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Louisiana EPA conflict of interest

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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).

Sherri White-Williamson collects a water sample in Sampson County NC (March 2021)

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In response to multiple concerns about water quality expressed by residents, EJCAN launched a water quality testing initiative with university-based collaborators from UNC Chapel Hill and Appalachian State University. Threats to water include but are not limited to industrialized agriculture. Industrialized hog feces contain pathogens, heavy metals, and antibiotic-resistant bacteria that growers store in large, open pit lagoons (Grant 1999; Wing et al. 2008; Blanchette 2019; Christenson et al. 2022). When operators spray the waste onto nearby fields, they also release air and waterborne contaminants. Scholars have linked airborne emissions from industrial hog operations to respiratory dysfunction, mood disorders, compromised immune function, anemia, kidney disease, tuberculosis, and low birth weight (Wing et al. 2000; Kravchenko et al. 2018; Guidry et al. 2018). Moreover, the odor is noxious, causing nausea, embarrassment, disorientation, and social loss in cultural continuity as people cease culturally meaningful practices like gardening, going for walks, or gathering outside to share food (Herring 2014; Blanchette 2019). The impacts to water include contamination, harmful algal blooms, fish kills, and eutrophication in rivers and estuaries, especially when hurricanes flood the inner coastal plains with industrialized animal waste (Wing et al. 2000; Wing et al. 2008; NCCN 2021; Emanuel 2018; Christenson et al. 2022). Access to water infrastructure in Sampson County is highly uneven, and residents have been advocating for improved access for more than a decade.