444th State District Court Judge David Sanchez questions Milwhite Inc. Production Manager Victor Fernandez during the third court hearing in the City of Brownsville vs. Milwhite Inc. lawsuit March 20. Jesse Valencia/THE RIDER
A ruling remains pending in the City of Brownsville’s lawsuit against Milwhite Inc.
In a final court hearing March 20, 444th State District Court Judge David Sanchez said a decision cannot be made yet due to how difficult the case is.
Sanchez said ruling in favor of shutting down the facility can result in the company leaving minerals unattended and can still lead to dust pollution. Moving the material will create dust as well.
In the lawsuit, the city alleged Milwhite has failed to resolve various code violations and is seeking a temporary restraining order, a temporary injunction and a permanent injunction.
Residents who live near the facility have also expressed concerns of heavy pollution they say are dust emissions from Milwhite.
In her closing statement, Assistant City Attorney Lena Chaisson-Muñoz said Milwhite, which is zoned within a Light Industrial Zoning District, according to the lawsuit, is operating as “high industrial” and only shows “potential of the things they can do.”
“They don’t care,” Muñoz said.
Dennis Sanchez, attorney for Milwhite, called the material presented by Muñoz “allegations,” adding “there’s no evidence here” in his closing statement.
At the end of the hearing, residents living near the facility, located at 5487 South Padre Island Hwy., expressed their disappointment, with one of them saying, “My son can’t go outside because of you.”
During the hearing, Victor Fernandez, a production manager for Milwhite, testified that the company has 60 filters for each of the two mills they own and changes them according to need inside the building.
Attorney Sanchez asked Fernandez when he learned about the complaints in July.
Assistant City Attorney Lena Chaisson-Muñoz questions Milwhite Inc. Plant Manager Victor Fernandez, who served as a witness during the City of Brownsville vs. Milwhite Inc. third court hearing March 20 inside the 444th State District Court in Brownsville. Jesse Valencia/THE RIDER
As previously reported by The Rider, staff from the Texas Commission on Environmental Quality observed dust emissions on three occasions in July 2023, according to the lawsuit.
Fernandez said he learned about complaints in June and his team started taking “corrective actions,” adding his team utilized a sweeper more.
He said his team implemented sweeping more frequently to avoid dust after they received a complaint from the TCEQ in October.
Fernandez said TCEQ would visit two to three times per week last year to inspect the facility.
He said TCEQ has visited only once since the beginning of the year.
Fernandez said they have not received any new complaints.
Attorney Sanchez asked Fernandez about a Feb. 20 incident where relief valves opened after an air compressor went down.
He replied the company purchased an alarm system after the incident to help eliminate the problem.
Assistant City Attorney Chaisson-Muñoz asked Fernandez if there is documentation of the actions taken.
He replied that all maintenance is documented and reported daily.
Chaisson-Muñoz played videos of what looked like dust emissions around Building D, where the mills are located, on different dates.
Fernandez said dust was not leaving the building and cannot say whether the mills were working on those days.
Judge Sanchez later asked Fernandez why Milwhite has not done anything since July.
The judge then suggested to Fernandez that Milwhite reduce dust emissions by building a wall around the mills and installing a sprinkler system on top of Building D.
Judge Sanchez said he will take a look at all the evidence presented during the hearings before making a decision.
As of press time, a date as to when the judge will give his ruling has yet to be given.
Defense attorney Dennis Sanchez (right) presents his closing statements to 444th State District Court Judge David Sanchez during the third court hearing in the City of Brownsville vs. Milwhite Inc. lawsuit March 20. A ruling on the lawsuit is pending. Judge Sanchez said he wants to review all the evidence provided before making a decision. Jesse Valencia/THE RIDER
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