Dallas Drilling Scandal: Act 3

CPC 2nd vote - line of speakersSee what happens when you show up?

Last Thursday's razor thin vote by the City Plan Commission to deny the Trinity East gas permits –  for a second time – was proof that Dallas environmentalists can marshal the political muscle it takes to beat City Hall on a critical issue of public policy, even when the system is scandalously rigged against us. Can anyone else remember the last time that happened? This is one of those turning points in the maturity of the city's green movement and the city itself.

By showing up in record numbers for the third meeting in as many months, you won the latest round in "one of the biggest zoning fights Dallas has ever seen" according to the Dallas Morning News. Plan Commission members remarked they had never seen the kind of crowds that turned out for the gas permit fight. Congratulations and thank you very much.

kids-thank-you-cardsWe know it's hard for you to take off work or home responsibilities and come down to City Hall for the day. But this was time well spent. By recommending to deny the permits, the Plan Commission forwards them to the entire City Council for a final vote that by rule will require a "super majority" of 12 council members to overturn. By our math, there is currently no such super majority in favor of the permits, although the margin is whisker close again. So where does that leave us? How do we finally kill the Dallas zombie gas permits?

A FINAL COUNCIL VOTE – BUT WHICH COUNCIL?

The very first motion made at last Thursday's City Plan Commission meeting was by permit supporters and it called for postponing a vote until June – after a new city council is seated. That should be your first clue. Trinity East supporters must believe they stand a chance of electing a more pro-drilling city council than the one now seated.

Angela Hunt, Sandy Greyson, and Scott Griggs are steadfast opponents of the permits. Carolyn Davis is believed to be against them. Those are the four votes that can uphold the CPC denial of the permits and deny the supporters their 12- member super majority to overturn.

But it takes five council members to bring an item to the agenda for a vote. And there is no deadline for action by the Council – the CPC decision could lay out there for an indefinite amount of time with no follow-up by Council necessary. If supporters don't think they have at least 12 votes now, they can wait until they think they do…in June.

Rumor has it that Hunt, Greyson and Griggs are trying to find a fourth and fifth council member to help bring the Trinity East permits up for a vote now –  in April or May – and uphold the CPC denial. We support this strategy, and have an easy way for you to help make it happen. Our "Featured Citizen Action" has a new and direct message to all 15 members of the Dallas City Council: VOTE NOW AND VOTE NO. As always, you can add your own message as well. Be the first one on your block to send yours.

Voting-booth-2THE FIGHT HAS ALREADY MOVED INTO THE VOTING BOOTH

Look again at that list of the four council members who most observers believe make up the current firewall of opposition to the Trinity East permits.

Angela Hunt is term-limited. She won't be there in June. Her hand-picked successor is Phillip Kingston, a solidly anti-Trinity East permit candidate who faces a very well-funded pro-permit candidate. Environmentalists are backing Kingston, but he's not a shoo-in.

Scott Griggs is being forced to run against fellow incumbent Delia Jasso for a new North Oak Cliff district, which is also shaping up to be a tight race. If their attitudes regarding the revelation of City Manager Mary Suhm's secret agreement with Trinity East are any indication, Jasso is a permit supporter.

If both anti-permit candidates lose, and the rest of the current council remains the same, chances are very good the permits would have their super majority and breeze through in June. If you want these gas permits denied, you need to work and vote for Kingston and Griggs.

That's also why the Claudia Meyer vs Vonciel Hill race in District 3 in Southwest Dallas is also so important. It's the only city council race that features an over-the-top supporter of the Trinity East permits running against a longtime grassroots opponent. For environmentalists, it's the same kind of proxy war over drilling in Oak Cliff that took place two years ago when pro-drilling Dave Neumann lost – only now its even more important that the good guys win. This race could provide the margin of victory needed to make sure the CPC denial is upheld.

THE NEW FRONT IN IRVING

One of the largest contingents to show up last week in Dallas were the Irving residents who are just now waking up to the fact that they live only a short distance downwind of all of the Trinity East sites. This is the residential piece of the opposition puzzle that was missing until recently – a built in constituency.

Want to see the kind of cross-examination that Trinity East should receive in Dallas, but never has? You have to tune into Irving City Hall TV, where the day before the CPC vote, Councilwoman Rose Cannaday got to ask company president Tom Blaton lots of interesting questions about its intent with regard to those Dallas wells it wants to drill so close to the Irving city limits. One thing we learned was that although the company is drilling straight down in Dallas, it's making a lateral turn to the Northwest that takes all the wells under Irving. Funny thing about that – Trinity East doesn't have a contract with Irving to take its gas yet. So the company appears to be gambling everything on pursuing three Dallas permits before it even secures the gas rights it needs to exploit them.

It's unclear if Irving alone could or will stop Trinity from being able to do what it wants in Dallas. But what's apparent is that this is now as big a political issue in Irving as it is in Big D, or bigger.

By successfully pushing back last week, Dallas environmentalists have upped the ante. Now you have to follow through. If you're not already volunteering in one of the local council races that could make a huge difference in a June Trinity East permit vote – please do so this week. The election is May 11th and early voting begins April 29th. This is where the front lines of the fight are right now.

And don't forget to send your new message to the current city council: VOTE NOW AND VOTE NO.

We're in Act 3. We can write the happy ending. We can paint the picture. But we have to show up.

Easter’s Here, Do You Know Where Your City Manager Is?

Mary Suhm easter 2.0"Miss Suhm, this is a Good Friday moment, but I guarantee you from the faith well into which I reach, your Easter is coming and you will sail forth.”

– Dallas City Council member and District 3 candidate Vonciel Jones Hill, offering Dallas City Manager Mary Suhm moral support after questioning by Angela Hunt over the Trinity East gas permits, Wednesday, February 27th, 2013

Exide’s Crappy California Smelter Raising Cancer Risks

Blast furnaceWe've linked to the sad and horrible stories coming from ex-employees of the Frisco Exide Lead smelter that paint a disturbing picture of what went on when the public and regulators weren't looking. But this is Texas, where you practially have to have dead bodies piled up along your fenceline to get the state to do much about polluters and their pollution. What might happen if Exide were to have a rogue smelter in less-polluter-hospitable place, like, say, California

A battery recycling plant in Vernon is being told to reduce its emissions after recent tests showed it is posing a danger to as many as 110,000 people living in an area that extends from Boyle Heights to Maywood and Huntington Park.

The South Coast Air Quality Management District announced late Friday that Exide Technologies, one of the largest battery recyclers in the world, must also hold public meetings later this spring to inform residents that they face an increased cancer risk and outline steps being taken to reduce it.

Air district officials said Exide's most recent assessment showed a higher cancer risk affecting a larger number of residents than any other of the more than 450 regulated facilities in Southern California over the 25-year history of a program to monitor toxic air contaminants. The primary contaminant in this case was arsenic.

There has been "nothing close to this … never," said Sam Atwood, spokesman for the air district. 

In a statement, Exide officials said they planned to work with the district on emissions reductions "that we expect will meet or exceed" requirements. "Exide takes its environmental responsibilities seriously…."

Yes, so seriously, they've waited until they got caught to address these arsenic emissions. According to the most recent estimates, the company is posing a risk of 156 cancers per million population. The EPA standard is one in a million.

Under California's regulations, when cancer risk from a facility reaches 10 per million, public notification is required. When it hits 25, facilities must take steps to reduce their emissions. Exide was six times over that limit.

Since the 1987 Toxic Hot Spots program went into effect, only about 20 facilities in Southern California have ever reported risks that were greater than 25 in 1 million. More than 95% of the facilities the air district regulates have risks under 10 in 1 million.

California will force Exide to produce a "Risk Reduction Plan" within 6 months that will have to outline how the company will reduce its arsenic emissions. Failure to do so could result in $25,000 a day fines and a shut down order from a judge.

Meanwhile, Exide is doing everything possible in Frisco to make sure that city will have lead-waste landfills along Stewart Creek and near downtown forever – refusing to remove the hazardous waste that's been found in them in favor of "treating" it in place in town and saying it wants to "cap" all the dumps and landfills, even though many are on slopes and one is even partially in the flood plain.

Our bet is that Exide will choose to close its California smelter rather than install state-of-the-art controls, and then Frisco will have yet another community to commiserate with over the company's toxic leftovers.

Study: Car Traffic As Bad As Second Hand Smoke in Causing Asthma

traffic jam_EQA large new European study released this week found that as much as 14% of chronic children's asthma in the Continent's urban areas could be due to traffic pollution. That would put it on par with the effects of second-hand smoke, linked to anywhere from 4 to 18% of all childhood asthma. 

"Air pollution has previously been seen to trigger symptoms but this is the first time we have estimated the percentage of cases that might not have occurred if Europeans had not been exposed to road traffic pollution," lead author Dr. Laura Perez, at the Swiss Tropical and Public Health Institute, said in a press release. "In light of all the existing epidemiological studies showing that road-traffic contributes to the onset of the disease in children, we must consider these results to improve policy making and urban planning."

Although the idea of getting cars off the road as a benefit of mass transit isn't new, this study and others that have been published recently flesh out a new public health concern about the immediate impacts of such reductions in the neighborhoods adjacent to highways. Often these neighborhoods are already low and moderate income, and/or minority-majority with higher-than-average asthma rates already institutionalized because of lack to access to care, poverty or other factors. Highway plannning has yet to take this kind of localized impact into account, especially in Texas and DFW, where regional highway builders are still salivating to build the Trinity Toll Road straight through the middle of Dallas or criss-cross Ft. Worth neighborhoods with the new "Chisholm Freeway."

Asthma affects one in 12 people, or 8 percent of the U.S. population, according to 2009 data from the Centers for Disease Control and Prevention. The number has increased since 2001, when one in 14 people were affected.

Your’re Downwind of Lots of Burning Trucks

Burning TruckA funny thing happened to Dallas Morning News automobile columnist Terry Box while he was out test driving a new Dodge pick-up truck – it self-immolated and burned to ashes on the side of the road. As he writes about it, his experience is both funny and terrifying. But something he noted in how cars and trucks are made these days caught our eye:

"Open the hood of your late-model car or truck, and you’ll see a half-acre of plastic — actual engine pieces like valve covers, caps and containers for various liquids.

Thirty years ago, most of the pieces under the hood were metal and resistant to fire.

A fire in a modern vehicle burns fast and furiously. What’s intact for the moment can be gone or enveloped in toxic smoke in a matter of seconds."

Yep. When we've described the lovely new cement additive called ASR – Auto Shredder Residue – we've often talked about all the vinyl seats, dashboard and switches that get stipped out of a car and shredded, then thrown into a cement kiln. We really haven't talked about all the plastic in the engine compartment that would also be included in this new "fuel" that  TXI has already been permitted to burn at its Midlothian cement plant.

As more and more of every car is made of "soft materials" – that is, not metal – more and more of it becomes fodder for cement kilns. This is material that could be recycled but isn't, and as long as it's cheaper just to burn it, there won't be amrket for recycling it.

Here's the thing, burning plastic creates bad kinds of pollution, including the creation of Dioxin, one of the most potent posions ever discovered by science.  The same "toxic smoke" Terry Box saw pouring off of his burning Ram pick-up is created when you throw the same plastic parts into a cement kiln. The cement industry would like you to think that all of that is taken care of by the polluton control measures installed at the kilns, but it's not. There's no real time Dioxin montoring, much less any kind of monitoring for the host of other exotic fumes coming off burning plastic of various kinds. They barely even know what or how to test for such pollutants, but that doesn't keep the cement industry from marketing its kilns as "Long, Hot, and Good for America"™

If you're an old-timer, you might remember an earlier episode or two that occurred when the cement industry, including TXI, assured everyone that it could burn hazardous waste and make it completely disappear into water vapor. Remind us, how did that turn out?

Want to Send Dallas City Hall a Message? Claudia Meyer For Dallas City Council

peoplepowerAs hard as it is to believe, despite everything that's happened, Dallas could wind up with a more pro-drilling City Council in May than it has right now. Angela Hunt is term-limited. Scott Griggs is being paired with another incumbent, Della Jasso, and one of them won't be back. That's two out of the three major drilling opponents. Only Sandy Greyson is safe.

That's why it's important to look at the only Dallas City Council race that pits a grassroots environmental leader of the drilling fight against an over-the-top supporter of more drilling – Claudia Meyer vs. Vonciel Hill in District 3, a new district that includes much of Griggs' Oak Cliff and Southwest Dallas turf along with precincts from Hill's old District 5.

ClaudiaMeyerPress_SMALL-1You know Claudia, even if you haven't met her personally – because she's one of you. She's a 20-year Dallas resident, who along with her husband Ed, was there at the very beginning of the Dallas fight four years ago. Like so many others, curiosity about a proposed well near her neighborhood initialed research and activism that continues today. She attended every single Dallas Gas Drilling Task Force Meeting. She's a co-founder of Dallas Residents at Risk. And if that's isn't enough bone fides for you, she's also an original Downwinder, a veteran of the TXI hazardous waste fight of the 1990's.

Vonciel Hill is a two-term incumbent who enthusiastically supports gas drilling and has shown a propensity for cronyism in office.

Most recently, you might remember her from her February 27th rant comparing City Manager Mary Suhm to Christ for having to suffer through Angela Hunt's cross-examination of Suhm about the circumstances of the secret agreement between Suhm and Trinity East over their pursuit of gas drilling permits in Dallas. The Dallas Observer's Jim Schutze wrote a column about it the next day headlined: "Vonciel Hill: City Council Member, Prophet, Theologian and Sell-Out:"

Yesterday in a Dallas City Council debate over gas drilling on city parkland, Hill compared council member Angela Hunt to Haman, the killer of Jews and symbol of all evil in the Book of Esther.

 

Not done yet. Next, Hill compared Dallas City Manager Mary Suhm to Jesus Christ. She predicted that Suhm would one day rise from the dead and enjoy her own personal version of Easter.

Council member Hunt had questioned City Manager Suhm sharply over a deception Suhm pulled on the council in 2008, promising to fight against gas drilling on parkland, then secretly signing a deal with a gas company saying she would win them permission to drill on parkland, then taking a $19 million check from them, on behalf of the city, in return for the deal that she hid for years from the council and from the public until Hunt and council member Scott Griggs got onto it recently.

"Recall in the story of Esther how Haman built the gallows for Mordecai, but it was Haman who hanged on the gallows. Those who affix the gallows for you may themselves hang on those gallows.

"And then reach forward from the Hebrew scriptures to the New Testament scriptures, where those who said of Jesus Christ on Good Friday, 'Well, he's done, he's dead, we've got him now,' wait three days, because Easter will come and there will be the resurrection. And those who pierced him on Good Friday are no longer known, and their names are not around, but two thousand and some years later, the name of the Christ is still ringing forth.

"Miss Suhm, this is a Good Friday moment, but I guarantee you from the faith well into which I reach, your Easter is coming, and you will sail forth."

One last thing about this. Since Hill is the one who chose to put the gas drilling debate on these terms, I think it's fair for me to turn it around and ask her a question on the same terms. And this is not a joke.

If Jesus Christ had signed a secret covenant with the Romans agreeing to look the other way while they screwed over the Jews, would we remember his name today? Really? Or wouldn't he have been just one more forgotten cheap politician who took on all sorts of cheap gaudy religious airs in order to pump up his profile? Like you, Ms. Hill. Exactly like you.

vonciel_hillSo many people were disgusted by her performance that day that Claudia was overwhelmed by requests to run against Hill. At the last minute, Claudia said yes. 

This race is now the necessary next step in the Dallas Drilling Fight. The stakes are very high. If Claudia runs and doesn't win, it not only sets the cause back, but residents could very well have a Dallas city council that will be more pro-drilling than now.

Claudia starts out in a familiar place: underfunded and overworked. That's why she's asking for your help. She's requesting that you please go to her website contribution page right now and send her some needed cash.  She needs to raise $9,000 by the end of the first week in April to be able to run the campaign she needs to run to win. Do this today if you want to send City Hall a message that you will continue to fight its drilling plans. 

Claudia also needs volunteers to help block walk and make telephone calls, and deliver yard signs. She needs the same army that shows up at City Hall to show up in District 3 to carry the day. Send an e-mail to elect.claudiameyer@gmail.com and let them know you want to volunteer for the campaign. Do it today please.

Remember how you're always saying you'd really like to work for a candidate you believe in? Remember saying how you wish you could send those so-and-so's down at City Hall a real sign of how you feel? The time is now. The opportunity is an e-mail away. In these campaigns, every day is like a week. Don't waste any time. Don't put it off. Or come May, you may find yourself with a City Council that wants to Drill, Baby Drill.

We Have a Winner

green-awardWith all the commotion last week over the Dallas drilling vote, we were negligent in covering the 2013 Green Source DFW Awards for Environmental Leadership reception in Deep Ellum. This is a great annual event organized by the Memnosyne Institute that manages to assemble most of the area's environmental groups and personalities without a call to action for any crisis, only an evening of relaxed peer engagement. It's a small but significant sign that there is some infrastructure to the movement.

This year, Molly Rooke, a Downwinder board member and 25-year volunteer for the Sierra Club, won Volunteer of the Year. Molly has been active on clean air issues since 1988. She's a veteran of the TXI hazardous waste-burning fight of the 1990's and early oughts. Recognition for her contribution was long overdue.

Friends of Tandy Hills (think "Prairiefest" ) won Grassroots Non-Profit Group, as a going away present for founder Don Young, who's moving to Marfa, Deborah Branch of Keep Forth Worth Beautiful won the Non-profit Professional of the year, Frito Lay won the Corporate award and Recycle Revolution won in the Entrepreneur category. Congrats to all the winners and thanks to the folks at Memnosyne for hosting.

Be There When The Picture Is Painted Today

Paint Set"Those who profess to favor freedom and yet depreciate agitation want crops without plowing up the ground, they want rain without thunder and lightning. They want the ocean without the awful roar of its many waters. Power concedes nothing without a demand. It never did and it never will."

– Frederick Douglass   

   

 

"They always say time changes things, but you actually have to change them yourself"

– Andy Warhol

   

 

"You have to make more noise than anybody else, you have to make yourself more obtrusive than anybody else, you have to fill all the papers more than anybody else, in fact you have to be there all the time and see that they do not snow you under, if you are really going to get your reform realized."

Emmeline Pankhurst  

      

 

"The only place you can truly be universal is in your own back yard."

– Dietrich Bonhoffer

    

  

'Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals."

– Martin Luther King, Jr.

 

  

"The important thing is to be there when the picture is painted."
 – John Minton   

 

 Today, Thursday, March 21st 

Dallas City Plan Commission  

Vote on Trinity East Drilling Permits 

 

1:00 pm Press Conference  

1:30 pm Meeting Begins

 

Dallas City Hall  

6th Floor

Dallas Park Driller Was Former Haz-Waste Handler Forced to Shutter California Plant for Violations

hazmat_cdc-300x204The President of the company at the center of the current Dallas drilling controversy was Vice-President and General Counsel of a hazardous waste disposal firm that was forced to close its California plant site after a long history of environmental violations.

Thomas Blanton is President of Keystone, the parent company of Trinity East, which is applying to the City of Dallas for three gas drilling and production permits in the Trinity River flood plain near Irving. But in the 1990’s and early years of this century, he was a leading officer of the Board of Directors of US Liquids, a large broker of hazardous wastes that had its California facility ordered shut by the state’s California Department of Toxic Substances Control.

From 1999 to 2003, US Liquids owned Romic Environmental Technologies Corporation. Romic’s Bay Area operation received hazardous wastes from throughout the country, “blended” them on-site, and then shipped the toxic soup for use as “fuel” for cement plants like the TXI kilns in Midlothian.

Records show that from 1999 to 2004, Romic was slapped with 28 separate environmental violations by the State of California, which resulted in penalties of $849,500. The California Occupational Safety and Health Administration (CalOSHA), discovered 57 violations at the plant from 1988 to 2004, totaling another $163,360 in fines.

Romic closed in 2007 on orders from the state of California as part of a legal settlement stemming from a series of environmental violations. The state and EPA ordered a clean up and closure of the facility after extensive soil and ground water contamination was discovered over most of the site. According to the EPA, the contamination is primarily attributed to the spills, overflows, flooding events, and other accidental releases around the “central process area.” The primary contaminants were volatile organic compounds such as trichloroethene (TCE), a solvent used to clean metal parts. Toxins migrated as much as 80 feet below ground that borders San Francisco Bay tidal marshes.

All three sites that Blanton’s company wants to drill on are located in the Trinity River’s 100-year flood plain; two are also on City of Dallas park land. Opponents have warned about probable contamination from surface spills, which a 2011 UT study concluded were more frequent with fracking than conventional drilling.

It was recently disclosed that a Trinity East sister company experienced a casing failure at an Irving gas well it tried to drill in 2009, although the extent of any environmental damage caused by the incident remains unknown. 

“Does Dallas really want hand over its park land to a businessman who has a history of contaminating and threatening soil and water resources?” asked Gary Stuard, Chair of Downwinders at Risk, a local DFW clean air group that’s been battling the Trinity East permits.

After denying Trinity East’s permits once last December, the City Plan Commission is scheduled to vote a second time on them at its meeting on Thursday afternoon.

Stuard was critical of the lack of due diligence city staff had performed on Trinity East and its owners and said this new information was another example of residents doing the job themselves.  “There’s never been a review of the company’s track record by the City. It had gone completely unexamined until Dallas residents took it upon themselves to do the research. What else don’t we know because the City isn’t doing a routine background check?”

Back in California, the first phase of the EPA-ordered clean-up at the Romic site ended in 2010 with clean-up of surface and above ground messes.  A second phase is addressing the remediation of below surface soil and groundwater contamination. The estimated cost for closure and cleanup of the facility is $2.5 million.