Formosa Four’s Trespassing Charges Dismissed
The defendants had prepared to use the necessity/justification defense, arguing that environmental and public health concerns justified trespassing
Livingston, NJ – Trespassing charges against the Formosa Four have been dismissed by a prosecutor after the group had prepared to use the necessity/justification defense to argue that environmental and public health concerns justified their actions. Just after the start of the trial, Municipal Prosecutor Michael I. Berliner moved to dismiss all charges against the Formosa Four, explaining that the State would be unable to meet its burden of proving them guilty beyond a reasonable doubt.
The Formosa Four were arrested while blocking entrances to protest against Formosa Plastics, a serial corporate polluter, for more planned plastic expansion and more than 700 new violations of a Clean Water Act settlement that requires zero plastic discharge from its Texas plant into Lavaca Bay. Those new violations added $30 million in penalty payments to the original penalties of $50 million. In August 2024, more than 70 protestors – including clergy, parents, and environmental justice leaders – gathered at Formosa’s U.S. headquarters in Livingston, NJ. Six were arrested and charged with criminal trespass, and four were proceeding to trial when the charges were dismissed.
In April, New Jersey Superior Court Judge Arthur Batista issued an important ruling reversing the Livingston Municipal Court’s refusal to allow the necessity and justification defenses. Judge Batista ruled: “It is clear to this court, that these appellants have presented compelling grounds to allow the affirmative defense of necessity - justification to be raised at trial.”
“This dismissal is just another win in the long fight against Formosa Plastics and the damage they continue to do to Texas’s environment and fishing communities,” said Diane Wilson, Environmental Activist and Member of the Formosa Four. “While this decision is a victory, I will not stop taking on this serial polluter that thinks it is above the law, and I will continue to do all that I have to do to protect my community.”
“Justice was done yesterday! It was going to be tough for the prosecutor to prove that our blocking the employee entrances for one day was not justified, given Formosa Plastics' horrendous environmental and human rights record in Texas and beyond,” said Robin Schneider, Recently Retired Executive Director of Texas Campaign for the Environment and Member of the Formosa Four.
“The dismissal of the case against the Formosa Four is a major victory for the environment and public health. We have exposed Formosa Plastics, a serial polluter which views a $50 million settlement under the Clean Water Act, a settlement requiring zero plastic discharge from its Texas plant into Lavaca Bay, and the payment of $30 million in fines for continued dumping of plastic pellets into the waterways near its factory in Point Comfort, Texas, as a ‘cost of doing business.’ We will continue our efforts to stop this fossil fuel polluter, which has done so much harm! A salute to people around the world who are working so hard together to stop Formosa Plastics.” Paula Rogovin, Co-Chair of Food and Water Watch, North Jersey Volunteer Team and Member of the Formosa Four.
“The dismissal proved that our civil disobedience at the Formosa Plastics USA headquarters was necessary and justified. Globally, the fossil fuel and petrochemical industry is worsening the crisis of climate change and plastics pollution, and Formosa Plastics Group is one of the world's biggest polluters. We will not stop this fight until they are held accountable,” said Matthew Kennedy, Petrochemical Campaign Coordinator for Texas Campaign for the Environment and Member of the Formosa Four.
“Once we received Judge Batista’s pathbreaking decision, I knew we had a very strong case for acquittal,” said Lead Defense Counsel Bennet Zurofsky. “Formosa Plastics is one of the largest producers of the ever-growing plague of plastic, which is literally polluting every place on earth, contributing to climate change, and destroying human health. It is also an evil company, with serial environmental and human rights violations in the U.S., Vietnam, Cambodia, and Taiwan. To them, even when they are hit by massive penalties, the destruction they wreak is just a trivial cost of their multi-billion-dollar annual business. It seems obvious that their greedy, destructive ways should be stopped. How could a company that regularly violates so many laws, and which commits so many illegal acts, be entitled to have the State protect their property from defiant trespass by dedicated protestors like the Formosa Four? The Prosecutor obviously made the right decision.”
Co-counsel Susan Vercheak said, “It has been a wonderful experience working with defendants Diane Wilson, Robin Schneider, Matthew Kennedy, and Paula Rogovin. They are such dedicated advocates for environmental justice and for holding Formosa Plastics responsible for its misdeeds. Mr. Zurofsky and I are honored to have represented them and very glad to have achieved such a favorable result.”
“This was a huge victory! It shows that we have to keep protesting, we have to keep fighting, we have to stand up. Justice is on our side. Even though we constantly feel that our backs are against the wall, we can continue to keep fighting. Every social movement that's ever been one has been won through resistance and civil disobedience, and regular people putting their bodies on the line to make these things happen. And that's how we'll defeat this industry. One victory today, and many more in the future,” said Jonathan Westin, Director of the Climate Organizing Hub.
Formosa Plastics Group Has a Long History of Violating Environmental Laws
Gulf Coast protectors are demanding accountability from Formosa Plastics amidst their flagrant and ongoing violations of a Federal Court Consent Decree and Order, under the Clean Water Act, which ordered that there be zero discharge of plastic from their polluting plant into the Lavaca Bay. That settlement also fined the company $50 million and required regular monitoring at its Point Comfort, TX plant. Repeated violations of the zero discharge of plastic in that case have already cost Formosa Plastics more than $28 million in fines, but they still refuse to stop polluting.
In St. James Parish, Louisiana, activists are opposing Formosa’s new $12 billion petrochemical complex slated to be built in Cancer Alley. This proposed facility is in addition to another Formosa plant already operating in Louisiana.
In Ha Tinh, Vietnam, a steel plant owned by Formosa Plastics Group was responsible for a chemical spill that’s considered the country’s worst environmental disaster in history. After fishing grounds were destroyed, the victims whose livelihoods were ruined have yet to see compensation. Additionally, over twenty activists in Vietnam remain in prison for speaking out on the disaster.
For more information about these campaigns, please visit www.formosa4.org.
The defendants had prepared to use the necessity/justification defense, arguing that environmental and public health concerns justified trespassing
Livingston, NJ – Trespassing charges against the Formosa Four have been dismissed by a prosecutor after the group had prepared to use the necessity/justification defense to argue that environmental and public health concerns justified their actions. Just after the start of the trial, Municipal Prosecutor Michael I. Berliner moved to dismiss all charges against the Formosa Four, explaining that the State would be unable to meet its burden of proving them guilty beyond a reasonable doubt.
The Formosa Four were arrested while blocking entrances to protest against Formosa Plastics, a serial corporate polluter, for more planned plastic expansion and more than 700 new violations of a Clean Water Act settlement that requires zero plastic discharge from its Texas plant into Lavaca Bay. Those new violations added $30 million in penalty payments to the original penalties of $50 million. In August 2024, more than 70 protestors – including clergy, parents, and environmental justice leaders – gathered at Formosa’s U.S. headquarters in Livingston, NJ. Six were arrested and charged with criminal trespass, and four were proceeding to trial when the charges were dismissed.
In April, New Jersey Superior Court Judge Arthur Batista issued an important ruling reversing the Livingston Municipal Court’s refusal to allow the necessity and justification defenses. Judge Batista ruled: “It is clear to this court, that these appellants have presented compelling grounds to allow the affirmative defense of necessity - justification to be raised at trial.”
“This dismissal is just another win in the long fight against Formosa Plastics and the damage they continue to do to Texas’s environment and fishing communities,” said Diane Wilson, Environmental Activist and Member of the Formosa Four. “While this decision is a victory, I will not stop taking on this serial polluter that thinks it is above the law, and I will continue to do all that I have to do to protect my community.”
“Justice was done yesterday! It was going to be tough for the prosecutor to prove that our blocking the employee entrances for one day was not justified, given Formosa Plastics' horrendous environmental and human rights record in Texas and beyond,” said Robin Schneider, Recently Retired Executive Director of Texas Campaign for the Environment and Member of the Formosa Four.
“The dismissal of the case against the Formosa Four is a major victory for the environment and public health. We have exposed Formosa Plastics, a serial polluter which views a $50 million settlement under the Clean Water Act, a settlement requiring zero plastic discharge from its Texas plant into Lavaca Bay, and the payment of $30 million in fines for continued dumping of plastic pellets into the waterways near its factory in Point Comfort, Texas, as a ‘cost of doing business.’ We will continue our efforts to stop this fossil fuel polluter, which has done so much harm! A salute to people around the world who are working so hard together to stop Formosa Plastics.” Paula Rogovin, Co-Chair of Food and Water Watch, North Jersey Volunteer Team and Member of the Formosa Four.
“The dismissal proved that our civil disobedience at the Formosa Plastics USA headquarters was necessary and justified. Globally, the fossil fuel and petrochemical industry is worsening the crisis of climate change and plastics pollution, and Formosa Plastics Group is one of the world's biggest polluters. We will not stop this fight until they are held accountable,” said Matthew Kennedy, Petrochemical Campaign Coordinator for Texas Campaign for the Environment and Member of the Formosa Four.
“Once we received Judge Batista’s pathbreaking decision, I knew we had a very strong case for acquittal,” said Lead Defense Counsel Bennet Zurofsky. “Formosa Plastics is one of the largest producers of the ever-growing plague of plastic, which is literally polluting every place on earth, contributing to climate change, and destroying human health. It is also an evil company, with serial environmental and human rights violations in the U.S., Vietnam, Cambodia, and Taiwan. To them, even when they are hit by massive penalties, the destruction they wreak is just a trivial cost of their multi-billion-dollar annual business. It seems obvious that their greedy, destructive ways should be stopped. How could a company that regularly violates so many laws, and which commits so many illegal acts, be entitled to have the State protect their property from defiant trespass by dedicated protestors like the Formosa Four? The Prosecutor obviously made the right decision.”
Co-counsel Susan Vercheak said, “It has been a wonderful experience working with defendants Diane Wilson, Robin Schneider, Matthew Kennedy, and Paula Rogovin. They are such dedicated advocates for environmental justice and for holding Formosa Plastics responsible for its misdeeds. Mr. Zurofsky and I are honored to have represented them and very glad to have achieved such a favorable result.”
“This was a huge victory! It shows that we have to keep protesting, we have to keep fighting, we have to stand up. Justice is on our side. Even though we constantly feel that our backs are against the wall, we can continue to keep fighting. Every social movement that's ever been one has been won through resistance and civil disobedience, and regular people putting their bodies on the line to make these things happen. And that's how we'll defeat this industry. One victory today, and many more in the future,” said Jonathan Westin, Director of the Climate Organizing Hub.
Formosa Plastics Group Has a Long History of Violating Environmental Laws
Gulf Coast protectors are demanding accountability from Formosa Plastics amidst their flagrant and ongoing violations of a Federal Court Consent Decree and Order, under the Clean Water Act, which ordered that there be zero discharge of plastic from their polluting plant into the Lavaca Bay. That settlement also fined the company $50 million and required regular monitoring at its Point Comfort, TX plant. Repeated violations of the zero discharge of plastic in that case have already cost Formosa Plastics more than $28 million in fines, but they still refuse to stop polluting.
In St. James Parish, Louisiana, activists are opposing Formosa’s new $12 billion petrochemical complex slated to be built in Cancer Alley. This proposed facility is in addition to another Formosa plant already operating in Louisiana.
In Ha Tinh, Vietnam, a steel plant owned by Formosa Plastics Group was responsible for a chemical spill that’s considered the country’s worst environmental disaster in history. After fishing grounds were destroyed, the victims whose livelihoods were ruined have yet to see compensation. Additionally, over twenty activists in Vietnam remain in prison for speaking out on the disaster.
For more information about these campaigns, please visit www.formosa4.org.
New Jersey Judge to Hear Necessity/Justification Defense in Connection to Protest for First Time in State History
In precedent-setting trial, judge to hear Formosa Four claim that
environmental and public health concerns justified trespassing
June 23, 2025 EVENT DETAILS
In a precedent-setting order, New Jersey Superior Court Judge Arthur Batista is allowing the Formosa Four to use environmental and public health necessity and justification as a defense during their upcoming trial for trespassing. This is the first time in state history that defendants have been allowed to present a necessity and justification defense in connection with protest activity, specifically an environmental protest.
Judge Batista’s ruling does not determine the defendants’ guilt. He has simply found that the prosecution must prove beyond a reasonable doubt that their trespass at Formosa Plastics was not necessary or justified under the circumstances, but leaves the final decision to the Livingston Municipal Court at the upcoming trial.
The date for the Formosa Four’s trial is June 23. The proceedings may continue on June 25.
Press Conference/RALLY
WHAT: Press conference and rally ahead of the trial, providing an update on the Formosa 4 case and ongoing efforts to stop Formosa Plastics' expansion in Texas and Louisiana.
When: Monday, June 23. 8:15 am.
Where: Lawn of Livingston Town Hall and Municipal Court. 357 S. Livingston Ave. Livingston, NJ. (Lots of public parking)
WHO:
Diane Wilson: San Antonio Bay Estuarine Waterkeeper on the Texas Gulf Coast and a Goldman Environmental Prize Winner who won a landmark case against Formosa Plastics for the illegal dumping of toxic plastic waste on Texas’ Gulf Coast.
Robin Schneider: Recently Retired Executive Director of Texas Campaign for the Environment
Matthew Kennedy: Petrochemical Campaign Coordinator at Texas Campaign for the Environment
Paula Rogovin: Co-chair of Food and Water Watch, North Jersey Volunteer Team
Others to be announced
Wear RED.
Court Trial
WHEN: Monday, June 23. 9:30 am. The proceedings may continue on Wednesday, June 25. 9:30 am
WHERE: Livingston Municipal Court in the Livingston Town Hall, 357 S. Livingston Ave. Livingston, NJ
Post Court Debriefing will be immediately after the trial
About the Formosa 4:
The Formosa Four were arrested while blocking entrances to protest against Formosa Plastics, a serial corporate polluter, for more planned plastic expansion and more than 700 violations of a $50 million settlement under the Clean Water Act requiring zero plastic discharge from its Texas plant into Lavaca Bay. In August, more than 70 protestors – including clergy, parents, and environmental justice leaders – gathered at Formosa’s U.S. headquarters in Livingston, NY. Six were arrested and charged with criminal trespass, and four proceeded to trial and were convicted. They appealed their conviction to NJ State Superior Court. Their case was heard by Honorable Judge Arthur Batista on April 1, 2025.
In his opinion, Judge Batista said, “[i]t is clear to this court, that these appellants have presented compelling grounds to allow the affirmative defense of necessity - justification to be raised at trial.” He highlights that the appellants had previously “pursued legal remedy successfully” to prevent further pollution, but “none of these legal avenues and court orders have resulted in the abatement of Formosa’s real and substantiated harmful actions…[so] the appellants sought to protest against Formosa at their corporate facilities…to prevent the corporation from continuing to violate the court order and continuing to cause harm to the environment.” Judge Batista adds, “[t]his is not simply a run-of-the-mill political protest against an amorphous corporation premised upon unproven injury,” noting that Formosa’s “subsequent defiance of the federal court’s order and significant monetary sanctions appear to simply be a cost of doing business.” According to the judge, this defiance provides further evidence that the company does not intend to change its practices, thereby possibly justifying the Formosa Four's defiant trespass as the lesser evil as part of efforts to obtain Formosa's compliance with the law.
“This is a huge win in the fight against Formosa Plastics and the ongoing harm they’re inflicting on our bays and fishing communities,” said Diane Wilson, member of the Formosa Four. “I’ve spent thirty-six years trying to hold Formosa accountable, but they keep polluting, and expanding, and treating the fines as just another cost of doing business. When the system fails to protect people and the environment, and our communities, sometimes you have to take more drastic measures. I’m grateful that Judge Batista recognized that reality and agreed to let us make the case that our actions were not only necessary, but they were justified.”
“This is a historic ruling – the first time a New Jersey court has recognized the necessity/justification defense in connection with a protest, let alone an environmental protest,” said Bennet Zurofsky, attorney for the Formosa Four. “Judge Batista’s decision properly allows the sins of Formosa Plastics to be weighed in determining whether civil disobedience was justified. This ruling acknowledges that defiant trespass, when used as a form of civil disobedience to prevent greater harm, can be justified under the law. I’m thrilled for my clients, the Formosa Four, who now have the opportunity to bring their case to trial.”
Formosa Plastics Group Has a Long History Of Violating Environmental Laws
Gulf Coast protectors are demanding accountability from Formosa Plastics amidst their flagrant and ongoing violations of a Federal Court Consent Decree and Order, under the Clean Water Act, which ordered that there be zero discharge of plastic from their polluting plant into the Lavaca Bay. That settlement also fined the company $50 million and required regular monitoring at its Point Comfort, TX plant. Repeated violations of the zero discharge of plastic in that case have already cost Formosa Plastics more than $28 million in fines, but they still refuse to stop polluting.
In St. James Parish, Louisiana, activists are opposing Formosa’s new $12 billion petrochemical complex slated to be built in Cancer Alley. This proposed facility is in addition to another Formosa plant already operating in Louisiana.
In Ha Tinh, Vietnam, a steel plant owned by Formosa Plastics Group was responsible for a chemical spill that’s considered the country’s worst environmental disaster in history. After fishing grounds were destroyed, the victims whose livelihoods were ruined have yet to see compensation. Additionally, over twenty activists in Vietnam remain in prison for speaking out on the disaster.
For more information about these campaigns please visit www.formosa4.org.
We demand that Formosa Plastics take action on the following:
Cancel the proposed expansion in Point Comfort, Texas, the new plant in Saint James Parish, Louisiana, and the Baton Rouge, Louisiana expansion, considering the will of the local communities living in the Gulf Coast , who cannot tolerate any additional pollution.
Agree to an independent study to ensure no residual pollution remains in the affected areas in Vietnam, and a program to prevent future incidents.
Collaborate with the Vietnamese government for the release of all prisoners who were victims or advocates.
Provide adequate compensation for the victims of the 2016 disaster in Vietnam and complete environmental restoration of the affected areas.
Formosa Plastics Group has a long history of violating environmental laws and destroying communities.
In Point Comfort, Texas, the Formosa Plastics plant was subject to the largest citizen-brought Clean Water Act settlement in U.S. history, and today continues to discharge plastic despite a court-ordered zero plastic discharge mandate, racking up over 600 violations and counting.
In St. James Parish, Louisiana, activists are opposing Formosa’s $12 billion petrochemical complex slated to be built in Cancer Alley.
In Ha Tinh, Vietnam, a steel plant owned by Formosa Plastics Group was responsible for a chemical spill that’s considered the country’s worst environmental disaster. After fishing grounds were destroyed, the victims whose livelihoods were ruined have yet to see compensation. Over twenty Vietnamese activists remain in prison for speaking out on the disaster.
Formosa Protesters Arrested
On August 2nd, 2024, protestors gathered at Formosa’s U.S. headquarters in Livingston, New Jersey during Summer of Heat’s Faith Week, a week of peaceful demonstrations to compel leaders to abandon fossil fuels and invest in a healthier, more equitable world.
During the demonstration in Livingston, Goldman-award winning activist Diane Wilson locked herself to the Formosa HQ’s employee parking gates, and was arrested with other activists who refused to leave the property.
The events were covered by New Jersey Spotlight News, Patch and Plastic News.
Six people were charged with criminal trespassing for blocking the gates and entrances to Formosa’s headquarters. Four of the six arrested, including Wilson, are choosing to head to trial, with the goal of shining a light on Formosa Plastics’ long record of perpetrating environmental injustice.
The Formosa Four
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Diane Wilson
-
Paula Rogovin
-
Matthew Kennedy
-
Robin Schneider
Diane Wilson
Diane is a fourth generation fisherwoman and executive director of the San Antonio Bay Estuarine Waterkeeper on the Texas Gulf Coast. She’s a Goldman Environmental Prize Winner who won a landmark case against Formosa Plastics, one of the world’s largest petrochemical companies, for the illegal dumping of toxic plastic waste on Texas’ Gulf Coast. The $50 million settlement is the largest award in a citizen suit against an industrial polluter in the history of the US Clean Water Act.
Paula Rogovin
Paula is a resident of Teaneck, NJ and the co-chair of Food and Water Watch, North Jersey Volunteer Team. She taught elementary school in New York City for 44 years, where she and her students initiated an effort to pass a law that bans toxic pesticides in New York City parks. Paula has been deeply involved in efforts to stop gas power plants and other fossil fuel projects in New Jersey. Additionally, she co-founded the Coalition to Ban Unsafe Oil Trains, Don’t Gas the Meadowlands, Educators Against Racism and Apartheid, and the Teaneck Peace and Justice Vigil.
Matthew Kennedy
Matthew is Texas Campaign for the Environment’s Petrochemical Campaign Coordinator, with years of experience in the global climate justice movement. He’s facilitated political education with worker-owned cooperatives and union campaigns from Connecticut to the Gulf Coast. He supported the launch of the Gulf South for a Green New Deal network, and engaged in international negotiating spaces like the UNFCCC and the IPCC.
Robin Schneider
Robin, raised in New Jersey, is an activist who once led the successful effort to stop plans to drill for oil on UCLA’s campus. Since 2000, recently retired Executive Director of Texas Campaign for the Environment, which helped close a gaping loophole in the Texas Clean Air Act, and pressured Dell and Apple to set up responsible electronics recycling programs. More recently, TCE has been working closely with Gulf Coast communities and others to fight fossil fuel export and petrochemical facilities.
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