Transcript of Diane Wilson on Resistance Radio

Transcript of Diane Wilson on Resistance Radio

Florence Nightingale, the English pioneer of modern nursing is quoted as saying, “I attribute my success to this: I never gave or took an excuse.” 

Editors note: Never give up your agency. If your goal is to save life on the planet, sometimes you have to sink your own boat.

 

Derrick Jensen This is Resistance Radio on the Progressive Radio Network. My guest today is Diane Wilson. She’s a mother of five, a fourth generation shrimp boat captain and an environmental activist. She’s been fighting to save the bays on the Texas gulf coast from chemical and oil development for the last 30 years. I also have to say that you have for at least 15-18 years been one of my heroes so thank you for that.

Diane Wilson Thank you Derrick, I appreciate that.

Derrick Jensen Thank you in general for your work in the world and thank you for being on the program. My first two questions are – can you introduce yourself and can you also then introduce the region where you live, the region you love

Diane Wilson First of all I’m a fourth generation fisherwoman, shrimp boat captain. My family has been around this area on the mid-Texas gulf coast for about 130 years so you might say I’ve got a real sense of place, where I was born and raised. I’ve been in the same town for my whole life. I’m 72 years old so I always call myself a late bloomer. Anybody out there who thinks they’re too old to start – that is not true. As a matter of fact, it just gets better as you get older. You get a little bit more free every year.

Basically, all of my family – my brothers, my brothers-in-law, my cousins, my uncles, everybody in the early days they were just gill netters, fin fishermen and they caught black drum and red drum. They had little wooden boats and they oared out. Where I’m from is a little fishing town. It’s probably the most authentic fishing village on the whole Texas gulf coast – Seadrift. We were all fishermen and your whole life was centered around the fish house, the bays, the nets the boats and that was your life. As a matter of fact, like most kids around my age, you spent your whole life outside. I was always on a boat I was always out on the water laying in.

I remember I was a real introvert even though people have accused me of being a real troublemaker, I’m by nature a real introvert. I can remember going to the fish house where my dad was coming in in the evenings and I would go to the bay and there was this old woman down there and she really liked me and when you’re one of seven kids and you’re getting attention from somebody and somebody likes you. I mean I liked going down there because of that old woman and she felt like she was my grandmother and the only thing I realized when I got older is that woman was the bay and she was as real to me as any other member of my family. I have never forgotten her and I have never forgotten what it feels like for something, what people call a resource or a commodity or an ecosystem, to me it was real and it had an aliveness and it had an energy.

When you’re small and your dad is just a small-town fisherman and you’ve got a small boat – I imagine his boat was good – and you would go out there because fishermen were poor people and they really couldn’t afford deck hands. So they would generally take the kids along. I had three sisters and me. My three sisters we decked for my dad and I really, really liked being out there and I was really good at it. When you had to take your turn at a wheel; when you’re dragging a net and you’re kind of holding the wheel and you gotta hold the wheel just so because you got to keep the net and the wheel wash in the shrimp all at the same time. My sisters would start crying because when you start turning a boat into the wind with the waves it will almost feel like you’re flipping over so my sisters did not like did not like handling the wheel but I loved it. I loved going out in the mornings and it was still dark and there was nothing but that salt air in that wind and you’re just barreling out in the dead of night. You see nothing. it’s almost like your instinct and there are very few beacons. It’s just years and years of doing it. I can remember and I suppose it’s because I had a real sense of the energy of that old woman. It’s like you literally could feel like your skin would separate – the wind in the water would just kind of move in there and it actually made me a bit of a mystic.

I’m a little bit of a mystic and I hate to tell you, I was raised Pentecostal and that’s holy rolling – speaking in tongues. My grandmother was a faith healer and I think she tried to raise my uncle from the dead and all kinds of stuff like that. I’m not that but I am a mystic and I have a real sense of what’s alive out there. People think it’s only what you see and it’s only yourself and it’s only the boundaries and the borders within your skin – that’s not true. As a matter of fact, that’s why I like your books so much because you seem to have a real sense of the connectedness and how valuable everything was. I could sense that, and I think it was because I spent all my life on the bay and I was a little bit of a loner so I didn’t have that peer pressure – sometimes at a certain age you get peer pressure and you get pulled away from that naturalness. I don’t think I was pulled away from it, so I’ve always had it my whole life and I still have it. It’s like a lot of the stuff that I do. It’s gut instinct and I don’t believe I’ve ever had a plan. I feel like I leave myself open for the energy because I truly believe there is energy out from nature and it’s got an intelligence, if you just work with it.

My location down here is mid-Texas gulf coast. We’re around Matagorda Bay, Lavaca Bay, Spirit Center Bay, San Antonio Bay, Mesquite Bay, Guadalupe Bay. Our county is a tiny county. When I was growing up there’s probably like 12 000 people in the whole county. The town where I was raised, Seadrift, was a thousand people. It’s been through so many hurricanes I can’t even tell you. It’s had so many hotels and railroads and restaurants and lumber yards destroyed in hurricanes. It always remains a very small town – a thousand people – and it’s always been this fishing town. We’re close to what they used to call Blackjack Island and now it’s known for the Aransas wildlife refuge. That’s where the endangered whooping cranes come every winter. They count every single last whooping crane that is left and they all come down and they nest in what they call Aransas wildlife refuge. Where my folks were from, they were fishermen there, and one of my uncles was in a hailstorm that killed a hundred cattle they had hail so big. He drowned out on the bay. I had another uncle, they had bonfires in those days and they did a lot of cooking on bonfires He was just a toddler and fell in the fire. I’ve got kin folks that are buried out there on  that island. I’ve got a real sense of ancestries around here.

I know this whole area around here was where the Karankawa were. Those very tall, good looking, native American indigenous people and they lived around the water. We went across to where they were. They had all these arrow heads and all their camps and places and I believe I’m not too far from where there was literally a battle between some Irish settlers that came in. The Karankawas must have taken one of their calves and so they raided them and killed most of them and it was over a calf. It’s a sad part of the history down here. I think a lot of the Karankawas went to Mexico. That’s the history of this area. Even the Karankawas were early fishermen, and they laid the shrimp out to dry. I remember someone was telling me they would have a burning stake and stick it out in the shallow water and shrimp will come to the light and that’s where they would get a lot of their shrimp. They would have little catch nets or whatever and they would get the shrimp and then they’d dry them. That was one of their one of their ways they got nourishment around here. But like I said the Karankawa is no more although they’ve named bays and towns after them, but it’s a tragedy.

A lot of this area is where a lot of Irish settlers came in and a lot of German boats came in. There used to be a town called Indianola and now it’s a ghost town because that was where these big ships came in. All these German settlers came in and I think there was even a big civil war battle right there in Indianola and it was right on Matagorda bay. Two hurricanes hit it, one right behind another; then a fire hit it and then I believe smallpox wiped everybody out so now all you got is a beach. People say they can see that train out there when the tide’s real low although I have not seen that train.

Derrick Jensen Can you talk about what has happened and what caused you to become an activist? What has happened to the region in terms of industry and its effects on the bay and also its effects on fishing including shrimping?

Diane Wilson Well in the beginning there was no law; there was no verdict from Congress that industry had to say anything to anybody. So for a very long time these industries like, for instance. Alcoa and Union Carbide – very big plants – came in around 1950. They didn’t say nothing to nobody. They just did what they did. Sometimes the shrimpers, if it was a bad winter, might get a job for two or three months during the winter months and drive a truck or something like that. But basically, this industry did not have to report to anybody at all and the only thing that fishermen would get is when the times that they would work. They would say “they told me to take these barrels down to Stinky Ditch and I dumped them down there and I nearly passed out from smell and I remember and everybody in my unit is dead” or stuff like that. But it was just anecdotal because industry did not have to report or say anything to anybody.

Around 1989 shrimping was starting to fall off and so I started running a fish house. A fish house is a tin building. It’s got open windows and it’s got double wide doors that open to the bay and it’s got this long dock and this is where shrimpers bring their boats in. They tie up, they unload their catch – usually shrimp – and you take it into the fish house, put it on ice. You put it in these ice vaults so you can ship them off on these trucks later. I ran a fish house probably for five years. If I happened to look out that window, I could see my shrimp boat which was SeaBee and she was she was tied right up to the docks. I had probably 14 shrimp boats that I took care of.

One day I had this shrimper and he had three different types of cancer and he had these huge lumps all over his body and he was the best looking. I mean he looked like a surfer from California. My mama thought he was about the nicest looking guy she had ever laid eyes on. Anyway, he had all this cancer and one day I was in the fish house and I was sitting with a cup of coffee and I had my rubber boots sitting up on the desk and he came in and pitched this newspaper article to me. He said I want you to read that and like I said I’m a real quiet person so anyway I looked at the newspaper article.  It was 1989 and on that front page article, The Victoria Advocate, was an associated press story and it was talking about the first time the toxic release inventory ever came out. The toxic release inventory was a community “right to know” bill

that was passed in Congress after Bhopal. People mainly know Bhopal because of Union Carbide was doing this whole effort to make India green and they were doing a pesticide plant in Bhopal, india. It wasn’t working so they were cutting all the safety. Anything that had to do about the lowering the temperature, about alarms, about freezing; they were removing it and the unthinkable happened and there was a chain reaction. There was a debate over actually how many people died but probably around two or three thousand died that first night in Bhopal, India. It was the worst environmental disaster that has ever happened and I think it still is. I think at this point maybe 20 000 people died from that one incident by Union Carbide. Because of it Congress passed the community “right to know” law meaning that there would not be another time when anyone in the US woke up one morning and there was something like that happen because they didn’t know what the industry next to them was doing or what they were polluting with. So, for the first time ever, industry in the United States had to report their air emissions, their water emissions, their injection wells, their landfill, their trucking – all of it. They had to report the numbers for the first time ever and that’s what that article was about. Our little bitty county with 12 000 people in the whole county we were number one in the nation and it literally blew my mind. It’s like “how could you be the most polluted place in the United States probably if it was the United States it was probably ranking worldwide and never know it?” I had never heard the first word about it. So, I acted totally out of character because I don’t like talking, I don’t like having to deal with people. I’ve never had a meeting called in my entire life but I went to City Hall. I walked down to City Hall which wasn’t too far away. I had that newspaper article and I went to the City Secretary and I said I want to have a meeting. There was the City Hall and a little bitty room that sometimes they let people have birthday parties or whatever.  I said I wanted to use that little room and I wanted to talk about that we were number one in the nation. So, they put it down and they put down my name and the next day I was at the fish house and here comes the City Secretary. Well, you never see anybody, all you see is fishermen down there and here was a City Secretary and I still remember she had the prettiest fulstar with flowers all over it and she said “Diane you’re just gonna have to get this meeting out of the city hall.” I was like “why?” and she said “oh red flags; it’s putting out red flags all over the place.”  I’m like “well I’ll do it in an elementary school, you know, they got a cafeteria I’ll do it there.” and she’s like “no they want you to get it totally out of town. They actually don’t want you to do it at all.” I couldn’t get over the fact that I had just asked for it and they didn’t want me to do it. The next day I had the bank president come down to the fish house. I had never talked to that man in my life and here he was, three-piece suit, and he said he said “Diane, are you gonna start a vigilante group roasting industry alive?” I’m totally dumbfounded. I have no idea what they are talking about; why they’re so upset with me – I have not even had the meeting. Then a guy from economic development called my brothers who were fishermen and said you better calm your sister down. My brothers were not the type that would even talk to women and tell them anything. Anyway, one of my brothers said “what in the heck are you doing?” and I’m like “I’m not doing a thing.”

Eventually I did the meeting anyway because I really don’t like people telling me I can’t do something, even though I’m a real quiet person, so I went ahead and had it. I went to a different place and had it. Eventually what it came down to is 1) nobody had ever questioned industry, ever, and 2) it was Formosa plastics, a Taiwanese company who had been kicked out of Taiwan- the biggest chemical expansion in Texas history; the biggest in the United States in 10 years. They had the Governor, the Chamber of Commerce, the Attorney General, the Senators, Congressional and whatever had promised this chemical company. There will be no questions asked; you will get all the tax abatement you want; you will get all your permits expedited; there will be no environmental impact studies. It was pretty much a giveaway and they never once asked one question about this foreign company’s environmental record. They could just come in and we’ll give you everything and I just stumbled on it. It was a fluke. Actually, I went to the mailbox and I got an anonymous letter. I opened it up and it was a newspaper clipping. It was for no supply sticks and it was seven air permits and I didn’t even know what it was. I didn’t know what the company was. When I finally had my little my little meeting as I got a group and I said  “we’ll ask for a permanent hearing on this plan.”

As it was, I walked into a hornet’s nest. They couldn’t figure out who I was. They figured I was an official woman – a woman- so I was not bright enough to be doing this on my own. So they figured I was a spy hired by Louisiana to get it kicked out of Texas so the chemical plant would go to Louisiana. That’s how it started, and it never got any better – it got rougher and rougher. I mean everything for the last 30 years has been a battle. It’s been a battle and you just have to be very, very persistent. I think the reason why I’m so persistent is I am connected to that bay.

I remember when I first started. All I got was high school education, I didn’t have any money and nobody supported me. A fishing woman speaking out! People thought I was kind of crazy and all I had was this good sense of the bay. That was what was keeping me going on it. I really kept thinking there’s bound to be someone way better than me; way better at speaking; probably has a biology degree, can understand all of this chemistry and what these chemical plants are and what these chemicals are. It took about five years before I realized I was actually the best person to be doing it because it was my passion. It has always been my passion for the bay that has kept me persistent. That’s what I’ve been doing for 30 years – I’ve been fighting these chemical companies. I fought Union Carbide, I fought Dupont, I fought Alcoa and probably be the longest and the hardest is I fought Formosa.

Derrick Jensen: Thank you for all that. The next two questions are going to be:

  • can you talk about some of your best victories or your best victory, either way? and
  • can you talk about current struggles?

Diane Wilson What was to me one of the most interesting things that ever happened and it probably was a psychological kind of a spiritual thing. I had been fighting the Formosa  wastewater permit and I had an attorney who agreed to help me and he became a really good friend. People in the community were afraid of the retaliation from the chemical company, especially when a lot of the local officials have contracts with the company. Fishing is going down so you have workers that are being hired at the plant, so nobody wants to say anything and I was the main thing. I haven’t a lawyer who could help me file a suit or something like that. You know a thing about a chemical company. One thing they do is they sense who the allies are so they go after them. On this one they started just throwing them into a deep hole with documents so the money expenses really started hitting them hard and so eventually my lawyer quit and started working for the company. I literally had nobody at all. So, I started filing some papers trying to fight Formosa’s wastewater discharge. When you don’t have a lawyer and you and you don’t have a college education and you got to write briefs and do your own legal work and you don’t have any money. I was doing pretty much filing my own briefs on a Royal typewriter.

Sure enough, they didn’t give me status and they said I couldn’t fight the permit so I appealed it. I always considered you give a monkey a typewriter and after a while that monkey is gonna type a word and so eventually I managed. Believe you me I still don’t know how I did it. I managed to stall the permit with an appeal with a Washington judge, an appellate judge, and so Formosa could not discharge until there was all this ruling and all ofthis process with an appellate judge out of Washington DC.

So I pretty much had their waste water and they could not discharge; they could not begin their plant. So one day I called the EPA to check on the status of the of that discharge permit and I said my name was Diane and I was second on the status. They start talking about “how was that discharge going and I noticed you have some copper discharges but I’m sure we can try to figure out how to do it and you really kind of need to keep the flow in the right period and now you know.”  Then it hit me that she was talking about Formosa’s discharge and she thought I was Formosa’s lawyer whose name was Diane too but that was a different Diane. I said you’re talking to the wrong Diane and that’s when she realized she kind of screwed up there.

Basically, it doesn’t matter what the legal documents say, what the law says – if you have enough money you will get what you want. It was it was the first time I had really come home to the fact that the law doesn’t matter when you got money and when you got power; you really can do what you want, and the law is like a handkerchief in your back pocket. You pull it out when you want to. I was outraged. I was totally outraged about it. The unfairness of it, the injustice of it. It hit me like nothing had hit me before. I knew I had to do something to symbolize that type of injustice. When it appears that nobody cares, everybody overlooks it, it’s injustice going on so I knew I had to do something. l knew that I had to sink something; I had to sink something that I cared a lot about. That’s when I knew I had to sink my shrimp boat. I was going to take it out and sink it on top of Formosa’s illegal discharge. That boat was nowhere near the value of a bay.

Some people can get the little picture, or you can get the big picture. You can look at the little picture and it’s like “oh it’s my livelihood it’s my boat.” It’s “what am i gonna do?”  and then you get the big picture and it’s like “this is the planet this is your home for all of us we’re all supposed to be here.” Are you gonna let them take it? I wasn’t gonna let them do it. I was gonna symbolize it by sinking my shrimp boat. So, I put the motor out and I convinced an old shrimper to pull me out in the dead of the night. There was this crazy norther came in at the same time. I can’t imagine how all of these elements came together at the same time – this weather and the black of night in this boat and just doing this covert of pulling a boat out to sink it on top of Formosa’s discharge. There happened to be a shrimper who had been bought back from us and they were paying sixty thousand dollars a year just to be a consultant. He was pretty much just watching me to see what I did and tell the company. Anyway, he pretty much told the company that I was towing a boat out so they called the coastguard. At one o’clock in the morning there were three boatloads of coastguard and they were out there in the middle of the rain and all that wind. They were like “Miss Wilson, Miss Wilson are you out there, Miss Wilson?”  They said they’re gonna charge me with terrorism; that I was gonna go to jail for 19 years and it probably took an hour for every two yards because you’ve got a boat towing you; you got a boat with no rudder and you got three coastguards in the middle of the night; in the middle almost of the jetties and all this current. It was the wildest scene of all. These coastguards jumping all over the boats with ropes and all of this stuff. Eventually it took about an hour to happen, but they eventually pulled my boat to a harbor. They put seven or eight ropes and tied it down. They put me in the cabin, locked me in. The guys were so afraid I was gonna get out and somehow take that boat out there without a rudder. I was going to get it out there. They were sleeping on the back deck; they were sleeping in trucks on the wall. I was pretty much stuck there with all these coastguards and all the ropes on my boat. I hadn’t sunk the boat. The next morning when I woke up I heard the sounds of a boat. Then I heard more boats and I looked out the window and there were these shrimpers who never get involved – they don’t believe you can fight; they gave up hope. They think every nail is in their coffin. These guys did a blockade. They all went out in the middle of that rough water. It was so rough you could have sunk a boat out there. I promise you the coast guard does not like shrimp boats blocking anything and here all of these shrimp boats went out in this rough weather and they did a protest and in support of what I was trying to do. That was the most amazing experience to see how if you move sometime and you have no real plan – just have a real instinct – is that things have a way. Some of the most amazing things that you can never plan happen.

I remember after that – Formosa saw all of those fishermen out there protesting in the middle of the bay. I think they had a funny sense of a house built on sand. That’s when uh they asked me “what is it gonna take to shut you up?” and I said “zero discharge of your entire waste stream” and so that’s actually how I got zero discharge from Formosa of this waste stream back in 1994.

Derrick Jensen: I’m sorry that this is so short because i’m loving everything you’re saying and we only have like five minutes left. Can you talk briefly about the lawsuit that you won? Then can you talk about current issues?

Diane Wilson: I have a lot of connection with workers inside the plant. Over the years they’ve come to me with information. I had a worker that was in the utilities or the wastewater and he was a whistleblower. He wanted to give me information, so I met him in a beer joint 40 miles away. He was telling me about all of the pellets that were in the waste stream and how they were going into the bay; how they were in the storm water ditches. He was just real concerned about it because he liked to take his kids fishing and when he took his kids fishing there would be all these pellets all over their feet. So I started checking on the pellets that were coming out of Formosa plastics and the state agencies, EPA – nobody, nobody seemed to care at all. Eventually  me and a couple of workers – probably it was three or four of us all together – in January 2016 we started collecting all of these pellets and this powder that was all over the bay, all over the creek. Within a year, and we were all going out almost every single day for over a year, we had a thousand samples and probably had two or three thousand photographs. Then we got a legal aid group – Texas Rio Grande Legal Aid – and they offered to be our lawyers to file a citizen suit under the Clean Water Act. For the next two and a half years until March 2019 we collected around 2500 samples of illegal discharges. We probably had 8 000 photos and videos and we took Formosa to federal court. Believe it or not we won. It was astounding and it was the first time a citizen brought their own evidence; it wasn’t the state’s information; it wasn’t the EPA’s information, it was our evidence. The federal judge said Formosa was a serial polluter and their violations were enormous.

After that Formosa wanted to settle. They wanted to sit down and negotiate. So we sat down and negotiated with one woman, Taiwanese American, and we said we wanted 50 million; we wanted zero discharge of plastics; we wanted a clean up; we wanted our own enforcement and we wanted to make sure their plant did not discharge any plastic and we got it. We got all of it. It was the biggest settlement of a citizen suit ever in the United States. From that 50 million dollars we put 20 million dollars into a sustainable, diverse co-op for the fishermen to try to bring back the fisheries. Right in the middle of it then you know you got this Max Midstream trying to do oil export, and to do oil export he needs the bay dredged so he can get big ships in. Unfortunately, it’s a mercury superfund site and so I did a 36 day hunger strike to try to stop the oil exports and to stop the dredging. After that I went to the corps of engineers and blocked their highway; got arrested, thrown in jail. Then we went to his headquarters, we went to his home and we’re doing every single thing that we can to stop that oil export and stop the dredging because we’re trying to bring back the fishermen who have been devastated and that’s pretty much where I am right now.

Derrick Jensen This whole this whole time you’ve been talking I’ve been thinking about this line by Florence Nightingale which was something to the effect of somebody asked her to what did she attribute her success and she said “I never gave nor took an excuse.”

Diane Wilson That’s right.

Derrick Jensen You know you did not take the excuse that I’m not a lawyer so I can’t do this; I’m not a somebody so I can’t do this – you just did it That’s one of the reasons you’ve been one of my heroes forever.

Diane Wilson Thank you very much, I really appreciate it. You know when that Taiwanese American lady, that negotiated, the only woman that came in, when I walked in, and looked at me and said “you are very persistent”. You do it and be persistent; just keep doing it.

Derrick Jensen So my last question for today, and I’d love to have you on again, my last question for today is one of the things I try to do with these series of interviews is to help people. I mean everybody knows something that is that is bad; everybody loves something that is being destroyed. What can you say to them to help move them from sitting around going gosh things are really bad somebody should do something” to being the person who does something. Or to being one of the people that does something. Can you say something to them?

Diane Wilson Basically I believe everybody, and I truly mean everybody, has – it’s almost like a destiny – there is something we are meant to do. Somewhere in their life some little piece of information is going to come to them. What they do with that information will determine the rest of their lives. I am just so glad I acted totally out of character and stepped out. That’s what you gotta do and I think everybody gets a chance. It’s what decision they’re gonna make on it and it will change your whole life. I’ve lost a lot of stuff but for the first time I remember “I like myself” and for a woman from the south to say she likes herself that’s a big deal. It’s changed my whole life. I am 72 and I have never felt so free and happy in my life.

Derrick Jensen Thank you so much for all of that and thank you for your work in the world and i would like to thank listeners for listening. My guest today has been Diane Wilson. This is Derrick Jensen for Resistance Radio on the Progressive Radio Network.

Banner image: Angi English at flickr (CC BY-NC 2.0)

Shrimper Tries To Revive Matagorda Bay

Shrimper Tries To Revive Matagorda Bay

Editor’s note: “Most people don’t realize that part of gas extraction is a liquid condensate, the origin of plastics, which is being pumped, defying Climate Chaos, via the maze of fracking pipelines to the Gulf Coast, where the US is set on cornering the world plastics market, as well as shipping the LNG gas it has forced on its European vassals.” In a bid to become a world plastics monopoly, Exxon quietly plans to erect a new $8.6 billion plastics plant. The proposal calls for a steam cracker, a facility that uses oil and natural gas to make ethylene and propylene — the chemical building blocks of plastic. “Besides ethylene and propylene, steam crackers produce climate pollution and hazardous chemicals like ammonia, benzene, toluene, and methanol.”

“Where Exxon is going to put their bloody plant is smack-dab in front of [what will be] one of the largest oyster farms in Texas,” said Wilson, who is not convinced that any plastics factory can operate without polluting. She noted that Formosa has already violated its settlement agreement nearly 800 times, racking up over $25 million in fines. “Exxon is going to be exactly like Formosa.”

“We have been cleaning the piss out of [Cox Creek], and this is the very place where Exxon is going to try to put its plastics plant,” Wilson, who lives in nearby Seadrift, said of the facility’s potential location. “You see this nightmare of another plant, trying to do the very same thing.”


A Shrimper’s Crusade Pays Big Dividends on a Remote Stretch of Texas Coastline

Five years after Diane Wilson’s landmark settlement with Formosa Plastics, money flows to “the bay and the fishermen.”

December 24, 2024

This article originally appeared on Inside Climate News, a nonprofit, non-partisan news organization that covers climate, energy and the environment. Sign up for their newsletter here.

PORT LAVACA, Texas—Few men still fish for a living on the Gulf Coast of Texas. The work is hard and pay is meager. In the hearts of rundown seaside towns, dilapidated harbors barely recall the communities that thrived here generations ago.

But at the docks of Port Lavaca, one group of humble fishermen just got a staggering $20 million to bring back their timeless way of life. They’re buying out the buyer of their catch, starting the largest oyster farm in Texas and dreaming big for the first time in a long time.

“We have a lot of hope,” said Jose Lozano, 46, who docks his oyster boats in Port Lavaca. “Things will get better.”

It’s all thanks to one elder fisherwoman’s longshot crusade against the petrochemical behemoth across the bay, and her historic settlement in 2019. Diane Wilson, a fourth-generation shrimper from the tiny town of Seadrift, took on a $250 billion Taiwanese chemical company, Formosa Plastics Corp., and won a $50 million trust fund, the largest sum ever awarded in a civil suit under the Clean Water Act.

Now, five years later, that money is beginning to flow into some major development projects on this mostly rural and generally overlooked stretch of Texas coastline. Through the largest of them, the Matagorda Bay Fishing Cooperative, formed in February this year, Wilson dreams of rebuilding this community’s relationship with the sea and reviving a lifestyle that flourished here before global markets cratered the seafood industry and local economies shifted to giant chemical plants.

“I refuse to believe it’s a thing of the past,” said Wilson, 76, who lives in a converted barn, down a dirt road, amid a scraggle of mossy oak trees. “We’re going to put money for the fishermen. They’re not going to be destroyed.”

The fishing cooperative has only just begun to spend its $20 million, Wilson said. It’s the largest of dozens of projects funded by her settlement agreement. Others include a marine science summer camp at the Port Lavaca YMCA, a global campaign to document plastic pollution from chemical plants, a $500,000 study of mercury pollution in Lavaca Bay and the $10 million development of a local freshwater lake for public access.

“They are doing some wonderful things,” said Gary Reese, a Calhoun County commissioner. He also received grants from the fund to build a pier and a playground pavilion at other county parks.

The fund resulted from a lawsuit Wilson filed in 2017 under the Clean Water Act, which enables citizens to petition for enforcement of environmental law where state regulators have failed to act. By gathering evidence from her kayak over years, Wilson demonstrated that Formosa had routinely discharged large amounts of plastic pellets into local waterways for decades, violating language in its permits.

These sorts of lawsuits typically result in settlements with companies that fund development projects, said Josh Kratka, managing attorney at the National Environmental Law Center in Boston. But seldom do they come anywhere close to the dollar amount involved in Wilson’s $50 million settlement with Formosa.

“It’s a real outlier in that aspect,” Kratka said.

For example, he said, environmental organizations in Texas sued a Shell oil refinery in Deer Park and won a $5.8 million settlement in 2008 that funded an upgrade of a local district’s school bus fleet and solar panels on local government buildings. In 2009 groups sued a Chevron Phillips chemical plant in Baytown and won a $2 million settlement in 2009 that funded an environmental health clinic for underserved communities.

One reason for the scale of Wilson’s winning, Kratka said, was an unprecedented citizen effort to gather plastic pollution from the bays as evidence in court. While violations of permit limits are typically proven through company self-reporting, Wilson mobilized a small team of volunteers.

“This was done by everyday people in this community, that’s what built the case,” said Erin Gaines, an attorney who previously worked on the case for Texas RioGrande Legal Aid. “This had never been done before, but that doesn’t mean it can’t happen.”

Wilson’s settlement included much more than the initial $50 million payment. Formosa also agreed to clean up its own legacy plastic pollution and has so far spent $32 million doing so, according to case records. And the company committed to discharge no more plastic material from its Point Comfort complex—a standard which had never been applied to any plastics plants across the nation.

“They cannot believe I would do this for the bay and the fishermen. It’s my home and I completely refuse to give it to that company to ruin.”

Formosa consented to regular wastewater testing to verify compliance, and to penalties for violations. Now, three times a week, a specially engineered contraption analyzes the outflows at Formosa. Three times a week, it finds they are full of plastic. And three times a week, Formosa pays a $65,000 penalty into Wilson’s trust fund.

It’s small change for a company that makes about a billion dollars per year at its Point Comfort complex, or $2.7 million per day. To date, those penalty payments have totaled more than $24 million, in addition to the $50 million awarded in 2019.

The money doesn’t belong to Wilson, who has never been rich, and she never touches it. It goes into a fund called the Matagorda Bay Mitigation Trust, which is independently managed.

For the first $50 million, Wilson evaluated grant applications and allocated the money to government entities, registered nonprofits and public universities. Now an independent panel administers the fund.

Many locals who know her story assume that Wilson is rich now, she said. But she never got a penny of the settlement. She was never doing this for the money.

“They cannot believe I would do this for the bay and the fishermen,” she said. “It’s my home and I completely refuse to give it to that company to ruin.”

Formosa also writes grants for community development programs, although none of them approach the size of the Matagorda Bay Mitigation Trust.

In response to a query from Inside Climate News, the company provided a summary of its community spending over 30 years, including $2.4 million on local and regional environmental projects, $2 million for a new Memorial Medical clinic, $2 million to upgrade local water treatment systems, $2 million to an area food bank, $1.3 million for local religious organizations and $1.2 million on scholarships for high school seniors.

The company has contributed $6.3 million for regional roadway improvements, donated 19 houses to the Calhoun County Independent School District and built a classroom in restored wetlands. Its annual employee golf tournament raises $500,000 for United Way charities, and its national headquarters in New Jersey gives $1 million each year to local charities. In Point Comfort it has programs to plant trees, protect bees and restore monarch butterfly habitat.

“Formosa Plastics has always believed in giving back to the community and approximately 30 years ago established education, environmental, medical, religious and scholarship trusts,” the company said in a five-page statement.

Since the 2019 settlement, Formosa has taken steps to address environmental challenges and reduce the environmental impact at its Point Comfort complex, the company said.

Formosa has installed pollution control systems to reduce the release of plastic particles, has partnered with industry experts to develop better filtration methods and is monitoring emerging technologies for opportunities to improve environmental stewardship, it said. The Point Comfort complex has also improved stormwater drainage to reduce plastics in runoff, and is engaging with community advocates to identify sustainable solutions.

“We understand the importance of protecting the environment and the communities where we operate, and we remain steadfast in our commitment to transparency, accountability, and continuous improvement,” the statement said.

The Fishing Way of Life 

Wilson fondly recalls the bustling fishing community of her youth in Seadrift, more than 60 years ago. There were hundreds of boats at the docks, surrounded by a town full of mechanics, welders, netmakers and fish houses.

They weren’t rich, Wilson said, but they were free. They answered to no one, except maybe game wardens. They had twilight every morning, the silence of the water, the adventure of the search, the thrill of the catch and a regular intimacy with spirits of the sea, sun, wind and sky.

“You are out there on that bay, facing the elements, making decisions,” Wilson said. “That is as close to nature as you can get.”

Over her life, she watched it all fall apart. There are no fish houses in Seadrift today. Almost all the old businesses were bulldozed or boarded up. Wilson’s own brothers took jobs at the giant petrochemical plants growing onshore. But every day off they spent back on the water.

Most people called her crazy, 30 years ago, when she started complaining about water pollution from Formosa. Powerful interests denounced her and no one defended her.

But Wilson never gave up speaking out against pollution in the bay.

“That bay is alive. She is family and I will fight for her,” Wilson said. “I think everyone else would let her be destroyed.”

Over years of persistent, rambunctious protests targeting Formosa, Wilson began to get calls from employees at the plant, asking to meet secretly in fields, pastures and beer joints to talk about what they’d seen. They told her about vast amounts of plastic dust and pellets washed down drains, and about the wastewater outfalls where it all ended up.

When Wilson started visiting those places, often only accessible by kayak, she began to find the substance for her landmark lawsuit, millions and millions of plastic pellets that filled waterways and marshes.

“Felt like Huck Finn out there, all that exploring,” she said.

In 2017, Wislon filed her petition in federal court, then continued collecting evidence for years before trial. It was the first case over plastic pellet pollution brought under the Clean Water Act, according to Amy Johnson, then a contract attorney with the nonprofit RioGrande Legal Aid and lead attorney for Wilson’s case.

Gathering Nurdles 

Down the coast in Port Aransas, a researcher at the University of Texas Marine Science Institute named Jace Tunnell had just launched a project in 2018 to study water pollution from plastics manufacturing plants. At that time, little was known about the scale of releases of plastic pellets, also called nurdles, into the oceans from those industrial facilities.

The Nurdle Patrol, as Tunnell called it, was beginning on a shoestring budget to methodically collect and catalog the nurdles in hopes of getting a better picture of the problem. That’s when Tunnel, a fourth generation Gulf Coast native and a second generation marine scientist, heard about a fisherwoman who was also collecting nurdles up the coast.

He contacted Wilson, who shared her data. But Tunnell didn’t believe it. Wilson claimed to have gathered 30,000 nurdles in 10 minutes. Tunnell would typically collect up to 200 in that time. He drove out to see for himself and found, to his shock, that it was true.

“The nurdles were just pluming up back there,” Tunnell said. “It really was an eye opener for me of how bad Formosa was.”

At that time, Wilson and her small team of volunteers were pulling up huge amounts of plastic from the bay system and logging it as evidence.

In 2019, the case went to trial. At one point, she parked a pickup truck full of damp, stinky plastic outside the federal courthouse and brought the judge out to see. She also cited Nurdle Patrol’s scientific method for gathering pellets as a means to estimate overall discharges in the bay.

“Diane was able to use Nurdle Patrol data in the lawsuit to seal the deal,” Tunnell said.

Later that year, the judge ruled in Wilson’s favor, finding Formosa had violated its permit limits to discharge “trace amounts” of plastics thousands of times over decades.

Formosa opted to negotiate a settlement with Wilson rather than seek a court-ordered penalty. In December 2019, the two parties signed a consent decree outlining their agreement and creating the $50 million Matagorda Bay Mitigation Trust.

Funding Community Projects 

Right away, Wilson signed over $1 million to the Nurdle Patrol, which Tunnell used over five years to build an international network with 23,000 volunteers and an online portal with the best data available on plastic nurdles in the oceans. They’ve also provided elementary and high schools with thousands of teaching kits about plastics production and water pollution.

“There’s no accountability for the industries that release this,” Tunnell said as he picked plastic pellets from the sand near his home on North Padre Island in early December. “Of course, Diane kind of changed that.”

The trust’s largest grant programs are still yet to take effect. Wilson allocated $10 million to Calhoun County to develop a 6,400 acre park around Green Lake, the second largest natural lake in Texas, currently inaccessible to the public.

The county will begin taking bids this month to build phase one of the project, which will include walking trails and birding stands, according to county commissioner Reese. Later they’ll build a parking lot and boat ramp.

The county brought this property in 2012 with hopes of making a park, but never had the money. Initially, county officials planned to build an RV park with plenty of pavement. But funding from Wilson’s trust forbade RVs and required a lighter footprint to respect the significant Native American and Civil War campsites identified on the property.

“It’ll be more of a back-to-nature thing,” Reese said. “It’s been a long time coming, we hope to be able to provide a quality facility for the public thanks to Matagorda Mitigation Trust.”

By far, the largest grant from the trust has gone to the fishermen. Wilson allocated $20 million to form a cooperative at the docks of Port Lavaca—an unlikely sum of money for seamen who struggle to feed their families well. Wilson dreamed that this money could help bring back the vanishing lifestyle that she loved.

The Fishermen

Today, most of the remaining commercial fishermen on this Gulf coast come from Mexico and have fished here for decades. It’s hard work without health insurance, retirement plans or guaranteed daily income. But it’s an ancient occupation that has always been available to enterprising people by the sea.

“It’s what we’ve done our whole life,” said Homero Muñoz, 48, a board member of the fishermen’s cooperative, who has worked the Texas coast since he was 19. “This is what we like to do.”

Lately it’s been more difficult than ever, he said. Declining vitality in the bays, widespread reef closures by Texas authorities and opposition from wealthy sportfishing organizations force the commercial fishermen to compete for shrinking oyster populations in small and distant areas. Then, the fishermen have little power to negotiate on low prices for their catch set by a few big regional buyers, who also own most of the dock space. The buyers distribute it at a markup to restaurants and markets across the county.

“There isn’t anyone who helps us,” said Cecilio Ruiz, a 58-year-old father of three who has fished the Texas coast since 1982.

To help the fishermen build a sustainable business, Wilson tapped the Federation of Southern Cooperatives, an organization based in Atlanta originally founded to help Black farmers and landowners form cooperatives in the newly de-segregated South. For FSC, it was an unprecedented offer.

“This is an amazing project, very historic,” said Terence Courtney, director of cooperative development and strategic initiatives at FSC.

Usually, money is the biggest obstacle for producers wanting to form a collectively owned business, Courtney said. He’d never seen a case where a donor put up millions of dollars to make it happen.

“Opportunities like this don’t come around often. I can’t think of another example,” Courtney said. “We saw this as something that history was compelling us to do.”

The Matagorda Bay Fishing Cooperative

In 2020 Courtney started traveling regularly to Port Lavaca, meeting groups of fishermen, assessing their needs, discussing the concept of a cooperative and studying feasibility.

The men, who speak primarily Spanish, had trouble understanding Courtney’s English at first. But they knew someone who could help: Veronica Briceño, the daughter of a late local fisherman known as Captain Ralph. As a child, she translated between English and Spanish around her father’s business and the local docks and harbors.

Briceño, a 40-year-old worker at the county tax appraisal office, was excited to hear about the effort. She’d learned to fish on her grandfather’s boat. Her father left her four boats and she couldn’t bring herself to sell them. She joined FSC as a volunteer translator for the project.

“These men, all they know how to do is really just work,” she said. “They were needing support from someone.”

A year later, FSC hired Briceño as project coordinator. They leased an old bait shop with dock space at the harbor in Port Lavaca and renovated it as an office. Then in February 2024 they officially formed the Matagorda Bay Fishing Cooperative, composed of 37 boat owners with 77 boats that employ up to 230 people.

Now Briceño has a desk at the office where she helps the fishermen with paperwork, permitting and legal questions while coordinating a growing list of contracts as the cooperative begins to spend big money.

Negotiations are underway for the cooperative to purchase a major local seafood buyer, Miller’s Seafood, along with its boats, dock space, processing operations and supply contracts for about $2 million.

“I hope they help carry it on,” said Curtis Miller, 63, the owner of Miller’s Seafood, which was founded by his uncle in the 1960s. “I would like to see them be able to succeed.”

Many of the cooperative members have worked for Miller’s Seafood during the last 40 years, he said. The company handles almost entirely oysters now and provides them wholesale to restaurants on the East Coast, Florida and in Texas.

The cooperative has also leased 60 acres of bay water from the Texas Parks and Wildlife Department to start the largest oyster farm in Texas, a relatively new practice here. FSC is now permitting the project with the Texas General Land Office and the U.S. Army Corps of Engineers.

“That might be the future of the industry,” said Miller. “It might be the next big thing.”

“It Can Be Revived”

At a recent meeting of the cooperative, the members discussed options for a $2.5 million purchase of more than 7,000 oyster cages to install on the new farm. They talked about plans to visit and study a working oyster farm. The cooperative is finalizing a marketing and distribution plan for the farmed oysters.

The project would give two acres to each oysterman to farm, and would finally do away with the frantic race to harvest the few available oyster areas before other boats do. Now, they’ll have a place of their own.

“To have our own farms, liberty to go to our own piece of water,” said Miguel Fierros, 44, a bearded, third-generation fisherman and father of three. “It’s a unique opportunity I don’t think we’ll ever get again.”

Briceño, the project coordinator, hopes that the practice of oyster farming will bring a new generation into the seafood industry here. Neither of her kids plan to make a living on the water like her father or grandfather, who always encouraged the family to find jobs with health insurance and retirement. Now her 21-year-old son works at Formosa, like many of his peers, as a crane operator.

Perhaps this cooperative, with its miraculous $20 million endowment, can realize the dream of a local fishing industry with dignified pay and benefits. If it goes well, Briceño said, maybe her grandkids will be fishermen someday.

“We’re going to get a younger crowd actually interested,” she said.

This project is just getting started. Most of their money still remains to be spent, and the fishermen have many ideas. They would like to buy a boat repair business to service their fleet, as well as a net workshop, and to open more oyster farms.

For Wilson, now an internationally recognized environmental advocate, this all just proves how much can be accomplished by a stubborn country woman with volunteer helpers and non-profit lawyers. Ultimately, she hopes these projects will help rebuild a fishing community and bring back the fishermen’s way of life.

For now, the program is only getting started.

“It can be revived,” Wilson said. “There is a lot of money left.”

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Photo by Sören Funk on Unsplash

Earth At Risk: Speakers Talk Revolution

Earth At Risk: Speakers Talk Revolution

By Fertile Ground

San Francisco, November 22nd-23rd

Global warming. Racism. Sexual Violence. Inequality. War. Species extinction. What are the links between these issues? And how can we move towards victory? An upcoming conference seeks to bring these issues together and answer these critical questions.

“All of the issues we face come from the same culture of extraction,” says event organizer Saba Malik. “They are driven by an urge to exploit. That is what we need to confront.”

Earth at Risk: The Justice and Sustainability Conference is being organized by a grassroots non-profit called Fertile Ground Environmental Institute. The event will feature presentations from radical activists and thinkers on the frontlines of struggle.

Participating speakers and organizations include: Vandana Shiva, Alice Walker, Chris Hedges, Chief Caleen Sisk, Derrick Jensen, Unist’ot’en Camp, Indigenous Women Against the Sex Industry, Thomas Linzey, Sakej Ward, Gail Dines, Dahr Jamail, Iraq Veterans Against the War, Veterans for Peace, Diane Wilson of CODEPINK, and many more.

Most environmental and social justice conferences are driven by corporate agendas and seek appeasement. Earth at Risk is different: it’s a grassroots gathering of people who reject greenwashed solutions and seek revolutionary change.

“Through the green economy an attempt is being made to technologize, financialize, privatize and commodify all of the earth’s resources and living processes,” says keynote speaker Vandana Shiva. “But the growth of the market cannot solve the very crisis it creates.”

Time is short. Indicators of environmental health and cultural morality are heading in the wrong direction. We need all hands on deck, but it’s hard to know where to start. Earth at Risk is a beginning. Join us at the event, and learn the information and the strategies that we need to turn this struggle around.

From Fertile Ground: http://www.fertilegroundinstitute.org/press-release—earth-at-risk-2014.html

Will you be there?

Read Will Falk’s report back on the event, Earth At Risk 2014: Proper Diagnosis