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Louisiana EPA conflict of interest

tschuetz
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Facing a pivotal federal investigation into Louisiana’s relationship with petro-chemical companies, the state’s attorney general hired lawyers who were simultaneously representing one of the main corporations at the center of the investigation, documents reveal.

The revelations, contained in documents released under public records requests, have led to allegations of a major conflict of interest and come just weeks after the Environmental Protection Agency [EPA] dropped its civil rights investigation.

Internal emails, contracts and payments, show that the office of the attorney general, Jeff Landry, hired two lawyers to enter closed-door negotiations with the EPA during the 14-month civil rights investigation. But John King and Tim Hardy were also representing the Taiwanese chemicals firm Formosa in separate litigation, challenging a decision to revoke the company’s state air permits. (Moran and Sneath 2023).

Formosa's "bidding war" between Texas and Louisiana

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In the 1980s, Formosa Plastics Corporation purchased financially struggling petrochemical plants in Delaware, Texas, and Louisiana. The company subsequently shifted its operations to Texas and Louisiana, where a competitive bidding process ensued between the two states, both of which were known for industry-friendly policies (Tubilewicz 2021). As political scientist Tubilewicz (2021, 16) has argued, the politics surrounding Formosa's investments in these states were not purely motivated by profit but were also shaped by the ongoing struggles of sub-state actors such as politicians and NGOs over issues of internationalization and representation in global affairs.

An example of this can be seen in Formosa's attempt to build a rayon fiber plant in Louisiana's St. John Parish in the late 1990s, an area also known as "Cancer Alley." Protests broke out due to concerns about massive tax exemptions, displacement of Black residents, and the plant's location on the historic Whitney Plantation (Tubilewicz 2021, 11). However, the project was eventually abandoned due to declining market demand and delays. In addition, the local St. John Governor was indicted for illegal industrial rezoning of land around the plantation and receiving $200,000 in real estate commission (Tubilewicz 2021, 11).

9. What does this organization seem to find methodologically challenging in dealing with environmental governance?

annlejan7
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While the organization was founded by Taiwan's citizens to uphold environmental justice movements centered on Taiwanese citizens, its involvement in Vietnam's Formosa case signals that the organization itself may be broadening their scope in future endeavors. In leveraging its resources to seek redress for victims outside of Taiwan, ERF may need to extend their networks to international agencies as well as engage with communities not directly reachable to its workers. As Vietnam's Formosa case also concerns dealings with an authoritarian government, restrictions on speech, police brutality, and censureship on the part of Vietnam's government may render it difficult for ERF and affiliated agencies to obtain all relevant information pertaining to the case.

7. What events or data seem to have motivated their ways of thinking about environmental governance?

annlejan7
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Environmental Rights Foundation (ERF)  was founded due to the result of the court settlement regarding the lawsuit on the 3rd phase expansion of Central Taiwan Science Park (CTSP) between farmers and the government. As such, the organization’s focus remains centered on ensuring community members' environmental rights across different government development plans.

6. What data or reports has this organization produced or or used to support their approach to community engagement?

annlejan7
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https://erf.org.tw/news/ 


ERF has published over 150 press releases documenting their engagement communities in seeking government actions to address environmental disasters. These press releases include up-to-date news on each relevant environmental justice case the agency is currently working on. One example of a recent press release includes information issued by the Formosa Plastics Vietnam Steel Alliance, which consists of six non-governmental organizations supervising the case. Statements issued within this press release comes from members of Amnesty International Taiwan, Reporters  without Borderes, Environmental Lawyer's Association, and the Environmental Rights Protection Foundation. 

4. What other organizations does this organization interact and collaborate with?

annlejan7
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In regards to the Formosa case, ERF has collaborated with the Justice for Formosa Victims (JFFV)- a Vietnamese-American based organization- to coordinate efforts in seeking redress to affected communities.

3. What has this organization done through research or legislation?

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  • Drawn from website,community engagement  activities undertaken by ERF in Taiwan includes:

    • At Reservoir Planning Areas: ERF has organized the International Day of Action for Rivers events on March 14 for two consecutive years in 2018 and 2019. The events aim at drawing the society’s attention on reservoir issues through local concerts or speed-walking events.

    • At Solar Power Planning Areas: ERF has organized with local indigenous people the Tribe Land and Sunshine Workshop so that the local communities know more about solar energy and the practicing of indigenous peoples’ right of consultation and consent and the right of benefit sharing.

    • At So-to-Be-Eliminated Fishing Villages Whose Land is Acquired by the Tourism Industry and Hotels: ERF organizes courses on urban planning procedures and more.

    • Near Factories of the High Technology Industry: ERF organizes courses on communities’ right to know, health risk reports, and more.

  • The organization has also established the following:

  • Citizen Monitoring the Sixth Naphtha Cracker Environmental Rights Promotion Action Platform (Citizen Monitoring the Sixth Naphtha Cracker Platform): The Sixth Naphtha Cracker of Formosa Plastics is the largest petrochemical industrial park in central Taiwan, impacting the local environment and the health of residents greatly. Research has shown that the incidence of cancer is significantly higher in residents living near the petrochemical industrial park. Taixi Village of Changhua even has the name “cancer village”. The platform was co-established by civic organizations and local residents, aiming at urging the government to enhance its capability of environmental governance and conduct adequate environmental monitoring to realize the public’s right to know.

  • Legalization of Unregistered Factories on Agricultural Land: At present, there are over 134,500 unregistered factories on agricultural land in Taiwan, occupying an area of 13,859 hectares. ERF has been working with civic organizations since 2017, organizing legal policy lobbying, urging the government to amend laws and regulations, and publicizing data and information for better policy tracking and judgement. 

  • Judicial Remedies for Transnational Corporation Pollution (Ocean Pollution of Formosa Ha-Tinh Steel Corporation): ERF organized a lawyer group to assist the 7,875 Vietnamese victims. We filed for a civil lawsuit for compensation against the shareholders and board of directors of Formosa Ha-Tinh Steel Corporation, hoping that transnational corporations bear responsibilities of pollution.

2. Who is their membership comprised of?

annlejan7
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ERF members include lawyers and environmental experts.  The board of directors of the ERF are nominated by governmental authorities, local farmers, lawyers, and environmental experts. Of special note to this case is Hsin-Hsuan Sun, a researcher at ERF. She maintains  an active online presence to educate others on the progress of the Formosa case in Vietnam and raise awareness on international policy developments with direct relevance to environmental justice cases. For example, her recent tweets call for greater involvement of underprivileged and indigenous communities in renewables development.

1. What is the aim of this organization?

annlejan7
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 The Environmental Rights Foundation (ERF) is a non-profit  based in Taiwan, Asia, that aims to support environmental grassroots movements, strengthen civic participation, promote information disclosure, and defend the communities for the right to live with a better environment.