Pascagoula, MS – Mississippi Phosphates Corporation (MPC) has pleaded guilty to a felony violation of the Clean Water Act after years of documented pollution and devastating environmental damage to waterways surrounding its fertilizer manufacturing facility in Pascagoula, Mississippi. The guilty plea, entered August 19, 2015, in U.S. District Court for the Southern District of Mississippi, comes as the company navigates bankruptcy and a projected $120 million cleanup of its heavily polluted site.
The Justice Department and the Environmental Protection Agency (EPA) detailed a history of negligence by MPC, stretching back to at least 2000. The company repeatedly exceeded permitted pollutant limits in its wastewater discharges into Bayou Casotte, Tillman Creek, and Bangs Lake – vital nurseries for Gulf Coast aquatic species. A particularly egregious incident in August 2013 saw the release of over 38 million gallons of acidic wastewater, resulting in the death of an estimated 47,000 fish and the temporary closure of Bayou Casotte. A subsequent February 2014 discharge released oily wastewater, creating a one-mile-long sheen on the bayou’s surface.
Years of Violations
Court documents reveal that the Mississippi Department of Environmental Quality (MDEQ) issued numerous notices of violation to MPC since 2000, citing failures in wastewater storage, untreated discharges directly into waterways, and a lack of remedial action to address ongoing pollution. A massive 17 million gallon discharge in April 2005 caused significant damage, but MPC failed to implement necessary preventative measures, leading to the even larger 2013 disaster. The company’s consistent disregard for environmental regulations resulted in decades of harm to the delicate coastal ecosystem.
Unusual Sentencing
Given MPC’s bankruptcy and cleanup obligations, the court accepted an unusual sentencing agreement. Instead of a traditional fine, MPC will transfer 320 acres of land adjacent to its facility to the Grand Bay National Estuarine Research Reserve, managed by the Mississippi Department of Marine Resources and part of the National Oceanic and Atmospheric Administration’s (NOAA) National Estuarine Research Reserve System. This transfer is intended to help protect and potentially rehabilitate the vital marine resource damaged by the company’s actions.
Legal Ramifications
MPC violated 33 U.S.C. §1311(a) of the Clean Water Act, which prohibits the discharge of pollutants into navigable waters of the United States without a permit. The penalty for this felony violation can include significant fines and imprisonment, however, in this case, the sentencing focused on environmental remediation through land transfer due to the company’s financial situation. The EPA’s Criminal Investigation Division and the Department of Justice’s Environmental Crimes Section spearheaded the investigation, highlighting the federal commitment to prosecuting environmental crimes.
GrimyTimes Investigation
GrimyTimes has learned that MDEQ had repeatedly warned MPC about its deteriorating infrastructure and potential for catastrophic failure, but those warnings were largely ignored. Sources within the agency, speaking on condition of anonymity, claim that political pressure and limited resources hampered their ability to effectively enforce environmental regulations against the powerful fertilizer manufacturer. This case underscores the challenges faced by regulatory agencies in holding large corporations accountable for environmental damage, especially in economically vulnerable areas.
Key Facts:
- Defendant: Mississippi Phosphates Corporation
- Crime: Clean Water Act violation (illegal discharge of pollutants)
- Location: Pascagoula, Mississippi
- Year: 2015
- Environmental Impact: Death of over 47,000 fish, closure of Bayou Casotte, damage to marine habitats
- Statute Violated: 33 U.S.C. §1311(a)
- Sentencing: Transfer of 320 acres of land to the Grand Bay National Estuarine Research Reserve
- Estimated Cleanup Cost: $120 million
The case serves as a stark reminder of the devastating consequences of industrial pollution and the importance of robust environmental enforcement.
Source: EPA ECHO Enforcement Case Database
Related Federal Cases
- Hazelwood Steel Exec, Lock Dam Fraud, Mississippi 2024 · Maryland
- Anthony Cvitanovich, Seafood Fraud, Mississippi 2024 · Illinois
- LaSonja Jones, PPP Loan Fraud, Mississippi 2024 · Washington
- Mississippi Medicaid False Claims, Mississippi 2024 · Florida
- Lockheed Martin, False Claims Act Violation, Mississippi 2009 · Mississippi
