Analyze

This supplementary legal document describes recommendations for storm- and waste-water management improvements for the Formosa petrochemical plant in Calhoun County, Texas. The text is a fairly standard drainage assessment. The author describes non-trivial discharge of pollutants out of the plant’s outfalls, which drain into local waters, and the inability of the plant’s systems to prevent flooding from even small storms. For some context on this, it is pretty standard to design a stormwater system to be able to drain the 100-year storm (that is, the storm with a 1% or less chance of occurring in any given year). Formosa’s Texas plant demonstrated the inability to convey even the 2-year storm.

Emphases are mine:

“Problem areas were identified based on the results from the outfall drainage studies provided by Formosa. Thus, all the results in the OPCC rely on those studies, uncertainities associated with those studies, and the assumptions made for those studies, some of which may or may not be appropriate as I pointed out in Supplement #2 [Page 4]” (3)

“The proposed improvements assume that the conveyance capacity of the problem areas is increased 100%, which would be able to handle twice as much flow that it currently does. The results from the Drainage Study are not conclusive as to what storm event Formosa’s system currently is capable of conveying. The report does mention that the system is not capable of conveying the 2-year storm, and “sometimes” not even the 1-year storm event.” (3)

“A 45% contingency is applied to the OPCC due to the uncertainties associated with underground utilities, likelihood of existence of low road crossings and need to replace those, groundwater impacts, other unknowns, and additional costs associated with engineering, etc. 45% is reasonable and in line with industry practices in my experience, especially given the large amount of unknown information available.” (4) 

“My opinion from my July 9, 2018 report that “there have been and are still pellets and/or plastic materials discharges above trace amounts through Outfall 001” is further supported by the deposition testimony of Lisa Vitale, as representative for Freese & Nichols, Inc, that she and her colleagues have seen floating white pellets or small plastic pieces in Lavaca Bay and in the area near outfall 001 as part of her work on the receiving water monitoring program for Formosa’s TPDES permit...Ms. Vitale also testified that she told John Hyak of Formosa about these sightings as well as has sent him water samples with the pellets about five or six times, including at least one time prior to 2010. This, along with the June 2010 EPA Report I cited in my July Report, demonstrates to me that Formosa was aware of problems related to discharges of plastics from its facility since at least in 2010.” (6)

"What does the lack in prominence of environmental coverage in German TV tell us about the general state of environmental journalism in Germany? It is almost impossible to draw con- clusions based on hard facts and numbers.There is no national organization of professionals in the media dealing with this topic like the Society of Environmental Journalists in the USA, for instance.That means there are also no statistics about how many editors, reporters, or producers would count themselves as environmental journalists; nobody is keeping track. Communications scholars, when asked about the number of environmental journalists in Germany, reply with: “That’s something I would also like to know; tell me if you find out.”There is no formal educa- tion, and only a few training opportunities are offered for established writers and editors who want to specialize in the field. In recent years, some well-qualified and experienced reporters on newspapers with influential voices have departed (or been made to depart) the publishing houses or even journalism per se, leaving a noticeable gap." (Schrader 2020)

"Summarizing, environmental journalism in Germany appears to be in a transition phase. Many traditional media and press outlets are struggling to keep their business model or find a new one. And reporting on air quality, biodiversity, or the climate beyond their often-superficial implications for national politics is not high on the list of priorities. Much of the work might be shifting to online publishing in new contexts and organizations, but those are still forming and far from settled."

The text doesn’t really go there because it seems to be taking CSR at face value - so it’s saying the corporation isn’t really doing CSR. Author isn’t arguing that CSR forecloses anything but that the corporation’s actions foreclose any “real” social responsibility.

They rename the things that people accuse them of, even as they acknowledge the accusation. They keep using the term “biosolids” instead of “hazardous waste” or “toxins”. They produced reports that denied each allegation. From their Our Environmental Values 2003 report: “In our opinion, the balance of evidence including testing and analysis by independent laboratories and the Indian government shows that the allegations against Coca Cola have not been substantiated.” They also tried to show progress against the accusations with their CSR initiatives - including reduction of water use ratio, rainwater harvesting, HIV AIDS projects - cooperating with USAID and UN. They also build up an image of corporate philanthropy with sponsoring sports, especially the Olympics and FIFA, and just branding by having their vending machines on college campuses. 

They tried to suppress a report that shows how toxic their waste is, and that it is useless as fertilizer (I did like the “extraordinary practice of distributing toxic wastes to the farmers as fertilizers” quote on 108). 

There’s no exploration of what corporate actors are thinking. Or really the villagers either. The corporation here is portrayed as willfully and knowingly destroying the lives and livelihoods of the marginalized people of India. The CSR reports are mostly empty and incorrect responses to the accusations coca cola faced, so they don’t really claim any help.

The corporation really denies its responsibility here… simply refusing to put on their labels the chemical makeup of their product. They do perform an extent of responsibility about the water usage, though they twist the words of the report commissioned by High Court of Kerala to make it seem like it’s really just the low rainfall that’s making a water shortage, and that the court endorses their continued use of the groundwater. The author says “independent study” in quotes - but doesn’t get into to what extent and the study was compromised. 

The article points out the differences in how Coca Cola behaves in the US and UK versus in India - the US products don’t contain pesticides and do comply to laws about levels of toxic materials in beverages. In the UK, complaints about the product led to recalls. In India they deny that the consumer has the right to know what poison chemicals are in the beverage even though Indian law does grant this right to consumers, even after the court has found there to be harmful and illegal levels of toxins in the beverages.

The corporation just doesn’t listen to the court demands that the state courts rule in India. The High Court of Rajasthan ruled that coca cola had to test the beverages and disclose on the labels the full composition, including chemicals that were found in the drink. Coca Cola just refused - they said it was not required by law, and didn’t even brand their action as CSR. Elsewhere they claimed that their levels complied with the law or were better. (Even though it was just not true in this case). “Not bound by law to make such a disclosure, and that if the water it uses does contain pesticides, the company could hardly be held responsible for it… ...Divulging information with regard to the presence or absence of DDT from its beverages was not relevant to the debate. It even went so far as to question the material relevance of such information imparted to the consumers, denying that the consumers had any right to an informed choice before selecting, buying, and consuming the products…. Refused to comply…” p114. They just complained this was part of trade war

Author says CSR rises alongside end of “golden age of capitalism” - and along with “accumulation by dispossession” (Harvey 2003). knowledge/discourse of CSR: corporation qualifies itself as a citizen to “live down the crises of legitimation/ confidence” p106.