Plaintiffs to ask judge to fine Formosa Plastics $166M for polluting Texas waterways

Crossroads Today – ABC News
Aug 14, 2019

Click HERE to view the full article on Crossroads Today.

ANOTHER EXAMPLE OF TCEQ FAILING TO DO THEIR JOB!! 736 illegal discharges of plastic pellets into Lavaca Bay and 1,149 discharges into nearby Cox Creek.  Despite ongoing concerns from the community….TCEQ did NOTHING! Instead, this company was eventually taken down by a dedicated band of environmental heroes…citizens in action. POWER TO THE PEOPLE!

Excerpts:

“In his ruling, Judge Hoyt described Formosa as a “serial offender” and wrote that the company’s illegal discharges “are extensive, historical, and repetitive.” He wrote that evidence at the trial demonstrates that Formosa “has been in violation” of its Texas permit and that “the violations are enormous.”  In the past few years, Formosa has both continued to discharge pellets and attempted to clean up what it has discharged.”

“In his June ruling, following the first phase of the Formosa trial, Judge Hoyt found the company liable for 736 illegal discharges of plastic pellets into Lavaca Bay and 1,149 discharges into nearby Cox Creek. Judge Hoyt also found Formosa liable for failure to report the illegal discharges. “

VICTORIA, Texas – Plaintiffs Diane Wilson and San Antonio Bay Estuarine Waterkeeper will ask a federal judge to fine Formosa Plastics Corp. $166 million for illegally discharging billions of plastic pellets into Texas’s Lavaca Bay and Cox Creek. The plaintiffs – represented by Texas RioGrande Legal Aid (TRLA) and two private attorneys – will argue for the fine during the second, or “penalty phase,” of the Formosa trial, which has been scheduled for Oct. 28 in Victoria, Texas.

“The fine has to be more than a slap on the wrist,” said Amy Johnson, an attorney for TRLA who is representing Wilson. “Otherwise, Formosa will keep on polluting and other industry might consider skipping appropriate methods to discard waste. The fine must be an effective deterrent to Formosa and other industry who might consider destroying our great state.”

The $166 million in fines would be paid to the U.S. government. In a major win for the plaintiffs, U.S. District Judge Kenneth M. Hoyt on June 27 found Formosa’s Point Comfort facility liable under the Clean Water Act for illegally discharging plastic pellets into Lavaca Bay and Cox Creek. In his June ruling, following the first phase of the Formosa trial, Judge Hoyt found the company liable for 736 illegal discharges of plastic pellets into Lavaca Bay and 1,149 discharges into nearby Cox Creek. Judge Hoyt also found Formosa liable for failure to report the illegal discharges…..

Click HERE to view the full article on Crossroads Today.