Hyundai Steel’s Potential Economic Costs, Mercury Pollution & Drinking Water Threats Must Be Fully Evaluated Under Louisiana Public Trust Doctrine
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The Air Permit Application for the Facility Submitted to LDEQ Lacks Full Analysis Required by Law
The Louisiana Department of Environmental Quality must fully evaluate the veracity of local job claims, community impacts of taxpayer subsidies, and other economic ripple effects of Hyundai Steel’s proposed facility, according to new comments submitted today by Sierra Club. These analyses are required by law, under the Louisiana Constitution’s public trust doctrine.
There are many unanswered questions in Hyundai Steel’s application that LDEQ must investigate prior to issuing the proposed air permit, including the costs versus benefits for the local community. The comments say:
“LDEQ’s public trust duty requires a concrete, record-based answer to the central economic question: will the people who bear the environmental costs receive the economic benefits? It is not sufficient for LDEQ to answer that question through unsupported assumptions.”
Under the public trust doctrine, LDEQ must also thoroughly evaluate alternative locations for the Hyundai Steel facility and offer explanations for why other sites, especially those located in areas not already overburdened by toxic pollution, were not fully considered.
Additionally, LDEQ must take a closer look at Hyundai Steel’s projected mercury emissions, which are estimated at more than fourteen times the minimum level set by Louisiana. Mercury is a potent neurotoxin and even low-level exposures pose serious, long-term health risks.
The comments also call on LDEQ to consider the proposed facility’s long-term impacts on the local water supply, including whether saltwater intrusion could threaten the safety of drinking water.
This is the fifth set of comments submitted by Sierra Club to LDEQ identifying flaws, errors, and omissions in the air permit for Hyundai Steel’s proposed facility in Louisiana (see background section for more information on previous comments). Hyundai Steel has already made some improvements to its air permit application that will reduce pollution after facing pressure from Sierra Club and local advocates.
In response, Sierra Club released the following statements:
Margie Vicknair-Pray, Conservation Project Coordinator for Sierra Club’s Delta Chapter said: “The people of Ascension Parish have heard big promises before, and been let down nearly every time as they are forced to deal with the fallout from toxic pollution with nothing positive to show for it. Families deserve clear answers about what this project will mean for their health, their drinking water, and whether or not they can expect safe, family-supporting jobs in return for the taxpayer subsidies Hyundai is receiving. LDEQ has a duty to fully examine the real costs and benefits of this project and determine if there is a better location for this project. LDEQ needs to ensure that the people of Ascension Parish are not left paying the price while others reap the rewards.”
Rebecca McCreary, Sierra Club Attorney said: “Louisiana’s public trust doctrine requires more than assumptions. LDEQ has a constitutional obligation to determine, based on evidence, whether this project will truly benefit the public after accounting for its environmental, economic, and public health costs. That means carefully evaluating Hyundai Steel’s claims about jobs, alternative locations, and the long-term health and economic impacts on surrounding communities. The current air permit application does not meet those requirements.”
Additional Background:
The following is a list of prior comments submitted by Sierra Club to LDEQ regarding Hyundai Steel’s air permit:
February 12: Sierra Club submitted comments calling for LDEQ to hold public hearings and open a public comment period around Hyundai Steel’s air permit and a preliminary evaluation of flaws and errors in the application. (Comments)
April 1: Sierra Club submitted comments identifying additional errors, inconsistencies, and misrepresentations in Hyundai’s air permit application for its proposed steel plant and asked LDEQ not to expedite the permit as requested by Hyundai Steel. (Press release; Comments)
May 4: Sierra Club submitted expert comments, with detailed exhibits, demonstrating how the company failed to consider cleaner alternative technologies. (Press release; Comments; Exhibits 1-17 & Exhibits 18-35)
May 21: Sierra Club submitted comments about Hyundai Steel’s failure to establish safeguards on toxic dust from transportation and construction. (Press release; Comments)
June 19: Sierra Club submitted comments, called for an environmental justice project analysis. (Press release; Comments)
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