Louisiana Court Reinstates Formosa Plastics' Air Permits, Narrowing Environmental Justice Scope
The Louisiana First Circuit Court of Appeal has reinstated Formosa Plastics' air permits, following a decision on January 19, 2024. The court's ruling has significant implications for environmental justice (EJ) analysis in Louisiana's permitting process.
The court accepted LDEQ's EJ analysis framework, which first assesses potential adverse impacts and then determines if these impacts are disparate. This approach aligns with the court's definition of EJ, which emphasizes fair treatment and meaningful involvement of all people, regardless of race, colour, national origin, or income.
The court noted that LDEQ had analysed disparate impacts and found the analysis adequate. However, it also limited EJ analysis in industrial facility permitting. The court ruled that clear evidence of discriminatory impact is required, and EJ analysis cannot override statutory compliance or technical permitting criteria.
Community engagement is a crucial aspect of the permitting process. The court acknowledged that LDEQ provided an opportunity for public engagement and considered community concerns. Permit applicants are advised to obtain and consider public input, and ensure a robust EJ analysis is well-documented in the permitting record.
The court's decision may lead to more permit challenges based on the adequacy of EJ analyses in Louisiana. Permit applicants should be prepared to demonstrate a thorough EJ analysis that considers potential impacts, engages the community, and aligns with the court's ruling.
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