Representative Erin Zwiener hosted a press conference with Environment Texas, Texas Sierra Club, and the Harris County District Attorney to “discuss the failures of TCEQ and Texas Attorney General Ken Paxton in dealing with systemic pollution.” An archive of this press conference can be found here.
This report is intended to give you an overview and highlight of the discussions on the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.
Luke Metzger, Environment Texas
- Here to ask AG Ken Paxton and the state to move with greater urgency on several high-profile pollution cases to hold polluters accountable
- Were several disasters in 2019 that involved: Intercontinental Terminals Company and Exxon Mobile, and TPC in Port Neches
- Were few of thousands of illegal pollution events in the state every year
- TCEQ has a poor track record in enforcing the law in such violations
- Assess penalties average 3% of cases
- County officials and non-profits have had to step up to enforce the laws themselves
- Environment Texas and Sierra Club have sued four companies; settled three cases and won a record penalty in another
- Texas AG has filed major suits and has effectively blocked local governments and nonprofits from doing it themselves
- Planned to sue Valero for over 600 violations in May 2019; Ken Paxton filed his own suit preventing their suit moving forward
- Recent laws passed allow AG and TCEQ to preempt pollution lawsuits
- Since AG filed those lawsuits, same companies have released 639,000 more lbs. of illegal pollution
- Texans need states top enforcement officials to enforce the laws we have
Christian Menefee, Harris County Attorney
- Legislature has worked to tie the hands of local officials in trying these cases
- Houston has had seven federally declared disasters since 2015
- Fifth ward has higher incidents of cancer than anywhere else in the state
- In a recording former Speaker of the House Dennis Bonnen said it would be the worse legislative session for local government
- State is consistently undermining local government
- 2015 the legislature passed a law capping the damages local governments can receive in these penalty cases
- 2017 HB 2533 allowed the state to file preemptive suits for disasters and put in a mandatory 90 day notice period if the local government intends to sue and they can take the case if they decide to
- Almost every case has been taken by the state and they are “unwilling” to go after the statutory maximum for penalties
- TCEQ asks county to use their resources to investigate and will still take the case from them
- Not trying to end business in the state or in Harris County, but companies need to be held accountable for putting people’s health outcomes and lives at risk
- TCEQ and the OAG needs to stop taking these cases from the local governments
- If they do continue taking cases, need to go after the highest penalties; currently $25k per day
- Need to remove the cap on recoveries
- Need to stop business’ collusion with government officials
Rep. Erin Zwiener HD45
- Companies need to face financial penalties for their offenses; need to build a culture of compliance
- Continuing to fight to give agencies regulatory tools to be the “watch dogs”
- Penalties are currently capped in code at 25k
- My bill HB 1820 87(R) aimed to double the maximum statutory penalty; got out of House Environmental Regulation, but did not go further
- Was the first bill of this scale to make it out of committee
- Would have tied max statutory penalty to inflation
- Will continue to work so we can hold businesses accountable
Cyrus Reed, Sierra Club Lonestar Chapter
- Sierra Club has brought suits against Chevron, Shell and Exxon; two cases settled and one historic judgment
- Later took action against Pasadena Refining
- Settled two enforcement suits against gas processing plants West of Odessa
- TCEQ and the OAG has failed Texans
- TCEQ is going through Sunset process; public has told TCEQ to uphold law and hold businesses account
- Ask Ken Paxton act against repeat offenders like Valero, TPC, Exxon, ITC and seek maximum penalties
- Sunset Commissioners and legislature should give TCEQ the tools and directive to fully enforce the law
- Could end affirmative defense, increase fines, speciate pollution, recover economic benefit of noncompliance, and revise broken compliance history
John Beard, CEO of Port Arthur Community Action Network
- Clock is running on the AG to do something in the 2019 suit of Valero in Port Arthur
- Valero is a major contributor to the poor health and air quality in South Texas
- Nothing has been done in the case since the AG has taken over
- Serving notice that we are coming for the AG, TCEQ and Valero