The Matagorda Bay Mitigation Trust was established as a result of a Final Consent Decree in Cause No. 6:17-CV-00047 on December 9, 2019, San Antonio Bay Estuarine Waterkeeper and S. Diane Wilson, vs. Formosa Plastics Corp., Texas and Formosa Plastics Corp., U.S.A., in the United States District Court for the Southern District of Texas, Victoria Division.
The Consent Decree disposed of the lawsuit by requiring changes at the Formosa Plastics facility, review and monitor of discharges, efforts to clean up the discharges, mitigation projects and imposition of penalties until the discharges cease.
In addition to the required changes outline above, the Consent Decree further required the separate establishment of the Matagorda Bay Mitigation Trust with the appointment of an independent Trustee to manage and distribute Funds paid by the Defendants for certain projects along with associated funding, funding schedule and objectives, and scope of the mitigation projects to be implemented and administered under the Matagorda Bay Mitigation Trust.