Just as many civil rights victories were secured in the courtroom, the expansion of the petrochemical industry, which threatens fundamental rights to clean air and water, can be fought with laws. First, we must be clear-eyed about our target. Petrochemicals are materials derived from crude oil, natural gas, and other fossil fuels. Simply put, it’s the stuff plastic is made of. Petrochemicals account for a significant share of global oil demand, burning through millions of barrels every day. The negative impacts of oil and gas development are well-documented, driving greenhouse gas emissions and fueling the climate crisis.
At the same time, petrochemicals are a blind spot for many. How many of us were raised to embrace disposable plastic plates, forks, and knives to make cleaning “easy” after a family gathering? Or count the number of extra packets, trinkets, and plastic pieces that fill the kitchen junk drawer? Not to mention benign household items like toothbrushes or children’s toys. We are surrounded by petrochemical products through plastics, rubbers, fertilizers, detergents, furniture, and countless more examples. We must recognize that plastic is a petrochemical—over 99 percent of plastic is derived from oil and gas. And this pervasive material does not decompose. It breaks down into small pieces called microplastics that linger in our bodies and environment for centuries.
The dangers posed by petrochemicals are even worse for communities of color. In Louisiana, industrial emissions are seven to 21 times higher among Black communities. Meanwhile, approximately 13.4 percent of Black children suffer from asthma, compared to 7.3 percent of their white peers. In Cancer Alley, an 85-mile stretch of land along the banks of the Mississippi River, which ranks in the top 5 percent nationally for cancer risk, 40 percent of the population is Black. This troubling trend reflects a new Jim Crow—a calculated exploitation of low-income communities of color by corporations who believe these communities have little to no political power. Saturated with over 200 petrochemical plants, Cancer Alley earned that dark nickname due to the high cancer rates among its residents. Alarmingly, the situation is poised to get even worse.
Earlier this year, a Louisiana court upheld air permits for Formosa Plastics to build a massive petrochemical complex in Cancer Alley, which could release over 800 tons of toxic air pollutants per year. As it chases bigger profits, Formosa has shown complete disregard for the health and safety of local communities. In 2019, the company had to pay a $50 million settlement after illegally dumping billions of plastic pellets and other pollutants in Texas waterways. Despite this, monitoring teams have found evidence that Formosa’s pollution has continued.
Even if you don’t live in Cancer Alley, this issue should be alarming. According to the Environmental Integrity Project’s online database, there are hundreds of new petrochemical plants or expansion projects being proposed. Recent analysis projects global plastic production to at least double by 2050, bringing its dangers to the backyards of millions of Americans.
Formosa’s disregard for human life goes beyond poisoning water. A public records request revealed the company knew that one of their proposed sites in St. James Parish, Louisiana, sat atop the burial grounds of enslaved people. Thus, the legal battle is not only about protecting future public health; it’s also about preserving the historic past.
The legal fight for racial justice and public health goes hand in hand. In the past, the two have successfully joined forces and won. Take tobacco as an example. Centuries ago, the tobacco industry was a major driver of the slave trade. It created incredible wealth for some while creating incredible disparity, poverty, and health injustices for others.
For decades, the tobacco industry targeted Black consumers through branding, store locations, and price discounts. As one tobacco executive once said: “We don’t smoke that sh*t. We just sell it. We reserve the right to smoke for the young, the poor, the black and stupid.” Unfortunately, this marketing works. Tobacco has now become the top cause of preventable deaths among Black Americans, claiming 45,000 individuals every year. Now, the petrochemical industry is taking a page from the tobacco playbook, and plastics marketing is approaching a similar trend. The plastic industry would have us believe that we can burn plastic and make something clean and new. We know that it will not.
Lawsuits have been a critical tool in exposing these tactics and holding these companies accountable. We know this because we are children of systemic disruptors—both of our fathers practiced law, and one was involved in a significant lawsuit against the American Tobacco Company, which resulted in one of the largest settlements in history. The Master Settlement Agreement of 1998 imposed restrictions on the four largest American tobacco companies’ marketing practices, also providing billions of dollars for public health initiatives. In 2006, a federal court ruled that the tobacco industry had violated racketeering laws by deceiving the public about the health hazards of smoking. Because of that decision, tobacco companies must now run “corrective” advertisements about the harmful effects of their products. Disruption works.
The fight against the tobacco industry can be a blueprint for the fight against the petrochemical industry. With an aggressive litigation strategy, we can put a stop to the rapid and unnecessary expansion of petrochemical production in the United States. This includes challenging the permitting process that enables these projects, addressing corporate pollution of air and water, and confronting the discriminatory impacts on communities of color. It is a clear path to amplify the voices of marginalized communities while exposing companies that are complicit in perpetuating health disparities and systemic racism.
Clean air and water are basic necessities for human life. But, as American citizens, they are also legal rights. The Clean Air Act of 1963 and the Clean Air Act of 1972 are not exercises in poetry. These laws establish standards to limit pollution and protect vital resources, but the petrochemical industry has treated them like nuisances. The Fourteenth Amendment is not a piece of yellowing paper; it is a living, breathing guarantee of equal protection under the law. But companies have flouted that principle, daring lawyers to prove that Black Americans deserve life, liberty, and the pursuit of happiness in a country built on their backs. While these companies may achieve victories in court, we have to understand that each favorable verdict for petrochemicals can mean a death sentence for vulnerable communities. The stakes are incredibly high, and our resolve must meet this challenge.
Dr. Martin Luther King’s words, “We are confronted with the fierce urgency of now.” should ring loudly in our ears. We are currently grappling with a deadly climate crisis that disproportionately harms communities of color.
The path forward is clear: We must act swiftly and decisively. Litigation can be a long process, and we cannot afford to delay. Every day we fail to act, another life is put at risk. It is time to stand together, harness the power of the law, and ensure that the rights of our communities are protected from the toxic threat of the petrochemical industry. The fight for environmental justice is a fight for our health, our lives, and our future. “Defending Liberty, Pursuing Justice” is more than a motto—it is our marching orders.
