Permit Hearing for Taiwanese Plastic Plant in Louisiana Turns into a Referendum on Environmental Racism

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โ€œYou donโ€™t give a shit about brown and black people,โ€ Louisiana activist Cherri Foytlin told government officials during a heated public permit hearing for a proposed plastics plant in St. James Parish. The parish is a predominately African-American community on the banks of the Mississippi River and has undergone rapid industrialization in recentย years.

โ€œThis is a dog-and-pony show and everybody in this room knows it,โ€ she asserted, afterย theย hearing officer cut off the sound system while Foytlin was giving her public comments. The officer, O.C. Smith, attorney for the Louisiana Office of Coastal Management, did this declaring that the hearing was no longer on theย record.

About 40 people attended the December 6 hearing in Valcherie, an unincorporated community in St. James Parish, Louisiana, located 50 miles west of New Orleans. It wasย held by representatives from the U.S. Army Corps of Engineers, the Louisiana Department ofย Environmental Quality (DEQ), and the Louisiana Department of Natural Resources (DNR).

These agencies are consideringย whether to grant wetlands usage permits and water quality certification for a $9.4 billion chemical plant proposed by Taiwanese industrial giant Formosa Petrochemical Corp., which needs these approvals before it can breakย ground.ย 

โ€˜The Sunshine Projectโ€™ That Would Makeย Plastics

The proposed chemical complex, called the Sunshine Project (ostensibly due to its proximity to the Sunshine Bridge),ย would beย built on 1,600 acres along the west bank of St. James Parish and would operate continuously, day and night, not far from African-Americanย communities.ย 

The Baton Rouge Advocate reported that the complex would release considerable volumes of air pollutants, ranging from volatile organic compounds and nitrogen oxides (smog precursors) to formaldehyde and other carcinogens, according to the companyโ€™s permitย application.ย 

Before the community knew about the proposed project, the Taiwanese companyย was welcomed byย Gov. John Bel Edwards andย Louisianaโ€™s economic development agency. Don Pierson, the agencyโ€™s secretary, told the Baton Rouge Advocate that state and local officialsย offeredย an estimated $1.5 billion in incentives to Formosa to bring the plastics complex to this location along the Mississippiย River.

St. James Parish is locatedย along a stretch of Mississippi River between New Orleans and Baton Rouge known as the โ€œPetrochemical Corridorโ€ toย industry supporters and โ€œCancer Alleyโ€ to locals and environmentalistsย because it is lined with chemical plants and refineries known to emit cancer-causingย emissions.ย 

The early December permit hearing lasted over three hours, with most of that time filled with testimony from local residents and environmental and civil rights activists who vehemently opposed the plant. Other than a company representative, only one other person spoke in support of the proposed plasticsย facility.ย 

Janile Parks of Formosa at the plant's hearing in St. James Parish
Janile Parks, representative of Formosa, speaking at a public permitย hearing.

Janile Parks, director of community and government relations for the plant,ย was the first to speak at the hearing. She went over the ways the company intended to be a goodย neighbor, from helping develop a much-needed emergencyย evacuation route for the residents of St. James to job training for community members who might want to work at theย plant.ย 

โ€œAs part of our โ€˜Think Localโ€™ policy and our commitmentย to deliver environmental benefits to all stakeholders,ย we will soon start a communityย beautification project that involves improvements to Welcome Park in District 5 to provide children a safe place to play and a recreational areaย for our neighbors to enjoy,โ€ย Parksย said.

She touted the jobs the project would bring and explained how the plantโ€™s production ofย ethylene and other petrochemicals would be used to make products society demands, including plastic bottles, artificial turf, and polyesterย clothing.

Cancer Alley as a ‘Sacrificeย Zone’

Sharon Lavigne, a St. James residentย and director of RISE St. James, a recently formed community organization, pointed out thatย the promised improvements to neighborhood parks and schools are of little use when nearby industrial pollution already threatens community membersโ€™ย lives.ย 

In a letter to the editor of the Baton Rouge Advocate, Lavigneย wrote: โ€œTitle VI of the Civil Rights Act and Article IX of the Louisiana Constitution are supposed to protect Black communities from this type of environmental racism.ย Theyย havenโ€™t in Cancerย Alley.โ€

Sharon Lavigne, director of RISE St. James
Sharon Lavigne, director of RISE St. James, a newly created communityย group.

Meg Logue,* from the environmental advocacy group 350 New Orleans, pleaded with hearing officers to visit with community members as she has and listen to the losses their community has already faced. โ€œMake no mistake, continued petrochemical development is a death sentence for the people of St. James,โ€ sheย said.

Opponents to the project made the case that the state is turning communities in Cancer Alley into a sacrificeย zone.

Already home to hundreds of existing chemical plants and refineries, Cancer Alley has several other proposed projects underway, including Yuhuang Chemicalโ€™sย $1.85 billion methanol facility in St. James Parish and a $1.25 billion chemical complex proposed byย the Chinese chemical firm Wanhua, which would build its facility across the riverย from where Formosaโ€™s Sunshine Project would beย built.ย 

Meg Louge of 350 New Orleans
Meg Logue with 350 New Orleans speaking against Formosaโ€™s proposedย plant.

Many of the speakers, includingย Scott Eustis,ย a coastal wetland specialist forย Gulf Restoration Network (GRN) asked for anย environmental impact statement and an environmental justice analysis. The public comments submitted on behalf of GRN challenged Formosa to consider sites outside of African-Americanย communities.

โ€œFailure to even consider alternative sites that do not disproportionately affect minority or native populations would seem to violate title VI protections,โ€ GRNย wrote.

Scott Eustis of the Gulf Restoration Network
Scott Eustis speaking on behalf of the Gulf Restoration Network against the proposedย plant.

A written comment, submitted by the Louisiana Environmental Action Network, requested that the permits beย denied and/or suspended until the proposed project addresses the environmental justice communities โ€œin relation to the negative social economic, health and environmental impacts to be associated with the construction andย operation.โ€

The Role of Race in Governmentย Decisions

I asked the three permitting agencies that held the hearing if race will play a role in the decision-making process for Formosaโ€™sย proposal.ย 

In an email, Patrick Courreges, a spokesperson for DNR, wrote: โ€œNo, OCM [Office of Coastal Management, which is part of DNR] does not factor any questions of race into making a permitย decision.โ€

He added, โ€œIn considering Coastal Use Permit applications, the OCM looks at a range of issues, but the primary focus of the program is impacts of the construction and operation of a project on coastal systems such as wetlands and water, particularly such things as biological habitats, alterations of sediment transport, water quality, and coastalย erosion.โ€

Race also will not play a role in DEQโ€™s decision when considering granting a water quality certification, according to Gregory Langley, a spokesperson for DEQ.

But he added that environmental justice issues do play a role when the agency considers permits, and this project will need an air quality permit as well. However, that permit will be consideredย separately from the water quality certification which is required as DNR and the Corps decide on whether to grant Formosa a permit to build on designatedย wetlands.

Race, however, is a factor in theย U.S. Army Corps of Engineersโ€™ deliberativeย process.ย 

Rickyย Boyett, public affairs chief for the Army Corps’ New Orleans office, explained in an email: โ€œThe U.S. Army Corps of Engineers’ obligation is to address, within the scope of our statutory authority, whether our permit decision will have a disproportionate impact on minority and/or low-income populations.ย Every permit decision includes an environmental justice analysis that evaluates whether or not the proposed action will have a disproportionate effect on theseย communities.โ€

But even if racial discrimination factors into this project, racial injustice is unlikely to stop it. According to a report by the Center for Public Integrity, researchers with the U.S. Environmental Protection Agency under Obama concluded that Africanย Americans are subjected to higher levels of air pollution than white Americans,ย regardless of their wealth.ย Even so, Title VI complaints alleging environmental injustice generally end with no formal action on behalf ofย communities ofย color.ย 

Formosaโ€™s Record of Spills, Violations, andย Lawsuits

Members of VAYLA, a community group representing African Americans and Vietnamese Americans battling against a proposed natural gas plant in New Orleans East, spoke inย opposition to the Formosa plant. They brought up the companyโ€™s blemished record, including a Formosa steel millโ€™s toxic spill that killed tons of fish in Vietnam inย 2016.ย 

Mark Nguyen of VALYA
Markย Nguyen, with VAYLA,ย asked the government officials to โ€œlook at the quality of life over the dollars signs and vote with the people to oppose thisย plant.โ€ย 

Formosa has also been cited for environmental violations at locations in Louisiana and Texas and faces a lawsuit in Texas for plastic pollution on Gulf Coastย beaches.ย 

The companyโ€™s record is so bad that German environmental organization Ethecon Foundation awarded Formosa โ€œThe Black Planet Award,โ€ which it gives to companies deemed to be destroying theย planet.ย 

โ€˜Poisoning my people is notย civilโ€™

Pat Bryant, a New Orleans human rights activist, warned that people would rise up against the government for granting permits allowing more pollution, and that there would be a protest march from New Orleansย to Baton Rouge in Aprilย 2019.

Pat Bryant, New Orleans human rights activist
Pat Bryant speaking against Formosaโ€™s proposed plastics plant in St. Jamesย Parish.ย 

When the hearing officer cut off Foytlin, Bryant rose in her defense and spoke even after being told what he was saying was off the record.ย โ€œWhat is going on here is very profane. What you are doing is against humanity,โ€ย he said, adding that ifย Jesus were present, he would say, โ€œFuck you.โ€

Klie Kliebert, a New Orleans resident with family roots in St. James Parish, spoke after Foytlin and also defended her.ย โ€œYou want my people to be civil but this is not civil โ€” poisoning my people is not civil,โ€ Kliebert said.ย โ€œI’m opposed to racism, which means Iโ€™m opposed to thisย plant.โ€

Permit officer Smith gave Foytlin another chance to speak on the record at the end of the hearing, pointing out that she could say what she wanted as long as she didnโ€™t useย expletives.ย 

โ€œYou worry about our words while you poison our people,โ€ Foytlin responded, before calling Smith a racist and storming out of theย meeting.

Update 12/13/18: An earlier version of this story misspelled Meg Logue’s surname. We regret theย error.

Main image: Rita Copper, a resident of St. James Parish, holding a photo of a deceased friend who died of cancer. โ€œWe are already plagued with plants. They are killing us,โ€ she said while speaking out against Formosaโ€™s plant. Credit: All photos by Julie Dermansky forย DeSmog

Julie-Dermansky-022
Julie Dermansky is a multimedia reporter and artist based in New Orleans. She is an affiliate scholar at Rutgers Universityโ€™s Center for the Study of Genocide and Human Rights. Visit her website at www.jsdart.com.

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