G-20 have more potential for progress on energy and climate.</p><p>Lots of technical details still need to be worked out, including international trade frameworks and standards that can help countries lower greenhouse gas emissions enough to keep global warming in check. <a href="https://www.carbonpricingleadership.org/what" target="_blank" rel="noopener noreferrer">Carbon pricing</a> and <a href="https://www.csis.org/analysis/how-can-europe-get-carbon-border-adjustment-right" target="_blank" rel="noopener noreferrer">carbon border adjustment taxes</a>, which create incentive for companies to reduce emissions, may be part of it. A consistent and comprehensive set of national energy transition plans will also be needed.</p><p>The global shift to <a href="https://www.irena.org/publications/2019/Jan/A-New-World-The-Geopolitics-of-the-Energy-Transformation" target="_blank">clean energy will also have geopolitical implications for countries and regions</a>, and this will have a profound impact on wider international relations. Kerry, with his experience as secretary of state in the Obama administration, and Biden's plan to make the climate envoy position part of the National Security Council, may help mend these relations. In doing so, the U.S. may again join the wider community of countries willing to lead.</p>
- 14 States On Track to Meet Paris Targets - EcoWatch ›
- Biden Vows to Ax Keystone XL if Elected - EcoWatch ›
- Biden Names John Kerry as First-Ever Climate Envoy - EcoWatch ›
By Maria Caffrey
As we approach the holidays I, like most people, have been reflecting on everything 2020 has given us (or taken away) while starting to look ahead to 2021.