1 19Th Judicial District Court Parish of East Baton Rouge State of Louisiana Rise St. James, Louisiana Bucket Brigade, Sierra Cl
19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA RISE ST. JAMES, LOUISIANA BUCKET * BRIGADE, SIERRA CLUB, CENTER FOR * BIOLOGICAL DIVERSITY, HEALTHY * Case No.: 694,029 GULF, EARTHWORKS, and NO WASTE * LOUISIANA, * Section: 27 Petitioners, * v. * Judge: Trudy White * LOUISIANA DEPARTMENT OF * ENVIRONMENTAL QUALITY, * Defendant. * PETITIONERS’ BRIEF IN SUPPORT OF THEIR PETITION FOR JUDICIAL REVIEW Petitioners RISE St. James, Louisiana Bucket Brigade, Sierra Club, Center for Biological Diversity, Healthy Gulf, Earthworks, and No Waste Louisiana (collectively, “Petitioners”) respectfully submit this brief in support of their petition for judicial review of the Louisiana Department of Environmental Quality’s (“LDEQ’s”) final January 6, 2020, decision granting a Prevention of Significant Deterioration (“PSD”) Permit and 14 Title V/Part 70 Air Operating Permits to FG LA LLC (“Formosa Plastics”)1 to construct and operate 14 separate major plants (“Chemical Complex”) in St. James, Louisiana (“Decision”). LDEQ issued all 15 permits pursuant to this single Decision. INTRODUCTION LDEQ’s Decision authorizing construction of Formosa Plastics’ Chemical Complex in District 5 of St. James Parish violates the (1) public trustee duty mandated by the Louisiana Constitution, (2) Clean Air Act (and state regulations implementing the Act), and (3) state statute requiring the agency to consider how its action will impact the Parish master land use plan. LDEQ is entrusted with making decisions that affect the environment—indeed, the very air that we breathe. As such, the Louisiana Supreme Court made plain that the agency “must act with diligence, fairness and faithfulness to protect this particular public interest in the resources.” 1 FG LA LLC, the entity to which LDEQ issued the Permits, is part of Formosa Plastics Group, a Taiwanese-based conglomerate.
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