A Travis County District Court judge approved a temporary injunction against Darling Ingredients on March 5.
Located between Bastrop County Animal Services and Camp Swift, the facility collects and recycles food industry waste to produce animal feed ingredients, biofuels and other byproducts.
The temporary injunction comes after Texas Attorney General Ken Paxton filed a lawsuit against the Irving, Texas-based company in early February for “unlawfully emitting odors and other chemicals” at its Bastrop facility.
The details
Under the temporary injunction, Darling Ingredients must self-monitor and self-report to the Texas Commission on Environmental Quality each time hydrogen sulfide emissions exceed 1,000 parts per billion.
However, the lawsuit sought a stricter threshold of 80 parts per billion.
Amy McBee, a community and government affairs representative with Darling Ingredients, recently told Bastrop County commissioners the facility needs to do better.
“We fully recognize, as a neighbor and a partner in this community, that for some period of time, Darling Ingredients was not doing a good job,” McBee said. “We apologize for that.”
What we know
Public Citizen, a nonprofit consumer rights advocacy group that was founded in 1971 in Washington, D.C., has advocated on behalf of Bastrop County residents on the issue.
“This story should have ended a long time ago,” said Kathryn Guerra, the director of Public Citizen’s TCEQ Watchdog Campaign. “But because the TCEQ continues to live up to its reputation as a ‘reluctant regulator,’ it took years of complaints for the state to act, with a new and ongoing chapter to the story that will play out in the courts.”
Some background
In his lawsuit, Paxton emphasized his desire for Darling Ingredients to be held accountable through “significant” civil penalties and court-ordered relief for violations of Texas’ air quality laws, and urged Darling Ingredients to take a variety of actions, including:
- Stop spreading odors
- Comply with all permit and regulatory requirements
- Install real-time hydrogen sulfide monitoring
- Implement corrective actions that are overseen by independent experts
“Darling must not sacrifice the quality of life of Texas citizens for its production goals,” Paxton said in a Feb. 8 news release. “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.”
Darling Ingredients officials provided Community Impact with a statement in the hours following the announcement of the lawsuit.
“Darling Ingredients has received the petition filed by the Texas Attorney General's office and will respond through the appropriate legal channels,” Darling Ingredients officials said. “We are committed to being a good neighbor and protecting the health and safety of our employees and the communities where we operate.”
What officials are saying
Darling Ingredients officials updated the Bastrop County Commissioners Court on Feb. 23 about the Bastrop facility.
“We’re here to do better,” McBee said. “We want to be a good partner in our community.”
Kenton Betz, the regional vice president at Darling Ingredients, also discussed approximately $40 million in improvements—which will largely address air quality and water quality—to the Bastrop facility.
Precinct 4 Commissioner David Glass thanked McBee and Betz on behalf of his constituents.
“Apparently, you heard the constituents, and you’ve addressed it,” Glass said. “The odors have been much, much better. I think we’d all agree. So thank you for that and listening to us and coming here and making the investment to improve your system.”
The outlook
A hearing on a final injunction is scheduled for July 2027.
