Open Meetings Act Violation Filed Against Dallas Plan Commission Chair

(Dragnet(This release was sent out Wednesday afternoon…..)

(Dallas)—In the latest twist over the ordeal of what to do with old gas leases in Dallas, citizens have accused the Mayor’s appointee to the City Plan Commission of taking actions that may have resulted in a violation of the Texas Open Meetings Act while trying to reverse a denial of gas drilling permits for the last of those leases.

A group of four individuals representing themselves and various citizen and environmental organizations filed an official complaint with the District Attorney’s office alleging that CPC Chair Joe Alcantar individually lobbied Plan Commissioners over the phone prior to the CPC’s January 10th meeting in order to win a rare “reconsideration” vote to grant permits for Trinity East’s three controversial gas drilling and production sites in Northwest Dallas.

Lawyers familiar with the statute say if that’s what happened, it could be a violation of the Texas Open Meetings Act known as “daisy-chaining.” Not only would the January 10th reconsideration vote itself be illegal, but any action resulting from that vote – like Thursday’s scheduled public hearing on the reconsideration – could also be illegal.

In a letter to Dallas Mayor Mike Rawlings, City Manager Mary Suhm and City Attorney Tom Perkins, the group referred to the complaint, noting that at least three different Commissioners had independently confirmed that Mr. Alcantar, appointed by the Mayor, systematically called each of them to lobby for the favorable reconsideration vote.

“In this instance, we believe there’s a prima facie case that Mr. Alcantar met (via telephone) with members of the Plan Commission in number more than a quorum to discuss public business in private, the letter reads. “We believe this may constitute a criminal violation of the Open Meetings Act.”

The letter asks Mayor Rawlings to join the group in requesting a full investigation by the District Attorney’s office of the circumstances surrounding the January 10th vote. 

“As a result of our concerns, an official complaint, enclosed, has been filed with the Dallas County District Attorney’s Office. We want this matter fully investigated by an objective and independent third party. We ask that you join us in that call for a full investigation by the District Attorney.”

Members of the groups said that while they don’t know for certain if illegal activity took place, the allegations fit the profile of a City Hall that’s twisting the machinery of municipal government in order to get the result it wants.

“There’s no question that someone at City Hall has been tightening the screws on the City Plan Commission,” said Jim Schermbeck of the local clean air group Downwinders at Risk. “Whether that degenerated into the criminal behavior outlined in our complaint is for the District Attorney to discover.”

Besides Schermbeck, Zac Trahan of the Texas Campaign for the Environment, Raymond Crawford of Dallas Residents for Responsible Drilling, and Marc McCord of FracDallas all signed the complaint and the letter. They also all criticized the lack of transparency that has marked Dallas City Hall’s push for gas permits.

 “Ever since the original gas leases were signed in Dallas, City officials have retreated behind closed doors,” said Molly Rooke of the Dallas Sierra Club. “This is just another example of a back-room deal’ that affects every Dallas resident, but that no one sees until after the fact.”

Others in the group cited recent legal backflips by the City in what to call a proposed gas processing and compressor station facility just a few hundred feet from the new Elm Fork Soccer Complex. Last year it was a processing plant that would have required a special zoning district. This year, city attorneys say it’s only routine drilling equipment.

“The City is desperately pulling out all the stops in trying to get Trinity East’s gas permits approved,” said Zac Trahan of Texas Campaign for the Environment. “They’ve taken ridiculous positions and attempted parliamentary trickery, but this time their tactics may have gone too far.

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Addendum:

Reporters have asked why we're not naming the Commissioners who described the Chair's actions. Here's why:

We don't believe anyone but the Chair is responsible for the illegal conduct and we don't want anyone else implicated. We'll talk about what we know under oath as part of an official investigation. If individual Commissioners want to speak to reporters on their own, that's their business, but we're not going to drag them into this just for publicity's sake.

Time to Push Back and Make Some History

pushingbackDallas Plan Commission Public Hearings on Trinity East Gas Permits, including the "Rawlings Refinery"

Thursday, 1:00 pm

6th Floor Dallas City Hall, City Council Chambers

When the Dallas Plan Commission held its January 10th vote to "reconsider" the denial of gas permits to Trinity East, it didn't allow any public testimony at all about the dangers posed by these proposed drilling and production sites.

Tomorrow it will. And we need you to come and add your body and your voice to this fight.

When the Mayor and City Manager first cooked up this scheme to ram through the last three gas permits in Dallas, they didn't expect to have any roadblocks. They scheduled a meeting five days before Christmas and thought they had it locked up.

They were wrong. You showed up anyway and the Plan Commission voted to deny the permits based on your impassioned pleas for public health and safety.

When City Hall didn't like the results of that vote, and pulled the "reconsideration" stunt in January, 100 of you showed up on a work day to shame the CPC publicly in a meeting that received a huge amount of media coverage.

Now they're holding the second public hearing on these gas permits. We need a larger show of strength to demonstrate we're gaining momentum

We need you to personally come and tell the Plan Commission why it's a bad idea to allow drilling in floodplains and parks and build a refinery next to the city's largest soccer complex where thousands of kids will be playing every weekend.

We know it's getting tiresome, but when you show up at these meetings and hearings, you're helping us win this fight.

Slowly, but surely, your concerns and questions about these Trinity East permits are weighing them down and making it harder for them to get rammed through.

For example, because of your work, we're about to see a bi-partisan call for the Mayor to reject the refinery permit near the Elm Fork Soccer complex. That news will be announced at tomorrow's press conference starting at 1:00 pm.

There's also more in the works challenging the process the City is using to keep these "zombie" permits alive.

The tide is turning. But you have to keep showing up.

Nothing can take the place of a room full of angry citizens. Tomorrow, don't just watch history on TV or read about it the next day. Make history.  Thanks.

Zombie Gas Permits on the March Again

Zombiescouncilsmall

Public (re)-Hearing on the Last Three Dallas Gas Sites.……including the newly-discovered "Rawlings Gas Refinery"

This Thursday
1:00 pm
Dallas City Hall

6th Floor
City Council Chambers

Press Conference followed by City Plan Commission Mtg

This is the "do-over" hearing demanded by the Mayor in order to win approval of these permits – after the first one in December resulted in denial.

Come and defend this victory or they'll steal it away from us.

Dallas Residents at Risk, the alliance of groups that we work with on this issue, will be holding a press conference at 1:00 pm – just like we did before the much-publicized January 10th reconsideration vote –  and then heading into the CPC meeting at 1:30. Show up early because we'll be talking about a surprising new development in this fight and bringing you up to date with the latest information.

It's important to demonstrate that opposition to these permits is growing, so if you haven't made it down to City Hall before, Thursday is the day to come.

If you're a regular, then you know how much warm bodies in the audience mean to the moment.

They would have been no news coverage on the 10th without all of us standing up and publicly "shaming" the CPC over its "reconsideration vote" in person. You can't do that by e-mail or petition. We need you there. We need you clapping for the good guys. We need you hissing the bad guys. We need you. There is no substitute.

Looking for material for your testimony? Here are some things we know now about these sites that we didn't when the CPC turned them down in December…..

* Neither the Park Board nor City Council ever voted to allow surface drilling in parks. In fact, city staff assured the City Council in 2008 that would be NO surface drilling in parks. So where did Trinity East get the idea it could have two of its drill sites on city park land (The newly-named Luna Vista Golf Course and near-by gun range)? That's a really good question that nobody at Dallas City Hall has attempted to answer.

* One of the Trinity East sites now contains a large gas refinery and compressor station in addition to a pad site for 20 wells. This facility will become the 10th largest air polluter in Dallas the moment it comes on line, releasing 75-100 tons of air pollution every year only 600 feet away from the City's new Elm Fork Soccer Complex on Walnut Hill.

* Last September, the City of Dallas denied a new permit to a rock crushing facility near the Elm Fork Soccer Complex because its 17 tons of annual air pollution was deemed too threatening for children's health. However, five months later, the city is advocating allowing the operation of a gas refinery and compressor station that is estimated to release some 75-100 tons of air pollution a year. Why is 17 tons of air pollution a health threat but 100 tons is OK? Another great question nobody at Dallas City Hall has answered.

* Trinity East knew when it signed its leases with the City that drilling in parkland and the floodplains was prohibited. So why is the City of Dallas still saying its afraid of a lawsuit by Trinity for backing out of the deal if the permits are denied?

We can win if we keep showing up and asking questions.
 
Please show up this Thursday.

Magical Mystery Tour: Then vs Now

Magical Mystery Tour BusDallas city staff are trying very hard to persuade the City Plan Commission to reverse their December 20th denial of the three Trinity East gas drilling and production sites.

So hard, they engineered a "reconsideration vote" to overturn that denial, now scheduled for 1:30 pm February 7th – next Thursday.

So hard, they're flip-flopping on established positions, misrepresenting the facts, and fabricating new definitions to avoid the truth.

So hard that they're resorting to the tired and true tactic of polluters and their flunkies everywhere: "Let's Take a Tour of the Site!"

So at 8 am on Thursday morning- tomorrow – members of the Plan Commission, under heavy escort by city staff, will meet at City Hall to board buses and take a tour of the Luna Vista Golf Course drill site, the gun range site near-by, and the refinery site near the Elm Fork soccer complex just west of Walnut Hill. Interested citizens will be along as well, but city staff has told them that they may or may not be able to ride on the tour bus with CPC members and staff. Too risky we suppose – what if someone wants to challenge the staff narrative? Is such a bus ride a violation of the Texas Open Meetings Act? Good question. But Dallas City Hall hasn't been in the mood lately to observe the fussy legal niceties.

But the tour does give CPC members the chance to compress all the tricks and untruths of the gas lease controversy into a nice 3-hour package. For example:

Threat of a lawsuit from Trinity East for Not Alllowing Drilling in Parks or the Flood Plain

Then:  "When the city executed its lease with Trinity East, the words “park land” didn’t appear. The lease designated just five sites – none on parkland – as authorized drilling locations. Two sites that were on parkland were listed as ‘possible’ drilling sites, the same two locations now up for review. But city staff made it clear to the council that the company had no assurance that those sites would ever be available.” (Dallas Morning News, 2012).

Now: Trinity East says "prohibiting drilling and production in public parks is a complete reversal of the City's position when the leases were sold. In fact, two of the pending drill sites are on park lands (one adjacent to L.B. Houston Golf Course and one on the Gun Club). Not only were these sites advertised in the original RFP, but they were also specifically identified by city staff before the
leases were purchased. It will result in a breach of agreement. (2011 Trinity East Letter to Gas Task Force.

Surface Drilling on Park Land

Then: “There will be no drilling allowed on the surface of city of Dallas park land.” (2008 City of Dallas staff presentation to City Council)

Now: Dallas city staff say there will not only be surface drilling on city parkland allowed, but that city parkland will be permanently taken out of park use to allow for drilling.  There's a February 13th hearing on doing just that scheduled by the Dallas City Council.

Refineries and Compressor Stations

Then:  Under the current ordinance, compressor stations and refineries “would require a planned development district because no defined use; or must create a use in zoning districts.” (City Staff to Gas Task Force in 2012).

Now: Under the current ordinance, special zoning districts are not required for compressor stations and refineries. These are part of “normal well site production.” There is no definition of a compressor station or refinery that distinguishes it from normal well site production. (City of Dallas Staff, January 2013)

Citizens will be on the tour with fact sheets reminding the press, the CPC, and city staff themselves about these obvious contradictions. But's it up to you breathers, to remind them forcefully enough to keep the permits denied on the 7th. Keep those cards and letters coming in and be sure to show up for the CPC meeting at 1:30 pm next Thursday,

“That Deal is Cut”

An op-ed from today's Dallas Morning News…..

There’s a moment in Woody Allen’s Bananas when the newly empowered dictator goes from deliverer to deranged. “All children under 16 years old are now … 16 years old,” he blithely declares. “The official language is now Swedish.” We laugh because the decrees are at such odds with the facts.

Dallas Mayor Mike Rawlings is experiencing his own Bananas moment over old gas drilling leases and having similar luck imposing fantasy on the facts.

But he’s not letting that stop him. The City Plan Commission will hold a do-over vote Feb. 7 on gas permits sought by Trinity East because the first vote, which opposed the permits, wasn’t to the mayor’s liking.

The CPC began hearings on these permits in 2010 but stopped because members were asked to perform tasks — environmental, toxicological and engineering — that were far outside their job description as part-time citizen volunteers.

So City Hall froze all action on the permits, established a task force, let it meet for a year and issue recommendations for a new gas ordinance last spring, and then promptly ignored the results.

In November, the mayor unfroze the process, declaring that the pending gas permits would be decided by the same inadequately equipped CPC, using the same inadequate 2010 rules. After three years, Rawlings has managed to lead us to the same inadequate spot where we started in 2010. Only now, according to him, it’s adequate.

But some things have changed. A Trinity East permit that in 2010 was limited to drilling is now a huge new gas refinery-compressor station that will handle toxic hydrogen sulfide and emit at least 75 tons a year of air pollution — within 600 feet of the city’s largest outdoor recreation center.

How do we know this? Because citizens went to investigate the site plans at City Hall — something no city employee, Plan Commission member or City Council member had done.

That’s a problem because the old, used-to-be-inadequate-but-now-adequate gas ordinance states that such facilities need their own zoning districts. That isn’t part of the current permit request.

It’s also a problem because the chair of the city’s gas task force never wanted compressor stations within the city limits. They emit too much pollution.

Now City Hall is scrambling to solve the problem — linguistically. Staff says that what they defined as processing plants and compressor stations last month are no longer defined as such this month.

In other words, “Everything that was a compressor station … is now not a compressor station.”

There’s also the question of how a proposal sold as involving no surface encroachment on city park land became a policy that allows rigs in the middle of city parks and taking park land out of circulation forever. But there’s method to this madness.

It appears that Dallas City Hall made a deal with Trinity East to drill on city park land and floodplains even though no such thing was possible under current law.

“When we took the lease, we had that discussion with the city,” Trinity East manager Steve Fort told the Dallas Observer. “It was made very clear that adding that as a permitted use would not be an issue.” Or, as Mayor Rawlings later said bluntly to reporters in December, “that deal was cut.”

It’s in service to this seedy deal that the mayor and City Hall are distorting the entire municipal bureaucracy for the benefit of a single gas company.

Rawlings should recognize that he’s abetting, as Allen’s Bananas character says, “a travesty of a mockery of a sham of a mockery of a travesty of two mockeries of a sham.” He should withdraw support of the Trinity East permits. He should pass a protective gas ordinance that will process gas permits correctly. And he should demand resignations from anyone at City Hall who sold public assets to the highest bidder when those assets weren’t up for sale.

Ed Meyer is president of the Fox Hollow Homeowners Association and may be contacted at mcnalliance@yahoo.com. Jim Schermbeck is director of Downwinders at Risk and may be contacted at info@downwindersatrisk.org.

Last Rig Standing: the Stakes for February 7th Dallas Vote

Today, DMN Dallas City Hall reporter Rudy Bush wrote that the Exxon-Mobile gas drilling subsidiary XTO has decided to permanently withdraw its requests for gas drilling permits in the city. Previously, the company had said it was "suspending" activity on the permits.

With its decision, XTO becomes the second out of three gas companies to withdraw from drilling leases that were first signed with the City of Dallas in 2007. Chief Oil had already pulled out, apparently complaining that it was too hard to get a permit approved in Dallas.

That leaves only the three sites being pursued by Trinity East as the very last ones left over from the Wild West days of gas leasing in Dallas – the same sites that have been the subject of so much controversy since the Mayor unilaterally decided to push them through after Thanksgiving.

To summarize, Dallas citizens have beat back all but three pre-2008 gas drilling permit requests in order to make sure any drilling done in the city is implemented under a new, more protective, and as yet, unwritten, gas drilling ordinance.

That's why the February 7th "re-do vote" on the Trinity East permits at the City Plan Commission is a decisive one. That's why we keep asking for your help in winning it. We get rid of these three sites and we've managed to avoid the mistakes of just about every city west of Dallas over the past decade. We draw a line in the Shale.

We are three sites and one February 7th vote away from starting with a clean slate. Three sites and one February 7th vote away from not having to worry about "grandfathered" gas facilities. Three sites and one February 7th vote away from keeping Dallas responsible in its drilling.

All that's standing in our way is Dallas City Hall.

In contrast to what seems like a kind of nonchalant attitude by Mayor Rawlings in the DMN article, we know for a fact that he and the City Manager are launching a full court press to make sure the Trinity East permits get approved, despite their locations, pollutants and impact on public health. If the Plan Commission railroad job earlier this month didn't convince you, please look at what kind of legal back flips the city attorneys are doing to cover-up how bad the permits are.

Over this last week we've seen the city change its definition of what a compressor station is in reaction to discovering that it had one hiding in the Trinity East Elm Fork permit. What just last year had required a special zoning district to be built now no longer does. Now, the compressor station and refinery that Trinity East wants to operate are all just part of the "normal well head production" that every pad site has. Honest, that's what Dallas City Hall is saying – that a refinery and compressor station are now part of everyday normal pad site operation. Every well head needs one! But Dallas City Hall also says it has no way to distinguish between normal production equipment and anything bigger, including a miniature Texas City on the Trinity.

This interpretation of the current regulations was simply proclaimed by lawyers, not passed as policy. It has no basis in engineering or science or existing regulation. There are facilities much smaller than the planned Trinity East Elm Fork plant that are regulated as "compressor stations" and "processing plants" by the Texas Commission on Environmental Quality. Dallas thinks it can downsize the pollution from these facilities just by changing what they call them.

That's how desperate they are to approve these Trinity East permits. It'd be laughable  – if these things weren't being said by City of Dallas attorneys with straight faces in meetings with citizens.

It's about the process as much as the pollution now. City Hall is twisting the municipal machinery all out of shape in service to a single gas company. That's why we need you to come and stand with us on the 7th.

Dallas-based Gulf War Illness Study Points to Low Level Chemical Exposure; DMN Ignores

Shortly before Christmas, a long multi-year toxicological investigation of Gulf War Illness headed up by UT Southwestern's Dr. Robert Haley announced its final conclusions. This is a study that's received lots of attention, and many consider it the definitive work on the Illness to date. Because it involved a local Dallas medical institution and a renowned local scientist, the Morning News traced the study's progress year-to-year, with its penultimate update appearing right after Thanksgiving.

Reporting that the study had confirmed that actual physical nerve damage in veterans, and not psychological problems, was the underlying common denominator of the Illness' many different reported symptoms, including breathing difficulties, increased heart rate, decreased sexual function, perspiration and other body functions.

You see, a lot of Very Serious People didn't believe the Gulf War Vets who reported being Ill because they didn't exhibit any of the classic signs of any specific diseases or condition. As it turns out, those same Very Serious People thought the same thing about citizens who were regularly getting shat on by industrial pollution and experienced many of the same kinds of symptoms as the Vets.

Doesn't this sound awfully familiar to some of you?

“Many of these veterans have been told that there is nothing wrong with them,” Haley said Monday in an interview. “Our hope is that the physicians treating our veterans will read this study and recognize the symptoms, and that this will lead to better treatments.”

In the last sentence of the November DMN piece, Haley assured the reporter that the upcoming final chapter of his study would be decisive. Having shown that the Illness was in fact based in physiology and not psychology, Haley was ready now to point the finger at the trigger mechanism itself – what thing or things were causing this physiological response in so many Vets.

“We’re going to show proof of what causes this,” he said. “It will be a huge study with convincing evidence.”

In December, that final chapter was published in a peer-reviewed paper for a respected journal. The New York Times ran an article. And the conclusions were very controversial indeed.

"The paper, published in the journal Neuroepidemiology, tries to rebut the longstanding Pentagon position, supported by many scientists, that neurotoxins, particularly sarin gas, could not have carried far enough to sicken American forces.

The authors are James J. Tuite and Dr. Robert Haley, who has written several papers asserting links between chemical exposures and gulf war illnesses. They assembled data from meteorological and intelligence reports to support their thesis that American bombs were powerful enough to propel sarin from depots in Muthanna and Falluja high into the atmosphere, where winds whisked it hundreds of miles south to the Saudi border.

Once over the American encampments, the toxic plume could have stalled and fallen back to the surface because of weather conditions, the paper says. Though troops would have been exposed to low levels of the agent, the authors assert that the exposures may have continued for several days, increasing their impact."

So the Gulf War Vets not only suffered from some of the same symptoms as downwinders, but they get exposed in the same way downwinders do – a little bit every day.  This is the insidious conclusion of the report – that amounts of poison that the regulatory agencies (in this case, the Pentagon) tell you should result in no harm, actually cause harm.

Some scientists studying Gulf War Illness disagree with Dr. Haley. They still hold fast that stress or other psychological conditions cause the Illness. But it's the conclusion of one of the best and most thorough studies of Gulf War Illness ever conducted.

However, you'd be hard-pressed to find anything about it in the Morning News. Unbelievably, the paper didn't cover the final, headline-making conclusion of a study it's been following meticulously for years now. We don't know if the challenge to the status quo was the reason, but it seems like a strange time for the News to wig out.

But taking Dr. Haley's conclusions and overlaying them with what we know about the toxic soup that downwinders often end up being exposed to on a routine basis, one can't help but see the similarities, right down to the "they must be imagining their symptoms" response of the Powers-That-Be. Whether it's the Pentagon, the TCEQ, or EPA, Dr. Haley's research challenges the way we diagnose and protect human health from low-level chemical invasions.

Thank You for Helping Us Show Some Green Muscle Last Thursday

Regardless of what else might transpire on the way to resolving the Trinity East gas permits, there is now one unintended, but indisputable, result. The environmental movement in Dallas is growing up.

Almost 100 of you came out during the middle of a weekday and made sure your public comments were heard, even as the City of Dallas used police to try and stifle them.

Tired of the Banana Republic abuse of government, the Orwellian hypocrisy, and the bold-faced lies used to explain the raw political power plays, you used your own bodies and voices to say enough is enough. You made your own raw political power play. You dared to push back. You publicly shamed the City. Out loud. You were so rude you had to be asked to leave the premises. Imagine!

That wasn't very Dallas of you.

Or was it?

You may or may not know that the Civil Rights movement came late to Dallas, and then not as a part of any national campaign, but from the grassroots up. There's a reason the late Rev. Wright has a freeway named after him. It's because he, along with other members of the black establishment, kept MLK and the national movement from coming to town during the 1960's.

It was only after folks like Peter Johnson, Domingo Garcia, Al Libscomb, the Medranos, and Diane Ragsdale started raising hell, and started getting thrown out of the same City Council Chambers Dallas environmentalists were thrown out of last Thursday that progress came in the form of single-member council districts and city projects in minority neighborhoods. Closed off from the power structure and negotiated change, they didn't have anything to lose in engaging in confrontational tactics with the City. Indeed the city didn't take them seriously until they started doing so – and suing in federal court.

Very few out of the hundreds that came down to City Hall to protest were tossed out. But the hundreds that came supported those being tossed out. Because they knew they had to finally stand up for themselves. 

Last Thursday's police escorts out of the City Council Chambers were only the latest in along line of such escorts for people who feel like they didn't have any choice left. But it was the first time environmentalists had been the escortees. It felt like the first time the they'd said "we're not going to take it anymore." Thanks for helping us show some muscle as a community. While we may have lost the actual reconsideration vote last Thursday, your actions made sure that we won the battle over public opinion.  If you don't believe us, take a look:

Dallas Morning News : Amid Cries of Shame, Dallas Reconsiders Gas Permits

Dallas Observer: Chaos as City Plan Commission Votes to Give Trinity River floodplain Fracking Another Look

Channel 11: Protesters Oppose New Life for Drilling Fracking Project

Channel 5: Neighborhood Association President Callas City Un-democratic and Un-American

KERA: Dallas "Re-do" on Gas Drilling Permits OK'd

Last Thursday's outcry should spur more public acts of indignation, as well as a new focus on city politics. There are city council elections this May. There are pro-drilling incumbents running. There's a chance to send them a message that's even louder than the one chanted last Thursday: "You lost."

Thursday's vote means that the City Plan Commission will now "reconsider" it's December 20th rejection of the Trinity East gas permits at its Thursday, February 7th 1:30 meeting back at City Hall.

Citizens won that December vote 7-5 with two members absent. We lost the reconsideration vote 6-5 with three members absent. Two members who voted against the permits in December voted for reconsideration. Two members who voted for the permits in December voted against reconsideration because the politics were now so rank.

What does it mean? Anything could happen on the 7th.

A second rejection of the Trinity East gas permits by the Plan Commission would kill the Trinity East gas permits permanently because it would then take 12 Council members to override such a rejection and there are not 12 members willing to approve them.

An approval of the permits by the Plan Commission would give a green light to gas drilling in parks, flood plains and near schools, overrule its December rejection, and send the requests to the City Council, where it would only take 8 votes to approve them, not 12.

So – everything is at stake on the 7th. Please mark it on your calendar now. And yes, we'll be sending out reminders. Because this is where we're we're drawing a line in the sand. This is where the abuse stops. This is where we stand up for ourselves and say "enough is enough."

Was Lead Contamination the Major Cause of 20th Century American Crime?

That's the hypothesis that Kevin Drum makes in the latest issue of Mother Jones, and he has a lot of evidence to back it up.

For years, scientists have known about the link between lead exposure in children and decreasing IQ levels. More recently, researchers have discovered more subtle effects in terms of anti-social behavior and AHHD diagnosis. Now, modern toxicology is to the point where most leading researchers say there is no level of lead a child can be exposed to that doesn't have the potential to effect his or her personality.

What if you were to use what we know now about the effects of lead contamination on young minds and playback the last 70 years of American history?

The biggest source of lead in the postwar era, it turns out, wasn't paint. It was leaded gasoline. And if you chart the rise and fall of atmospheric lead caused by the rise and fall of leaded gasoline consumption, you get a pretty simple upside-down U: Lead emissions from tailpipes rose steadily from the early '40s through the early '70s, nearly quadrupling over that period. Then, as unleaded gasoline began to replace leaded gasoline, emissions plummeted.

Gasoline lead may explain as much as 90 percent of the rise and fall of violent crime over the past half century.

Intriguingly, violent crime rates followed the same upside-down U pattern. The only thing different was the time period: Crime rates rose dramatically in the '60s through the '80s, and then began dropping steadily starting in the early '90s. The two curves looked eerily identical, but were offset by about 20 years.

So Nevin dove in further, digging up detailed data on lead emissions and crime rates to see if the similarity of the curves was as good as it seemed. It turned out to be even better: In a 2000 paper (PDF) he concluded that if you add a lag time of 23 years, lead emissions from automobiles explain 90 percent of the variation in violent crime in America. Toddlers who ingested high levels of lead in the '40s and '50s really were more likely to become violent criminals in the '60s, '70s, and '80s.

Dr. Howard Mielke of Tulane, who's analyzed the blood lead data collected from Frisco and found the samples higher than the state average, makes an appearance in Drum's article because of a large new study overlaying neighborhood lead exposure to neighborhood crime in six American cities. They match up precisely.

Read the short version of the article here.  Here's an interview with Dr. Mielke.

No one knew a lead additive in gasoline would produce such an impact. Because we didn't do the toxicology. Lead was introduced in gasoline in the 1920's when the modern industrial age was just hitting its stride. Now there are some 80,000 chemicals in the marketplace, only a handful of which have been tested thoroughly, including lead, because we're still not doing the toxicology BEFORE the chemical is used in widespread commerce.

Cancer. Birth Defects. Endocrine Disruptors. Why is it so inconceivable to some that the thousands of untested chemicals coursing through the veins of our economy can't have unintended consequences just like leaded gasoline, on their own or in combination with each other? What new epidemics are we instigating even now?