Dow Faces Pressure Over Texas Coast Pollution Permit Amid State Lawsuit

AUSTIN, Texas – March 31, 2026 – A coalition of conservation groups, led by the Gulf Trust, has issued an ultimatum to chemical giants Dow and Union Carbide: schedule a public meeting within 45 days to discuss a controversial wastewater permit for their Texas coastal facility, or withdraw the application entirely. The demand escalates a tense battle over the future of industrial pollution on the Texas Gulf Coast, a conflict unfolding in the shadow of an active state lawsuit against Dow for alleged "habitual" pollution violations at the same site.

At the heart of the dispute is a permit renewal application for Dow's sprawling 4,700-acre Seadrift facility, operated by its subsidiary Union Carbide. The proposed changes, if approved by the Texas Commission on Environmental Quality (TCEQ), could significantly increase the discharge of industrial wastewater and plastics into waterways that feed the ecologically fragile San Antonio and Matagorda Bays.

A Permit Under Scrutiny

Filed in January, the permit amendment seeks several key modifications that have alarmed environmental watchdogs. Most notably, the companies are asking to alter standard permit language that currently requires "no discharge of floating solids other than trace amounts." According to documents filed with the TCEQ, Dow's application argues this language is "vague" and "has the potential to be more stringent than necessary," indicating that "proposed language will be forthcoming."

Conservation groups warn this change is an unprecedented attempt to weaken regulations and could effectively grant a license to pollute. Floating solids include plastic pellets, flakes, and powders—the very materials at the center of ongoing legal action against the company.

"Texas has spent decades building one of the most productive and healthy coastlines in the Gulf, and it rests on a basic principle: that our bays and estuaries are worth conserving," said Jay Kleberg, Executive Director of the Gulf Trust, in a statement. "We are asking Dow and Union Carbide to lead on the issue of industrial pollution and work with TCEQ to put a public meeting, open to all stakeholders, on the books in the next 45 days or withdraw their amendment application."

Beyond the language on plastics, the application requests nine other modifications. These include a substantial increase in the maximum daily wastewater discharge at one of the facility's outfalls, from 17 million to 25 million gallons, and new authorization to release firefighting fluids through all of its 16 outfalls into the bay system.

Legal Storm Gathers on the Coast

The push for weaker permit limits comes as Dow and Union Carbide face significant legal pressure over their existing environmental record at the Seadrift complex. On February 13, the Texas Attorney General's office filed a lawsuit against the companies, alleging hundreds of water pollution violations since 2020.

The state's lawsuit accuses the companies of "habitual non-compliance" with their permits, including unauthorized discharges of industrial waste and plastic pellets into local waterways. According to the state's petition, TCEQ investigators observed plastic pellets, also known as nurdles, in and around the facility's outfalls and in the Union Carbide Canal as recently as January 2026. The suit demands that Dow immediately cease the unauthorized discharges and fund an independent audit of its wastewater management practices.

This state action followed a notice of intent to sue filed in December 2025 by the San Antonio Bay Estuarine Waterkeeper (SABEW). The citizen group, which previously won a landmark $50 million settlement against Formosa Plastics for similar plastic pellet pollution, documented what it called ongoing, unpermitted discharges of microplastics from the Seadrift plant. While the state's lawsuit effectively blocked the citizen suit from proceeding, it validated the concerns raised by local watchdogs.

In response to the lawsuit, a spokesperson for Union Carbide stated that the company "works closely with state and federal regulators to ensure compliance with all existing laws and regulations." Dow and Union Carbide have not yet publicly responded to the coalition's letter or the demand for a public meeting.

Ecological and Economic Crossroads

The stakes for the Texas coast are immense. San Antonio and Matagorda Bays are two of the most productive estuaries in the Gulf of Mexico, serving as critical nursery habitats for shrimp, crabs, and finfish that form the backbone of the region's commercial and recreational fishing industries.

Environmental experts and community leaders fear that increased chemical and plastic pollution could devastate these ecosystems. Microplastics are known to persist in the environment, where they are ingested by marine life and can work their way up the food chain, posing risks to wildlife and potentially human health.

The bays are also a crucial sanctuary for endangered species. "San Antonio Bay and Matagorda Bay provide vital winter habitat for the wintering Aransas-Wood Buffalo Population of Whooping Cranes," noted Dr. Richard Beilfuss, President & CEO of the International Crane Foundation. "This population is the last wild self-sustaining population for this species, the rarest crane on earth... The health of these bays is crucial for the species' continued recovery."

The coalition supporting the call for a public meeting includes the Matagorda Bay Foundation, the San Antonio Bay Partnership, the National Wildlife Federation, and other local and state-wide organizations, underscoring the broad-based concern over the permit's potential impact.

The Fight for Public Voice and Precedent

With rumors of a public meeting circulating but no official announcement from the TCEQ, the coalition's letter aims to force the issue of transparency. They argue that a decision of this magnitude, which could set a new, lower bar for industrial pollution control, cannot be made behind closed doors.

Legal experts have labeled Dow's request to redefine "trace amounts" of plastics as "unprecedented." If the TCEQ approves the change, it could create a regulatory loophole for plastics manufacturers across Texas, opening the door to widespread increases in plastic pollution along the entire Gulf Coast.

The TCEQ, which has previously fined Union Carbide for violations at the Seadrift site, has remained silent on the controversy, with a spokesperson declining to comment due to the ongoing litigation. However, the agency is currently accepting public comments on the draft permit. Under TCEQ rules, citizens can formally request a public hearing by submitting comments that explicitly state, "I am requesting a public meeting," and reference the permit number WQ0000447000. For now, the fate of the bays and the future of pollution regulation on the Texas coast hang in the balance, as the 45-day clock set by the conservation coalition begins to tick.