Texas AG Sues Darling Ingredients Over Bastrop Plant Odors | Mitchell Williams Law

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Texas Sues Darling Ingredients Over Bastrop Plant Odors

Texas Attorney General Ken Paxton has filed a lawsuit against Darling Ingredients, Inc., alleging that odors emanating from the company’s Bastrop County rendering plant violate state air quality laws and negatively impact residents’ health and quality of life. The legal action, filed in Travis County District Court, stems from hundreds of complaints regarding noxious smells described as resembling “boiling blood,” “cooked grease,” and “burning feathers.”

Background on the Lawsuit

The lawsuit, initiated at the request of the Texas Commission on Environmental Quality (TCEQ), seeks to enforce the Texas Clean Air Act. According to the petition, the odors released by the Darling Ingredients facility constitute air contaminants that interfere with the public’s ability to use and enjoy their property. [Texas Tribune]

Darling Ingredients’ Operations

The Bastrop plant processes poultry byproducts, including raw chicken, blood, and feathers, as well as used grease. These materials are converted into animal feed and fertilizer. [Texas Tribune] The state argues that these operations are the source of the ongoing odor problems.

History of Complaints and TCEQ Involvement

Residents near the plant have filed over 1,400 complaints with the TCEQ since May 2024, demanding further enforcement action. [Citizen.org] In July 2025, the TCEQ issued an agreed order to Darling Ingredients, levying a $39,375 penalty for nuisance odors and related permit violations. [Hoodline] This order required the company to develop an odor-control plan, but the lawsuit alleges continued violations despite these efforts.

Relief Sought by the State

The Attorney General’s office is requesting a court order requiring Darling Ingredients to implement repairs, adhere to strict operating rules, and pay civil penalties. Specifically, the state seeks the installation of hydrogen-sulfide monitors capable of detecting concentrations at or above 0.08 ppm, limitations on the amount of time raw product can remain on-site (to a maximum of 12 hours), and improved maintenance and recordkeeping practices. [Hoodline] The state is also seeking injunctive relief, civil penalties, attorney’s fees, post-judgment interest, and court costs. [Citizen.org]

Darling Ingredients’ Response

Jillian Fleming, Darling’s global communications director, stated the company is “committed to being a fine neighbor and protecting the health and safety of our employees and the communities where we operate.” [Texas Tribune] Fleming also pointed to a company website providing information on efforts to address community concerns. [Texas Tribune]

Ongoing Concerns

Kathryn Guerra, director of Public Citizen’s TCEQ Watchdog Campaign, described the case as “one of the most egregious public nuisance cases in Texas right now,” criticizing the TCEQ for requiring a large number of complaints and years to take enforcement action against a corporate polluter. [Citizen.org]

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