The U.S. state of Texas has filed a lawsuit over chemical manufacturer Dow Chemical’s alleged pollution in the Gulf of Mexico – currently referred to as the Gulf of America by the U.S. government – but the state government’s effort could limit the impact of a similar forthcoming lawsuit planned by a conservationist and commercial shrimper.
According to the 13 February lawsuit, a plastics manufacturing plant operated jointly by Union Carbide, Dow, and Braskem located north of Seadrift, Texas, U.S.A., has unlawfully discharged plastic pellets into adjacent waters.
The Texas Commission on Environmental Quality (TCEQ) conducted a surprise investigation of the facility in 2019 after receiving reports that lentil-sized plastic pellets were seen in the Victoria Barge Canal. Investigators confirmed the presence of pellets there and on surrounding grounds. A 2023 inspection also found plastic pellets.
A more recent inspection on 22 January 2026 found “plastic pellets onshore, in debris, and freely floating on the water’s surface at seven different locations in and along the canal,” with pellets found as far as 20 miles from the facility. TCEQ investigators also observed pellets actively being discharged from the facility.
Texas is seeking injunctive relief and civil penalties for the alleged violations.
The state’s lawsuit comes shortly after NGOs EarthJustice and the Environmental Integrity Project issued a 60-day notice of their intent to sue the companies for violations of the Clean Water Act on behalf of Diane Wilson, an activist and commercial shrimper.
“Microplastics contaminate communities, wildlife, fisheries, and waterways at every stage of their existence. San Antonio Bay deserves better than unchecked pollution from a repeat offender. Finally, a day of reckoning for the decades of plastic discharges into our bays and waterways,” said Wilson, who serves as executive director of San Antonio Bay Estuarine Waterkeeper.
Following the state’s decision to file a lawsuit, Wilson called it “a sweetheart deal with industry,” according to Inside Climate News. Wilson claimed that the state’s lawsuit was much weaker than the Clean Water Act lawsuit they intended to file; however, the government action effectively precludes any citizen-led lawsuit against the alleged pollution.
Josh Kratka, managing attorney at the National Environmental Law Center in Washington, D.C., told Inside Climate News that Texas regularly files lawsuits to block citizen-led initiatives and shield companies from harsher litigation.
