Texas’ top lawyer is taking a manufacturing company to court, saying its Bastrop plant smells like “boiling blood, and even death” and is making life miserable for people as far as 10 miles away.
Attorney General Ken Paxton filed a lawsuit Monday against Darling Ingredients, Inc., an Irving-based company that turns used cooking oil, food waste and inedible animal parts into animal feed and fertilizer. According to the lawsuit, odors coming from the facility have been described by residents as smelling like dog food, cooked grease and burning feathers.
The attorney general’s office says those smells are harmful. The lawsuit claims emissions from the rendering plant are interfering with residents’ health and their ability to enjoy places nearby and their land.
Jillian Fleming, the company’s global communications director, wrote in an email that Darling is “committed to being a good neighbor and protecting the health and safety of our employees and the communities where we operate.” Fleming also pointed to a website where Texans can learn more about the company’s ongoing efforts to address community concerns in the region.
Darling’s Bastrop facility processes poultry byproducts like raw chicken, blood, and feathers, along with used grease. The state argues those operations have created ongoing odor problems that violate state air quality laws.
The case was brought at the request of the state’s environmental regulator, the Texas Commission on Environmental Quality and is meant to enforce the Texas Clean Air Act, which the lawsuit states treats strong odors as air contaminants when they affect public health and quality of life.
Since October, hundreds of complaints from nearby residents have been filed to TCEQ. One person described the smell as “festering dog vomit on fire,” adding that they’d rather smell burning tires than the odors coming from the plant.
Regulators also believe the facility may be releasing excessive levels of hydrogen sulfide, a colorless, highly toxic, and flammable gas known for its smell of rotten eggs. TCEQ has documented multiple environmental violations and previously ordered Darling to submit plans to control the odors. The lawsuit says the company failed to follow through.
In addition, the state alleges Darling hasn’t properly maintained its equipment and hasn’t kept required records.
“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,” Paxton said in a press release.
“Darling must not sacrifice the quality of life of Texas citizens for its production goals,” the statement added. “My office will ensure that violations of Texas law are brought to an end and that the safety and livelihood of surrounding neighborhoods are protected.”
The state is seeking civil penalties that could range from less than $250,000 to more than $1 million. It’s also asking that the company fix the problems by stopping the odors immediately, complying with all environmental permits and installing real-time hydrogen sulfide monitoring.
Learn about The Texas Tribune’s policies, including our partnership with The Trust Project to increase transparency in news.
