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 ... ›
EcoWatch Daily Newsletter
- COVID-19 Masks Are Polluting Beaches and Oceans - EcoWatch ›
- Plastic Packaging Use Increases During the Coronavirus - EcoWatch ›
- Coronavirus Worsens Thailand's Plastic Waste Crisis - EcoWatch ›
- Coronavirus Plastic Waste Polluting the Environment - EcoWatch ›
Did you know that some snakes can fly?
The south Asian paradise tree snake (Chrysopelea paradisi) can launch itself into the air and glide from one tree branch to another. And when it does, it moves its body in waves in something known as aerial undulation. Scientists have long known how the snakes moved. But they didn't know why. Until now.
The Cube is home to a 23-camera motion capture system. Jake Socha
The snakes wore 11 to 17 infrared-reflective markers, which gave the team high-resolution data while still allowing the animals to move freely. Jake Socha
- 'Murder Hornets' Spotted in U.S. for the First Time - EcoWatch ›
- 5 Incredible Species That Glow in the Dark - EcoWatch ›
- 4 New Walking Shark Species Discovered - EcoWatch ›
The oceans could look much emptier by 2100, according to a new study that found that most fish species would not be able to survive in their current habitat if average global temperatures rise 4.5 degrees Celsius by the end of the century, as The Guardian reported.
- 'Oceans Are Sending Us so Many Warning Signals': New UN ... ›
- Record-Warm Oceans: How Worried Should We Be? - EcoWatch ›
- Fish and Fishermen Already Moving to Survive Climate Change ... ›
- Fish Are Losing Their Sense of Smell - EcoWatch ›
- Global Fisheries Have Declined Due to Ocean Warming ... ›
Independence Day weekend is a busy time for coastal communities as people flock to the beaches to soak up the sun during the summer holiday. This year is different. Some of the country's most popular beach destinations in Florida and California have decided to close their beaches to stop the surge in coronavirus cases.
- The U.S. Isn't in a Second Wave of Coronavirus – The First Wave ... ›
- COVID-19 Masks Are Polluting Beaches and Oceans - EcoWatch ›
- No Social Distancing or Mask Requirement at Trump's Mt ... ›
- Trump's Fireworks Show at Mt. Rushmore Is a Dangerous Idea, Fire ... ›
For some combat veterans, the Fourth of July is not a time to celebrate the independence of the country they love. Instead, the holiday is a terrifying ordeal. That's because the noise of fireworks – loud, sudden, and reminiscent of war – rocks their nervous system. Daily fireworks in many U.S. cities in recent weeks have no doubt been interfering with the sleep and peace of mind of thousands of veterans.
What Is PTSD?<p><a href="https://theconversation.com/veterans-refugees-and-victims-of-war-crimes-are-all-vulnerable-to-ptsd-130144" target="_blank">PTSD</a> can occur when someone is exposed to extreme exposure traumatic experience. Typically, the trauma involves a threat of death, serious injury, or sexual violence. Along with war veterans, it happens to refugees; to victims of gun violence, rape and other physical assaults; and to survivors of car accidents and natural disasters like earthquakes or tornadoes.</p><p>PTSD can also happen by witnessing trauma or its aftermath, often the case with <a href="https://www.psychiatry.org/patients-families/ptsd/what-is-ptsd" target="_blank">first responders</a> and <a href="https://www.psychologytoday.com/us/blog/the-many-faces-anxiety-and-trauma/202006/invisible-wounds-the-frontline-heroes" target="_blank">front-line workers</a>.</p><p>All this adds up to tens of millions of Americans. Up to 30% of combat veterans and first responders, and 8% of civilians, <a href="https://www.ptsd.va.gov/professional/treat/essentials/epidemiology.asp" target="_blank">fulfill the diagnostic criteria for PTSD</a>. And that criteria is not easily met: symptoms of PTSD include nightmares, flashbacks, intrusive trauma memories, difficulty sleeping, avoidance of reminders of trauma, negative emotions, and what we call "hyperarousal symptoms."</p>
Fireworks Can Trigger Flashbacks<p>Hyperarousal, a core component of PTSD, occurs when a person is hyper-alert to any sign of threat – constantly on edge, easily startled and continuously screening the environment.</p><p>Imagine, for instance, stepping down the stairs in the dark after hearing a noise; you're worried an intruder might be downstairs. Then a totally unpredictable loud sound explodes right outside your window.</p><p>For people with PTSD, that sound – reminiscent of gunfire, a thunderstorm or a car crash – <a href="https://theconversation.com/veterans-refugees-and-victims-of-war-crimes-are-all-vulnerable-to-ptsd-130144" target="_blank">can cause</a> a panic attack or trigger flashbacks, a sensory experience that makes it seem as if the old trauma is happening here and now. Flashbacks can be so severe that combat veterans may suddenly drop to the ground, the same way they would when an explosion took place in combat. Later, the experience can trigger nightmares, insomnia or worsening of other PTSD symptoms.</p><p>Those of us who set off fireworks need to ask ourselves: Are those few minutes of fun worth the hours, days, or weeks of torment that will begin for some of our friends and neighbors – including many who put their lives on the line to protect us?</p>
Who Else Is Affected?<p>Millions of others, though not diagnosed with PTSD, may similarly be affected by fireworks. <a href="https://adaa.org/about-adaa/press-room/facts-statistics" target="_blank">One in five Americans</a> have an anxiety disorder, many with symptoms of hyperarousal. Also impacted are those with autism or developmental disabilities; they find it difficult to cope with the noise, or just the drastic change from life routines. Then there are people who have to work, holiday or not: nurses, physicians and first responders, who have to be up at 4 a.m. for a 30-hour shift.</p><h3>How to Reduce the Negative Impact</h3><p>There are ways to reduce how fireworks affect others:</p><ul><li>For those with PTSD, the unexpected nature of fireworks is probably the worst part. So at least make it as predictable as possible. Do it in designated areas during designated times. Don't explode one, for instance, two hours after the designated time window. And avoid setting them off <a href="https://www.theguardian.com/society/2018/jul/04/fireworks-ptsd-fourth-of-july-veterans-shooting-survivors" target="_blank">on the 3rd</a>. People are less prepared then.</li><li>If you're aware that a veteran or trauma survivor lives in the neighborhood, move the noise as far as possible from their home and give them prior warning. Consider putting a sign in your front yard noting the time you'll set the fireworks.</li><li>Remember, it doesn't have to be super loud to make it fun. Consider using <a href="https://thehill.com/opinion/energy-environment/504964-its-time-for-silent-fireworks" target="_blank">silent fireworks</a>. And you don't have to be the one who lights the fireworks. Simply enjoy watching while your city or township does it safely.</li></ul>
- 4 Ways Acupuncture Helps Restore Balance to the Body - EcoWatch ›
- Why Can't Veterans Get Medical Marijiuana for PTSD When People ... ›
Koala populations across parts of Australia are on track to become extinct before 2050 unless "urgent government intervention" occurs, warns a year-long inquiry into Australia's "most loved animal." The report published by the Parliament of New South Wales (NSW) paints a "stark and depressing snapshot" of koalas in Australia's southeastern state.
- First Koalas Rescued From Bushfires Returned to the Wild - EcoWatch ›
- Koalas Found 'Massacred' at Logging Site - EcoWatch ›
- Koalas Become 'Functionally Extinct' in Australia With Just 80000 Left ›
- Koalas Face Extinction Threat After Wildfires: New Report - EcoWatch ›
By Jeff Berardelli
For the past year, some of the most up-to-date computer models from the world's top climate modeling groups have been "running hot" – projecting that global warming may be even more extreme than earlier thought. Data from some of the model runs has been confounding scientists because it challenges decades of consistent projections.
International Effort to Evaluate Climate Models<p>For the past 25 years the international community has been evaluating and comparing the world's most sophisticated climate models produced by various teams at universities, research centers, and government agencies. The effort is organized by the World Climate Research Programme under the United Nations World Meteorological Organization.</p><p>Climate models are complicated computer programs composed of millions of lines of code that calculate the physical properties and interactions between the main climate forces like the atmosphere, oceans, and solar input. But models also go a lot further, incorporating other systems like ice sheets, forests, and the biosphere, to name a few. The models are then used to simulate the real-world climate system and project how certain changes, like added pollution or land-use changes, will alter the climate.</p><p>Every few years there is a new comprehensive international evaluation called the Coupled Model Intercomparison Project (CMIP). In the sixth such effort, known as CMIP6 and now under way, experts are reviewing about 100 models.</p><p>Information gleaned from this effort will act as a scientific foundation for the U.N.'s Intergovernmental Panel on Climate Change (IPCC) next major assessment report, scheduled for release in 2021. The goal of the report – the sixth in 30 years – is to inform the international community about how much the climate has changed, and, importantly, how much change can be expected in coming decades.</p>
A Conundrum Emerges<p>Over the past year, the CMIP6 collection of models being reviewed threw researchers an unexpected curveball: a significant number of the climate model runs showed substantially more global warming than previous model versions had projected. If accurate, the international climate goals would be nearly impossible to achieve, and there would be significantly more extreme impacts worldwide.</p><p>A foundational experiment in every report addresses "sensitivity": If you double levels of carbon dioxide (CO2) that were in the air before the Industrial Revolution, how much warming do the models show? This doubling is not expected for a few more decades, but it is a quick way to communicate the critical role of greenhouse gases in changing the climate.</p><p>The amount of CO2 in the atmosphere has increased by 35% since the 1800s because of the burning of fossil fuels. As a result, global temperatures have already increased by more than 2 degrees Fahrenheit.</p><p>In the first IPCC assessment report, published in 1990, the answer to that question about the impact of doubling carbon dioxide gave a fairly wide range of results – between 2.7-8 degrees F of global warming. Since then, four more assessments issued six to seven years apart reached nearly the exact same conclusion on sensitivity.</p><p>But that sensitivity may, for the first time, change significantly in next year's assessment. Why? Because starting last year, numerous models in the CMIP6 collection displayed even bigger spikes in temperature upon doubling of CO2 concentrations. We're in serious trouble if the climate sensitivity falls in the mid or upper range of the previous assessments. But if the new, higher estimates are correct, the impacts on civilization would be catastrophic.</p>
In the above CarbonBrief interactive visualization, the bars offer a comparison in the range of sensitivity in the CMIP5 models (gray) and CMIP6 models (blue).
New and Encouraging Evidence Is Emerging<p>At first, scientists were uncertain whether the new model runs were on to something, so the international modeling community dug in to produce multiple studies. The results are not yet conclusive, but a gradual collective sigh of relief seems to be materializing.</p><p>"Evidence is emerging from multiple directions that the models which show the greatest warming in the CMIP6 ensemble are likely too warm," explains Dr. Gavin Schmidt, director of NASA's Goddard Institute for Space Studies.</p><p>For example, <a href="https://www.earth-syst-dynam-discuss.net/esd-2020-23/" target="_blank">a study</a> released April 28 evaluated the past performance of the models making up the CMIP6 ensemble. The team assigned weights to each model based upon historical performance of their warming projections, weighing the poorer performing models less. By doing so, both the mean warming and the range of warming scenarios in the CMIP6 ensemble decreased, meaning the warmest models were the ones with weaker historical performance. This result supports a finding that a subset of the models are too warm.</p><p>That conclusion is supported by another new study evaluating one particular model – the Community Earth System Model (CESM2) – that showed greater warming. Using that model, the researchers simulated the climate in the early Eocene era, about 50 million years ago, when rainforests thrived in the Arctic and Antarctic. The CESM2 simulated a historical climate that seems way too warm compared with what is known about that era from geological data, indicating that the model is likely also too warm in its future projections.</p><p>Two other recent studies of the CMIP6 models being evaluated use clever analysis methods to <a href="https://www.google.com/url?q=https://www.earth-syst-dynam-discuss.net/esd-2019-86/&sa=D&ust=1589209938203000&usg=AFQjCNHYwFB-1KqndGfJ4sXdrrm9DpbLaQ" target="_blank">narrow the range</a> of future warming projections and also <a href="https://www.google.com/url?q=https://advances.sciencemag.org/content/6/12/eaaz9549&sa=D&ust=1589209938203000&usg=AFQjCNEhKY1YZ19qgjSZ_hJM14JmzqXOXw" target="_blank">reduce the projected warming</a> of the CMIP6 models by 10 to 15%.</p><p>Through the intensive research spurred by the CMIP6 climate-sensitivity curveball, scientists have been able to turn a confounding challenge into a confidence builder, providing even greater certainty than they had before in both the abilities of the climate science community and in the computer models used. Moreover, the experience has helped unearth uncertainties remaining in the modeling process.</p><p>Experts conclude much of this uncertainty probably lies in the complexity of clouds. "We have been looking as a community at why the models with greater warming are doing what they are doing – and it's tied to cloud feedbacks in the southern mid-latitudes mostly," explains Schmidt.</p><p>In fact, <a href="https://advances.sciencemag.org/content/6/26/eaba1981" target="_blank">a new study</a> addressing the increased sensitivity was published in Science Advances stating, "Cloud feedbacks and cloud-aerosol interactions are the most likely contributors to the high values and increased range of ECS [sensitivity] in CMIP6."</p>
Understanding the Complexity of Clouds<p>It's long been known in climate modeling circles that cloud processes and interactions are a potential weak link for climate modeling. That reality has been brought front and center by the urgent challenges posed during this CMIP6 evaluation period, but the current evaluation of models also provides an opportunity for discovery and improvement.</p><p>Cloud complexity comes from the reality that clouds have a multitude of sizes, altitudes, and textures. Some clouds cool Earth by providing shade, reflecting sunlight back into space. Others act like a blanket, trapping heat and warming the world.</p><p>Given that about <a href="https://www.nasa.gov/vision/earth/lookingatearth/icesat_light.html" target="_blank">70% of the globe</a> is covered by clouds at any given time, it's no surprise that they play an integral role in regulating the climate. The challenge is to figure out which types of clouds will increase, which will decrease, and what the net effect will be on cooling or warming as the climate changes.</p><p><a href="https://www.nature.com/articles/s41561-019-0310-1" target="_blank">One study</a> last year reached an alarming conclusion: Left unchecked, the release of CO2 into the atmosphere may lead to a tipping point where shallow low clouds disappear – leading to runaway, catastrophic warming of nearly 15 degrees F. While scientists see that outcome as only a remote possibility, it drives home the urgent need to better understand clouds.</p><p>"We have a saying at NOAA: It isn't rocket science – it's much, much harder than that," quips Dr. Chris Fairall, ATOMIC's lead investigator. "One of the major problems for modeling is there is not clean separation of scales." The photo below is one that Fairall took from the NOAA P-3 aircraft.</p>
Investigating the Secrets of Clouds<p>To address the urgent question about the dynamics and role of clouds in a warming world, NOAA and European partners launched their ongoing research effort unprecedented in scale. The U.S. contribution, ATOMIC – short for Atlantic Tradewind Ocean-Atmosphere Mesoscale Interaction Campaign – is an international science mission that was featured recently on "<a href="https://www.cbsnews.com/video/study-aims-to-examine-links-between-climate-change-and-clouds/" target="_blank">CBS This Morning: Saturday</a>."</p>
- New Climate Study: Most Severe Warming Projections Are Now the ... ›
- 7 of the Best New Documentaries About Global Warming - EcoWatch ›
- What's in a Name? Global Warming vs. Climate Change in the Eyes ... ›