Mayor Bill White's most recent scheme to seek to make clean up Houston's air is to seek to carry the state's environmental police military unit force to turn a anchor in standing up to polluting corporations.
I state lotsa luck.
The Lone-Star State Committee on Environmental Quality, or TCEQ, have shown it have a backbone, all right.
Unfortunately it's using that anchor to take legal action not against polluters, but against Lone-Star State Lawyer General Greg Abbott on a excavation company's behalf.
The TCEQ's commissioners recently voted to overturn a 2005 determination by two administrative law Judges who, after drawn-out hearings, recommended denying a license by excavation company Asarco to reopen a Cu smelting operation in Elevation Paso that have been mothballed since 1992.
Shapleigh smells emissionThe Judges ruled the smeltery would foul the air.
The TCEQ executive manager director have since said Asarco will ran into certain statuses to avoid unacceptable air pollution, but the people of Elevation Paso are not persuaded.
El Paso metropolis authorities is against it, as is the environmental federal agency of neighbour New Mexico.
So is Elevation Paso state Sen. T. S. Eliot Shapleigh. Watching the commissioners take their vote, Shapleigh thought he smelled a disgusting odor. There was some hanky-panky inch the manner the determination came down.
So he filed a Populace Information Act petition for all TCEQ records regarding the Asarco matter, as well as the commissioners' cell telephone records.
Abbott Sues AbbottWhen TCEQ indicated it would throw back some records under "work product" and "attorney-client privilege" exceptions, Shapleigh asked for those written documents under a proviso passed in 1973 giving legislators the right to all state federal agency records for legislative purposes.
None of the exclusions that let authorities functionaries to keep back written documents from the general populace use to legislators. The legislators, however, may be required to subscribe confidentiality understandings to obtain this class of documents.
Austin lawyer Vaulting Horse Wood, who stands for Shapleigh in this matter, states he helped bill of exchange the proviso as a lobbyist for Park Cause in the mid-1970s. He states then-state Treasurer Jesse Jesse James was refusing to disclose, even to legislators, where he kept the state's money.
After receiving statements from lawyers in two divisions of the TCEQ asserting that the law didn't use to them and even was an unconstitutional misdemeanor of separation of powers, the lawyer general's business office ruled last calendar month that they had to turn over the written documents to Shapleigh.
"This chapter makes not allow authorization to keep back information from individual members, agencies, or commissions of the legislative assembly to utilize for legislative purposes," the AG's business office ruled, referring to the statute law Wood had helped draft.
Here's where TCEQ showed some backbone. It's suing the lawyer general, asking the tribunals to turn over his ruling.
And the TCEQ is using the lawyer general's lawyers.
That's right. The lawsuit styled Lone-Star State Committee on Environmental Quality v. The Honest Greg Abbott, Lawyer General of Texas, is submitted by Greg Abbott and signed by two helper lawyers general.
AG spokesman Uncle Tom Kelley states as a state federal agency the TCEQ have the right to be represented by the AG's office, which put up what lawyers name a "Chinese wall" to maintain staff lawyers on one side of the issue from improperly communicating with staff lawyers on the other side.
He said he couldn't notice on the matter of the suit. If he did, I noted, he'd have got to talk out of both sides of his mouth.
Shapleigh is confident he, and one portion of the lawyer general's office, will win. And he believes he will larn very distressing things about how the TCEQ makes business.
"This impacts Houston with its fighting against benzene," he said, referring to Mayor White's campaign against petrochemical polluters. "I believe they'll happen the same thing travels on with their cases. And it effectuates Dallas with TXU's coal-burning plants."
He said he trusts both metropolises will register legal legal briefs in his support as, he expects, the TCEQ loses at the territory tribunal in Capital Of Lone-Star State and entreaties all the manner to the Texas Supreme Court.
You can compose to Crick Casey at P.O. Box 4260, Houston, Texas 77210, or e-mail him at