Proposed nickel refinery makes legal threat to Bryan County official

This story was updated Sunday, Feb. 1, 2025, at 4:31 p.m. to add written comments from the board chair of the Development Authority of Bryan County, indicating that the agency is aware of public concern and does not see it as appropriate to vote on the issuance of incentives and that Westwin is not on its February agenda.

The company that wants to build a nickel refinery in Bryan County has threatened legal action against the county commission chairman for allegedly spreading negative views of the project, as it seeks public support and faces skeptical environmentalists.

Westwin Elements accused Carter Infinger of defamation due to his discussions with residents about the Oklahoma company’s legal, financial and safety record. 

The company is holding a town hall Monday at Richmond Hill City Center — the first public meeting about the proposed refinery after weeks of rumors have sparked public backlash. 

Documents obtained by The Current GA confirm that the project has been the subject of confidential discussions with the state and the Bryan County Development Authority. A draft resolution shows that the company will rely on up to $230 million in bonds sold through the development authority to build the refinery at Belfast Commerce Park, and would repay investors later through revenue. Such an arrangement must ultimately be approved by the county commissioners.

DABC has not publicly explained its case for support for Westwin, or provided data about the jobs or economic impact the company has promised. Agency CEO Ryan Purvis, through a staff member, declined an interview request. 

Westwin’s attorney and Infinger did not respond to requests for comment. 

Prior to receiving the legal threat, the commissioners had published a statement distancing themselves from the project. The elected commission said the development authority was a “separate and independent entity” and that it not yet forwarded any proposals to the commission for approval. The commissioners also said that they were concerned about potential environmental threats posed by refinery technologies.

In the vacuum of information, Facebook groups filled with local residents have raised questions about potential negative environmental and community impacts from the refinery. Such skepticism has heightened amid reports that the company has gathered 3,000 signatures in favor of the plant, and a smattering of in-depth and sophisticated technical discussions posted on Facebook in favor of the company by a small group of residents with no known background in refinery technologies.

Infinger became the focus of company attention ahead of the much anticipated town hall. 

A letter dated Jan 26 from an attorney representing the company  demanded that the county commission chair retract negative statements they allege he made in public about Westwin within five days, or face the risk of litigation.

Instead, the county attorney wrote a blistering reply that detailed multiple legal battles that Westwin is currently battling in Oklahoma, where it operates a test refinery with technology it apparently wants to deploy in Bryan County.  

Westwin and its onetime partner CVMR Corporation are in an Oklahoma federal court accusing each other of deception. A New York firm is suing Westwin claiming they’re owed fees for helping to raise capital.  In Canada, at a nickel plant that uses similar technology to Westwin’s process, a worker died in 2002 after exposure to a chemical.

Bryan County’s attorney told Westwin that Infinger’s statements were both factual and related to a matter of public interest.

The letter also points out that the law protects free speech on matters of public concern — and that Georgia itself has a law against frivolous lawsuits.  

The First Amendment is only the latest aspect of a public commotion that heated up in January, when a letter to the editor of the Bryan County News appeared in support of the refinery. Plenty of residents have resisted the idea. The lawyers’ letters and other documents were first obtained by critic Kristen Stampfer and posted on Facebook. 

Batteries, steel, danger?

Nickel is a metallic element with a silvery-white, shiny appearance used primarily as a component of stainless steel, but is seeing increasing use in lithium-ion batteries, which power electric vehicles.  

The U.S. Geological Survey lists nickel as one of 60 critical minerals “vital to the U.S. economy and national security that face potential risks from disrupted supply chains.” It is the fifth-most common element on earth, according to reports the Nickel Institute, a trade group.

Nickel-containing ores are currently mined in more than 25 countries worldwide with Indonesia, the Philippines and Russia topping production in 2023, according to the USGS. 

Since 2024, Westwin has operated America’s only nickel refinery, a pilot facility in Lawton, Oklahoma, with a  maximum capacity to refine 200 metric tons per year.

Westwin wants to expand that capacity to Coastal Georgia. The company recently signed an agreement to import nickel from Brazil. KOSU in Oklahoma has reported the company has also sourced material from Turkey and Australia. 

Its operations in Oklahoma have courted controversy. U.S. Environmental Protection Agency data indicates the company operates with a Clean Air Act permit. It has no violations recorded. 

But Kiowa, Comanche and Apache tribe members in Oklahoma have raised concerns about dangerous byproducts created during nickel refining, KOSU reported. Their concerns focus on  liquid nickel carbonyl, which becomes a toxic gas when exposed to air.

Coastal Georgia environmental groups are watching the Westwin Elements project closely. Jeff Beauvais, the north coast advocate for One Hundred Miles, said he doesn’t yet know what risks are associated with the specific processing method Westwin intends to employ. It’s called the Mond or carbonyl method, and it’s used in only a handful of refineries worldwide.

“We know enough about metal refining in general to know that these things can be pretty nasty,” he said. “And so you know, this company has the burden of proof on them. They have to demonstrate convincingly that this is something that is not damaging to human or environmental health. And I would argue, even if they show that, the location is just bad. These things should not be this close to a major water body.”

The Belfast Commerce Park location, where countertop manufacturer Caesarstone previously operated, could create water safety issues for the marsh that connects to the Jerico River.

“You know, that’s a real concern from us, from an emergency standpoint,” he said. “What happens when we get smacked with a big hurricane, and we’ve got this facility located so close to an important waterway that feeds St. Catherine Sound?

Ogeechee Riverkeeper Damon Mullis echoed Beauvais’s concerns. 

“We still have many unanswered questions, but we do know that the facility’s processes will involve many dangerous chemicals and heavy metals. We also know that the proposed site is close to saltmarsh, waterways, and a populated area,” Mullis said in a prepared statement. “Because of the facts we do know, we believe the proposed facility is a threat to the local waterways and communities and urge the Richmond Hill City Council, Bryan County Board of Commissioners, and Development Authority of Bryan County to do everything they can to deter this refinery from locating in our community.” 

Public financial support

The Bryan County Development Authority has yet to release any environmental or financial evaluation of the project, though confirmed it’s working on The Current GA’s request for those documents.  The public agency appeared ready to approve the bond package, but in a written statement issued after this story was published, DABC’s board chair said that his agency is aware of public concern over the project and that Westwin itself wrote the draft board resolution for DABC’s February meeting; and has since requested it be removed from the agenda.

“All of our members have been inundated with e-mails from concerned citizens andwe welcome the comments. However, there is a lot of information that is being shared, and hostility being directed to the Development Authority, that is unwarranted,” wrote board Chair Jeff Glazer.

A draft resolution envisions a March 10 vote by the development authority board to greenlight issuing up to $230,000,000 in bonds.  DABC’s statement says that draft resolution was written by Westwin’s lawyers.

That agreement, which is dated Jan. 6, was created before public discussion, or the planned town hall. The draft documents do not specify what benefits the county would receive from the plant — such as the number of jobs — or whether the county has offered any other benefits to Westwin for choosing to relocate to Bryan County.

The financing plan would work as follows: DABC would issue tax-exempt bonds on behalf of Westwin, and the company would repay investors with its revenues, according to the draft documents. The company, not taxpayers, would be responsible for repayment.

The DABC board next meets Feb. 10 and county commissioners have encouraged the public to contact that agency if they’d like to make comments.

County development offices routinely offer to act as pass-through entities to help target companies raise money, get property tax breaks or other special treatment.

The bond sale, as structured in the DABC draft request, would also require a hearing, evaluation and vote by Bryan County commissioners, including Chairman Infinger.