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<p>Their suit against <a href="http://www.fpcusa.com/" target="_blank">Formosa Plastics Corp. USA</a> resulted in a $50-million-dollar <a href="https://static1.squarespace.com/static/5b58f65a96d455e767cf70d4/t/5de5306c5fb6fb30a7bdd7dc/1575301231792/Final+consent+decree.pdf" target="_blank">settlement</a> 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.</p>
Formosa's plastics plant is seen dominating the landscape in Point Comfort, Texas. Julie Dermansky / DeSmogBlog<p>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 <span style="background-color: initial;">U.S.</span> District Judge Kenneth Hoyt determined the company had violated the <a href="https://www.ecowatch.com/tag/Clean-Water-Act" rel="noopener noreferrer">Clean Water Act</a> by discharging plastic pellets and <span style="background-color: initial;">PVC</span> powder into Lavaca Bay and Cox Creek in a June 27 ruling last year.</p><p>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.</p>
Diane Wilson is seen with volunteers before their meeting across the street from Formosa's Point Comfort manufacturing plant. Julie Dermansky / DeSmogBlog<p>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.</p>
Ronnie Hamrick picks up a mixture of new and legacy nurdles near Formosa's Point Comfort plant. Julie Dermansky / DeSmogBlog<p>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.</p>
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<p>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.</p>
Lawsuit Against Formosa’s Planned Louisiana Plant<p>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.</p><p><a href="https://www.wwltv.com/article/tech/science/environment/environmental-groups-challenge-formosa-permit/289-7189b6e0-9b09-4c02-b2c9-8b197f80b1da" target="_blank">The news</a> 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. </p><p>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 <a href="https://www.desmogblog.com/2020/01/07/formosa-sunshine-plastics-sharon-lavigne-environmental-justice" target="_blank">Sharon Lavigne, founder of the community group Rise St. James</a>, who lives just over a mile and a half from the proposed plastics complex in Louisiana.</p><p>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.</p>
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<p>In their Jan. 15 lawsuit, the groups, which also include Louisiana Bucket Brigade, and Healthy Gulf, point out that a <a href="https://www.victoriaadvocate.com/counties/calhoun/federal-judge-describes-formosa-as-serial-offender-in-ruling/article_8c6187b0-9964-11e9-a9d9-930b3ae798e8.html" target="_blank">Texas judge called Formosa's Point Comfort plant a "serial offender"</a> 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. </p>
Construction underway to expand Formosa's Point Comfort plant. Julie Dermansky / DeSmogBlog<p>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.</p>
Silhouette of Formosa's Point Comfort Plant looming over the rural landscape. Julie Dermansky / DeSmogBlog<p><a href="https://www.desmogblog.com/2020/01/08/gas-oil-plastics-lng-refining-climate-emissions-50-new-coal-plants" target="_blank">DeSmog's Sharon Kelly reported</a> that out of all the new or expanding <span style="background-color: initial;" rel="background-color: initial;" data-verified="redactor" data-redactor-tag="span" data-redactor-style="background-color: initial;">U.S.</span> refineries, liquefied natural gas (<span style="background-color: initial;" rel="background-color: initial;" data-verified="redactor" data-redactor-tag="span" data-redactor-style="background-color: initial;">LNG</span>) export projects, and petrochemical plants seeking air permits, Formosa's St. James plant would top the list of air polluters.</p><p>"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.</p>
From the Gulf Coast to Europe<p>Just a day after Wilson found apparently new nurdles in Point Comfort, <a href="https://www.plasticsoupfoundation.org/en/2020/01/plastic-soup-foundation-takes-legal-action-against-structural-plastic-pollution/?fbclid=IwAR2y6oYqp-hOEZdjCJTVZf2Tl9B0U_NiCSS2Oliy8ecREKSzLObxmWWL8ac" target="_blank">the Plastic Soup Foundation, an advocacy group based in Amsterdam, took legal steps to stop plastic pellet pollution in Europe</a>. On behalf of the group, environmental lawyers submitted an enforcement request to a <a href="https://www.dcmr.nl/en" target="_blank">Dutch environmental protection agency</a>, which is responsible for regulating the cleanup of nurdles polluting waterways in the Netherlands.</p><p>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.</p>
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<p>Besides polluting waterways, the <a href="https://www.desmogblog.com/2018/10/28/petrochemical-industry-america-rust-belt-plastics-fracking-climate" target="_blank">ongoing build-out of the petrochemical and plastics industry</a> doesn't align with efforts to keep global warming in check.</p><p>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. </p>
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<p>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.</p>
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<p><em>Reposted with permission from <a href="https://www.desmogblog.com/2020/01/18/diane-wilson-formosa-point-comfort-texas-plastic-pollution-settlement" rel="noopener noreferrer">DeSmogBlog</a>.</em></p>
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According to the UN Environment Program, up to 5 trillion single-use plastic bags are used globally each year, and because of the material they're made from, most municipal recycling centers don't accept them (more on this below).
The most sustainable option is to skip the bag altogether. You can also make your own reusable produce bags out of old T-shirts. But if you'd rather purchase them new, here are our recommendations for the best reusable produce bags on the market today.
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Organic Cotton Mart<p>Some shoppers prefer to use mesh bags when shopping for fruits and veggies. We recommend checking out <a href="https://www.amazon.com/Best-Reusable-Produce-Organic-Cotton/dp/B07CK2TJKL/ref=sr_1_16?crid=10A7NM0LQ0B7E&dchild=1&keywords=mesh+produce+bags&qid=1613483897&s=home-garden&sprefix=mesh+pro%2Cgarden%2C162&sr=1-16" target="_blank">Organic Cotton Mart's Reusable Cotton Mesh Produce Bags</a> if you're in this camp, as they're made with Global Organic Textile Standard (GOTS) certified cotton.</p> <p>Mesh reusable produce bags can make the checkout process easier than muslin bags since you can see what's inside them without having to open them up. Plus, the tare weight (i.e., the weight of the empty bag that should be subtracted from the total weight of your produce to make sure you don't pay extra for using your bag) is printed right on the label of Organic Cotton Mart's bags, making everything that much more convenient.</p> <p><strong>Customer rating:</strong> 4.6 out of 5 stars with nearly 1,000 Amazon reviews</p><strong>Why buy:</strong> GOTS certified; Machine washable; Biodegradable
Simple Ecology<p>On the other hand, if you just want to purchase muslin bags, we like <a href="https://www.amazon.com/Simple-Ecology-Reusable-Organic-Shopping/dp/B004UJ0U0C" target="_blank">Simple Ecology's Reusable Produce Bags</a>, which are also made with GOTS-certified organic cotton. Simple Ecology also has a <a href="https://www.amazon.com/dp/B01N6AUMBG/ref=sspa_dk_detail_2?psc=1&pd_rd_i=B01N6AUMBG&pd_rd_w=MA3ZS&pf_rd_p=cbc856ed-1371-4f23-b89d-d3fb30edf66d&pd_rd_wg=hVunQ&pf_rd_r=G6RTQ1Z5DKEY325MAJZ9&pd_rd_r=5d298b3a-1be7-4ebd-a9e1-d5d672a40497&spLa=ZW5jcnlwdGVkUXVhbGlmaWVyPUExMzc4RVAxWjNLOTdCJmVuY3J5cHRlZElkPUEwNTc0NTAwMzBDMjFYOVJPTUpWSCZlbmNyeXB0ZWRBZElkPUEwNjYyOTM4M0s4Vk81SVBPS1NFSyZ3aWRnZXROYW1lPXNwX2RldGFpbF90aGVtYXRpYyZhY3Rpb249Y2xpY2tSZWRpcmVjdCZkb05vdExvZ0NsaWNrPXRydWU=" target="_blank">starter kit</a> that comes with several reusable grocery bags if you're looking for more variety.</p> <p>The benefit of using muslin reusable produce bags is that, unlike mesh, there are no holes for small items to slip through. This means that in addition to larger produce, you can use them to purchase bulk foods like lentils, beans and rice — or even powders like flour or spices — without worrying about anything leaking. They're also best for keeping leafy greens fresh.</p> <p><strong>Customer rating:</strong> 4.7 out of 5 stars with nearly 1,500 Amazon reviews</p><strong>Why buy:</strong> GOTS certified; Machine washable; Biodegradable; Sustainable Forestry Initiative (SFI) certified packaging when purchased from manufacturer
ECOBAGS<p>Whether you're buying bread, fresh flowers, produce or all of the above, the <a href="https://www.amazon.com/ECOBAGS-Market-Collection-Reusable-Natural/dp/B08KFGPGN5" target="_blank" rel="noopener noreferrer">ECOBAGS Market Collection Reusable Bag Set</a> is ideal for <a href="https://www.ecowatch.com/farmers-markets-coronavirus-safety-2645581711.html" target="_self">farmers market</a> shopping or large grocery hauls. The netted bags are durable, flexible, and pack down small so they're easy to keep in your car or purse.</p> <p>ECOBAGS is a woman-owned certified B Corp, which means it uses sound social and environmental practices. These bags come in packs of three or five and have a few different handle lengths and color options, but they're all made with GOTS-certified organic cotton.</p> <p><strong>Customer rating: </strong>Not applicable</p><p><strong>Why buy:</strong> GOTS certified; Machine washable; Biodegradable; Certified B Corp; SA8000 certified for the protection of basic human rights of workers</p>