A legal challenge surrounding a proposed $9.4 billion plastics facility has been dismissed by a federal judge.
Taiwan-based company Formosa Plastics Group (FG) had been engaged in a legal battle involving its plans for the construction of a new complex among 10 chemical plants and four other complexes in Welcome, but the case was dismissed Jan. 1 by District Judge Randall Moss at federal court in Washingon, D.C. while the Army Corps of Engineers is reviewing its permit for the project.
The challenge was brought by the Center for Biological Diversity based in Tucson amidst concerns for air quality and potential pollution of the surrounding areas, a region that is approximately 97% Black, according to the Census Bureau. As the challenge unfolded, the Army Corps decided to review its permit and review viable project sites, including five predominantly White regions that were excluded in the first search.
A legal challenge surrounding a $9.4 billion project for a plastic facility has been dismissed by a federal judge.
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“FG continues to cooperate with the Corps throughout this process and sincerely hopes the permit reevaluation will be handled in a thorough and expeditious manner so the permit analysis will be even stronger once the reevaluation is complete," FG director of Community and Government Relations Janile Parks said.
Moss wrote in his decision that the dispute was whether the Court should retain jurisdiction while the matter is on remand to the Corps or dismiss the complaint.
"If the Corps subsequently reinstates the permit or issues a modified permit to which Plaintiffs object, Plaintiffs can, in the view of the Corps and FG, simply bring a new action; there is no reason, however, to retain jurisdiction pending the agency’s further decision," Moss wrote.
"Although a close question, the Court agrees with the Corps and FG that dismissal is the most prudent course."
This case is not alone in its reevaluation as 14 other air quality permits in Louisiana have also been ordered to be reexamined by the Department of Environmental Quality.
Center for Biological Diversity (CBD) attorney Julie Teel commended the decision, stating that the lawsuit “forced the Corps to suspend and reevaluate its permit decision for this massive super-polluting petrochemical complex," according to reporting by the AP.
However, if the Corps does approve the permits for the project once again, Teel stated that the CBD is willing to return to court “to block this monstrous project.”
Two primary sites of interest include Ascension Parish and St. James Parish, which are approximately 72.6% White and 48.8% Black, respectively. In addition to the renewed analysis, the CBD also called to draft an environmental impact statement, which was excluded before.