BROWNSVILLE, Texas - Valley Interfaith leader Adhlemy Sanchez says the City of Brownsville’s decision to file a lawsuit against Milwhite Industries is not enough.
The City of Brownsville has filed a Chapter 54 lawsuit against Milwhite, a company that is using its plant at 5487 South Padre Island Highway in Brownsville for heavy industrial work that local residents say it does not have permission to carry out.
Sanchez said she and the local residents want the plant shut down.
“Filing a lawsuit against Milwhite is a positive step but it is not enough,” Sanchez told the Rio Grande Guardian. “We want the plant shut down.”
Milwhite, which celebrated its 100th anniversary this year, mixes specialty, non-metallic minerals such as bentonite clay and barite for animal feed additives, oil and gas, and other industrial applications.
The Guardian called Milwhite for reaction to the City’s lawsuit. A receptionist said the company would not be making a comment at this time. The receptionist said she would get back to the Guardian with the name of Milwhite’s attorneys but had not done so at press time.
Sanchez was happy to talk about the lawsuit, however.
“I feel the city has been very reactive towards this matter. I think Commissioner Macis has been on top of this since she came and walked with us to gather signatures in the neighborhood. But the lawsuit is not going to help us right now.
“We continue to suffer the repercussions. The facility still operates on a daily basis, almost 24/7. Just last night, at 9:00, 10:00 o'clock at night, they were operating full force and our neighborhood was just covered in this haze.
“So, although the litigation process is great news, it still doesn't shut Milwhite’s doors. It still allows them to operate. And that's not what we want. We want them to stop.”
There has been talk of the City of Brownsville moving Milwhite to one of two new industrial parks currently under construction. One is being built by the Port of Brownsville and one by the Greater Brownsville Incentives Corporation.
“Milwhite should be in an industrial park, not a residential neighborhood,” Sanchez said.
Valley Interfaith organized a town hall meeting at St. Eugene de Mazenod Catholic Church in Brownsville last week to hear from City of Brownsville officials. The room was packed with local residents.
Sanchez said there were whispers at the meeting of a lawsuit being filed against Milwhite but nothing was confirmed.
Among the VIPs at the meeting were state Sen. Morgan LaMantia, state Rep. Erin Elizabeth Gámez, Brownsville Mayor John Cowen, Jr., Brownsville City Commissioner Linda Macias, Brownsville City Manager Helen Ramirez, Brownsville Assistant City Attorney Lena Chaisson-Muñoz, Brownsville Building and Construction Inspector Luis Saucedo, Brownsville Director of Health & Wellness Arturo Rodriguez, and Cameron County District Attorney Luis V. Saenz. Father Kevin Collins was the moderator.
“We have been told Milwhite has received 700 fines from the City of Brownsville because they have a significant number of regulations and ordinances that they are not following,” Sanchez said.
“They are handling tons and tons of product without a permit and they are working almost 24/7.”
Sanchez said one of her questions to the city leaders at their town hall meeting was:
“How is it that if a restaurant puts their customers at risk when it comes to health, they get their doors shut immediately? Why can't this facility be shut down also?
“They're putting our health at risk on a daily basis. We’re breathing in this air constantly, and it's known to cause cancer with long exposure to it.
“Why does the City continue to allow them to operate? Why can’t they just shut their doors? Especially if they're not paying their fines? They're literally just allowing them to continue to work without any concern for our health.”
In a press release, the City of Brownsville said its legal action comes after extensive efforts to seek compliance with the City’s Code of Ordinances and the Unified Development Code since August 29, 2023.
“Section 54.012 of the Texas Local Government Code empowers municipalities to enforce ordinances for the preservation of public safety, health, and compliance with zoning regulations. The City has sought, through various means, to address concerns related to Milwhite, Inc.'s operations, particularly with respect to the materials and methods used in construction, fire safety, zoning, and land subdivision criteria,” the press release states.
“Chapter 54 provides the City with legal avenues to address these concerns, including seeking a temporary restraining order, temporary injunction, and permanent injunction. On a showing of substantial danger or adverse health impacts, the municipality may obtain an injunction that prohibits specific conduct violating ordinances and requires specific conduct necessary for compliance.”
The press release notes that residents living near the industrial plant “have reported issues such as pervasive dust, constant loud noise, declining health, illnesses, discomfort, and fear arising from Milwhite's operations.”
“Given the proximity of Milwhite, Inc.'s property to a residential neighborhood and its location along a busy highway, adherence to governing ordinances is crucial for the health and safety of the community,” the press release states.
The press release says Chapter 54 lawsuit includes provisions to compel the repair or demolition of structures and recover removal costs.
“The City may also seek civil penalties and an action in rem against the structure. To underscore the seriousness of the legal action, the City may file a notice of lis pendens in the county clerk's office, notifying subsequent purchasers or mortgages of the ongoing enforcement proceedings and court orders.”
Mayor Cowen said the City of Brownsville remains committed to the well-being of its residents and will vigorously pursue legal remedies to ensure the enforcement of ordinances for the benefit of the community.
“The decision to pursue legal action through a Chapter 54 lawsuit was not taken lightly,” Cowen said. “However, it has become evident that this course of action is necessary to protect the well-being and interests of our residents. Our doors for dialogue and cooperation remain open, and we hope that Milwhite, Inc. will take this as an opportunity to rectify their practices and collaborate with the City to create a safer and more harmonious community for all.”
Commissioner Macias said: “As the District 2 City Commissioner, I am disheartened by what has happened to the residents of the Rey Jaime neighborhood, near Milwhite, Inc. I, along with the City Commission and the City of Brownsville remain steadfast in helping residents move past this in the most efficient and precise manner.”
City Manager Ramirez said: “The City of Brownsville, through its City Attorney’s Office, is taking the necessary steps to ensure compliance with our ordinances that protect the health, safety and welfare of our families and future generations to come.”
