The U.S. Army Corps of Engineers (“Corps”) made a last-minute recall of a permit given to Formosa Plastics for the construction of a new petrochemical plant along the Mississippi River in St. James Parish, Louisiana.[1] The Corps explained in a recent court filing that “[d]urging its review of the permit, it has now come to the Corps’ attention that an element of the permit warrants additional evaluation.”[2] The motion came just a day before the court’s deadline for the agency to file its cross-motion for summary judgment.
Environmental advocacy groups and local residents had been pressing the Corps to deny Formosa the permit, arguing construction of the petrochemical plant would exasperate the public health concerns in St. James Parish.[3] The area is predominantly black and low-income; the per capita income is about 40% lower than the national average.[4]