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Texas AG Sues Bastrop Plant Over 'Boiling Blood' Odors, Citing Public Health and Air Act Violations

Key Takeaways

  • Texas Attorney General Ken Paxton filed a lawsuit against Darling Ingredients for violating the Texas Clean Air Act.
  • The Clean Air Act treats strong odors affecting public health and quality of life as air contaminants, forming the basis of the lawsuit.
  • The Texas Commission on Environmental Quality (TCEQ) documented multiple environmental violations and ordered odor control plans which the company allegedly failed to implement.
  • The state is seeking civil penalties ranging from less than $250,000 to over $1 million, alongside injunctive relief requiring immediate odor cessation and real-time monitoring.
  • Allegations include improper equipment maintenance and failure to maintain required records, contributing to the ongoing odor problems.
Alright, imagine you're just trying to enjoy your backyard in Bastrop, maybe have a barbecue, and all you can smell is something absolutely awful. We're talking descriptions like 'boiling blood,' 'festering dog vomit on fire,' and even 'death.' Pretty grim, right? Well, that's exactly what people near a Darling Ingredients plant in Bastrop have been dealing with, and now Texas's top lawyer is stepping in. Attorney General Ken Paxton has filed a lawsuit against Darling Ingredients, an Irving-based company that turns used cooking oil, food waste, and animal byproducts into things like animal feed. The suit claims the smells coming from their Bastrop facility are so bad they're messing with residents' health and their ability to just live normally, sometimes up to 10 miles away. That's a huge radius for an odor problem. This isn't just about a stinky smell; it's a serious legal issue. The lawsuit points to violations of the Texas Clean Air Act. Now, you might think, 'air pollution is usually about smoke, not just smells.' But the law here says that strong, offensive odors count as air contaminants if they hurt public health or your quality of life. And residents have certainly been hurting. Folks have filed hundreds of complaints with the Texas Commission on Environmental Quality (TCEQ) since last October. They're talking about smells like dog food, cooked grease, and burning feathers. It's not just unpleasant; it's a potential health hazard. Regulators are worried the plant might be letting off too much hydrogen sulfide, which is a colorless, highly toxic gas known for smelling like rotten eggs. Now, the state's environmental watchdogs at TCEQ aren't new to this. They've already slapped Darling with several environmental violations and told them to come up with a plan to get these odors under control. But the lawsuit says the company just hasn't followed through. On top of that, the state alleges Darling hasn't kept up with equipment maintenance or properly kept required records. That's a big deal when you're dealing with industrial processes that impact the air we breathe. Darling Ingredients, for its part, has said it wants to be a 'good neighbor' and protect health and safety. They've even got a website up where Texans can check out what they're doing to fix things. But for the AG's office, it's clear those efforts haven't been enough to stop the daily suffering of Bastrop residents. Paxton made it pretty clear in a press release: 'Texans should not be forced to endure offensive and harmful odors in their own communities, especially when a company is failing to comply with the standards required by law.' He added that Darling can't put its production goals ahead of the community's well-being. This isn't just a suggestion; it's the law. So, what's the state asking for? They're not just looking for an apology. They want civil penalties that could range from less than $250,000 to over a million dollars. That's a serious chunk of change. More importantly, they want the plant to fix the problem right now. That means stopping the odors immediately, making sure they're following all environmental permits, and installing real-time hydrogen sulfide monitors to keep tabs on emissions. It's about protecting fundamental rights to clean air and a peaceful home life for Texans.