air toxics
Another Study Links Autism to Air Pollution
The more Ozone and Particulate Matter pollution a baby in the womb is exposed to, the more likely he or she will be born with autism according to a new UCLA study published March 1st in Environmental Health Perspectives, a peer-reviewed journal published by the National Institute of Environmental Health Sciences. It's the largest study of its kind to date and is the first to link autism with ozone, or smog, levels.
Researchers compared levels of air pollutants, mostly related to vehicle traffic, during pregnancy gestation periods of 7,603 children with autism and 75,635 children without autism, born from 1995 to 2006 in Los Angeles. Babies at the 75th percentile of exposure to toxins had a 8 percent to 10 percent higher risk of autism than babies at the bottom 25th percentile, the study said. Ozone and fine particulates had the strongest association with autism.
Using government air monitoring stations, researchers estimated average exposures during pregnancy to carbon monoxide, nitrogen dioxide, nitric oxide, ozone and particulate matter. The study adjusted for factors that include maternal age, birthplace, race and education. Using birth certificates, researchers compared control children with non-control children who had matching birth year, sex and gestational age at birth.
"These findings are of concern, since traffic-related air pollution is ubiquitous," said Dr. Beate Ritz, chair of UCLA's Department of Epidemiology and the study's senior author. She said she was reluctant to advise expectant mothers to leave LA or polluted cities, because that's not an option for many. "We can't tell them to not breathe or not go outside or not go to work," she said. She did recommend avoiding sitting in traffic, when pollutant exposure is worst."
Autism is a spectrum of disorders ranging from a profound inability to communicate and mental retardation to milder symptoms seen in Asperger's syndrome. The Centers for Disease Control and Prevention estimates that autism affects one in every 88 children born in the U.S., a 25 percent increase from 2006.
Research on autism and exposure to chemicals has been limited. Studies from 2006 and 2010 found an association between autism and air pollutants from industries and other sources.
A study in 2010 was the first to look at autism and toxins specifically from auto exhaust. The study, based in California, reported that children born to mothers living within 9/10 mile of a freeway during pregnancy were more likely to be diagnosed with autism than children whose mothers lived more than 1/4 mile from a freeway. However, the sample size — 304 autism cases and 259 controls — was much smaller than the just-published UCLA study.
Most policy discussions concerning air pollution in DFW surround the damage done to lungs, or maybe hearts and lungs. Rarely are the other, now well-known associations between air pollution and birth defects, or air pollution and brain function mentioned. And even rarer is the fact mentioned that these harms are often occurring at levels of pollution considered to be officially "safe" or at least legal. We really have no idea what the assault on our bodies by chemicals we involuntarily breathe actually can do to our health over the long term. That's why we should minimize exposure to them as much as possible. And that means limiting the chemicals' movements, not those of expectant moms.
Dallas Drilling Scandal Gets Its Very Own SLAPP Suit Threat
Let's see, so far the Great Dallas Drilling Scandal™ includes illegal drilling sites, a secret agreement, secret wells….in Irving, citizen protests, allegations of Open Meetings violations, likely Open Records violations, a surprise refinery, comparisons to Christ, and at least one grassroots city council candidacy. Missing until now was it's very own SLAPP suit (Strategic Lawsuit Aimed at Public Participation).
Check.
Monday saw the announcement that lawyers for the company behind the three controversial Dallas gas permits had sent a nasty letter to one Zac Trahan of the Texas Environmental Campaign telling him to cease and desist in handing out flyers telling people that a casing failure at one of the company's wells in Irving could have harmed groundwater. Since it happened deep underground and there has been no public disclosure of post-failure testing, it's impossible to say whether it caused harm to groundwater or not. But that didn't keep Trinity East from wanting full exoneration. According to a letter from the law firm representing Trinity East,
"That statement is absolutely false. Trinity East's prior well did not contaminate any underground water aquifers. In fact, any casing failure on that well could not have caused or produced aquifer contamination because surface casing was set and cemented at required depths (per Texas Commission on Environmental Quality rules) to protect all fresh water aquifers. TCE's actions are unlawful, and constitute, at a minimum, defamation under Texas law. There is no question that TCE fabricated this fiction and then disseminated it with the specific intent of interfering with Trinity East's rights under its lease with the City of Dallas."
That would be the previously undisclosed lease(s) with the City of Dallas over at the University of Dallas, in Irving (it's complicated) that have only recently come to light after citizen investigation and published reports in the Dallas Observer and Morning News.
The flyers in question were from Dallas Residents at Risk and only claimed that the casing failure may have contaminated groundwater. There's no way that Trinity East's lawyers could prove there was no contamination. We'll probably never know for sure. But the primary point of the letter is not to dispute the statement. It's to scare Zac, TCE and Dallas Residents at Risk into not saying stuff like this again, or they'll sue. Or at least talk a lot like they're going to sue. They'll really mean it. Sort of. Honest.
The tip-off about what this letter is really about is that it didn't come from the law firm representing Trinity East in the permitting process but from a firm (Kelly Hart and Hallman) that apparently makes targeting environmental groups a specialty. Only a short while ago, it actually sued TCE over a landfill expansion dispute. In this case however, Trinity East probably dreads actually taking Zac and Co. to court because then all documents about the (previously undisclosed) well could be reviewed by TCE and the public.
Although it's a sideshow to the on-going scandal over approving permits to do things that aren't legal, Trinity East's letter shows citizens hit a nerve by pulling back the curtain on the company's current operations. Representatives of Trinity East never fail to mention how many wells the company has drilled in the Barnett Shale, but as far as we can tell, nobody at Dallas City Hall has ever researched the company's environmental and safety track record. Once again, it was citizens performing the minimum due diligence that first came across the information on the existence of the Irving wells themselves, much less the casing failure.
Oh that. On February 7, 2013 Trinity East Energy's Tom Blanton told the City Plan Commission that "Trinity East Energy has never had a casing failure." Was he forgetting about the Irving well? Was he fudging a bit because it was done by the "Expro Energy" part of Trinity East? Or was he just not telling the truth? No matter, Dallas City Hall took the claim at face value and never checked. Why not? Maybe because they knew that doing so would reveal a long-standing prior relationship between the City and Trinity that included a well with a casing failure. Wow. That would be embarrassing.
Science Outpacing EPA Lead Contamination Standards
People who don't know any better expect agencies that are charged with removing environmental threats to public health to be on top of the best and most recent science. However, because of the glacial pace of government environmental oversight, that's hardly ever true. It takes years, and sometimes decades for "safe standards" to be updated or created. When they are, they're sometimes instantly obsolete because a new generation of studies has shown harm at even lower levels of exposure. This is why impacted citizens have to have a DIY philosophy to seek out the most recent science themselves – you can't depend on government to have already incorporated it or be using it as a guide.
A particularly depressing example is the way the US EPA is dealing with lead contamination and its soil and dust standards. The last time these were updated, Bill Clinton was President. There's been a lot of science produced on lead poisoning since then and all of it points to lower and lower levels of exposure causing harm. In fact, there's a consensus among researchers that there is NO safe level of exposure to lead. It's not that every exposure will harm you, it's that every exposure is capable of doing harm – especially to children.
There's also overwhelming public policy consensus that exposures to lead should be minimized as much as possible. Reducing exposure to lead is now linked, not just to better physical health, i.e. less cancer, liver disease, etc., but to higher IQs and test scores in schools, less anti-social behavior, and even less crime. In California, the lead standard for soil has been reduced to 80 parts per million, compared to the circa-2000 EPA standard still in place of 400 ppm.
Acting in recognition of these facts, for the first time in over 20 years the federal Centers for Disease Control revised its lead-in-blood standard for children in 2012, cutting in half the amount it said should trigger a response from parent and doctor. As a consequence, the EPA's own Children's Health Protection Advisory Committee sent a letter to then-Administrator Lisa Jackson calling for the agency's "immediate and urgent attention" to revise the nation's lead dust and soil standards because they had been based on the previous, now-obsolete CDC standard.
But in the latest installment of her year long award-winning series of articles on the topic, USA TODAY's Allison Young quotes EPA officials as saying they have no current plans to update those standards to reflect the new CDC lead in blood action level. This, despite studying the issue since 2009. What difference does it make?
In places like Frisco, Texas that experienced decades of lead contamination from a poorly and often illegally-operated lead smelter, it means the EPA will allow what it knows to be dangerous levels of lead to remain in soil and dust that otherwise would have to be cleaned-up.
This is Exhibit A why citizens cannot leave environmental protection to government agencies alone. This is why Frisco residents, organized by Frisco Unleaded, are trying to intervene directly in the closure and clean-up of the Exide lead smelter. If you leave it up to the state or EPA, you won't have the best science, or the most protective clean-up. You will have settled for whatever government standard was in place at the time, no matter how outdated or unsafe. If you're a parent in Frisco, that shouldn't be YOUR standard.
New Report Says Burning Coal in Europe Costs Billions in Health Care
Many of you are aware that former EPA Regional Administrator Al Armendariz is now heading-up a Sierra Club effort to close the remaining old coal plants in East and Central Texas that have plagued downwind communities, including DFW, for decades. One big reason is the direct connection between the kinds of pollution these plants release, like Particulate Matter, and their known health effects. Based on past studies, scientists are able to determine what levels of air pollution cause what level of medical responses.
Last week, something called the Health and Environmental Alliance released a report that used that methodology to add up what it said was all the early deaths, hospitalizations, medications and reduced productivity caused by breathing coal plant pollution in Europe and came up with a total of $55 billion a year. It's the first-ever calculation of the effects of coal-fired power generation on chronic lung disease and some heart conditions for the entire continent.
Significantly, it has found that the effects of the pollution which coal incineration causes are not confined to people living close to power stations, but can affect entire populations in varying degrees.
Burning coal to generate electricity worsens a group of conditions known as chronic obstructive pulmonary diseases, the report said. These include emphysema, breathing obstructions and bronchitis. It also aggravates asthma and worsens heart disease.
HEAL says the elderly and the young are at particular risk, with lung damage sustained in childhood reducing the chances of achieving maximum lung function in adult life.
We haven't seen any similar studies of the costs of breathing coal plant pollution in Texas or DFW, but they could be large since we're directly downwind of the state's "lignite belt" where almost all the older, dirtier coal plants are located.
Scientists: Classify Plastic As Hazardous Waste
We missed this the first time around, so we're glad that "Living on Earth" caught it again. A group of scientists, including marine biologist Chelsea Rochman, recently signed an article in the magazine Nature that called for classifying plastic as a hazardous waste.
What's the rationale? It turns out to be pretty solid and based on current regulations. As Rochman described it,
Waste is basically separated into two categories, those that are non-hazardous like grass clippings, and those that are considered a hazard, which are often based upon this long list of priority pollutants, or substances that the government deems are hazardous to organisms. And we found that plastics are associated with 78 percent of these priority pollutants listed by the US EPA and 61 percent listed by the European Union, either as a chemical ingredient of the plastic itself or when the plastic ends up in the aquatic environment; they absorb these contaminants from the water. And so from that perspective we thought maybe plastic as a waste product should also be considered as a hazardous substance.
Rochman cites styrene in Styrofoam as an example of a well-known pollutant that's incorproated into plastic. Another is vinyl chloride that's used to make PVC.
Plastics' threat to marine life has been well-documented, but it's also a threat to those living downwind of places that burn plastic wastes – like an increasing number of cement plants, including TXI's huge Midlothian Kiln #5. Besides being assaulted by the leftovers of the ingredients in the original plastic, downwind neighbors are also subjected to entirely new pollutants that are made ONLY when plastics are burned. The most notorious of these is Dioxin, one of the most potent poisons ever tested. Dioxin is what made Agent Orange so toxic to Vietnamese and veterans alike. It's why Times Beach Missouri is a Superfund Site. And it's what's released every time plastics are burned.
Incineration of plastics is dramatically increasing despite producing this kind of pollution. Classifying this waste as "hazardous" might be the only way to limit their use as "fuel" in cement kilns that weren't built to be garbage incinerators.
Former Exide Smelter Employee: It WAS as Crappy As You Thought
Although the Great Dallas Drilling Scandal has kept our heads spinning lately, we did mange to take note of a rather big story in a small paper that should get a lot more coverage.
On February 21st, the Frisco Enterprise-Plano Star community newspaper published an article about the Exide lead smelter in Frisco using an unnamed ex-Exide employee as the sole source. The sole source's anonymity probably kept major outlets from offering the same coverage, but in this case the specifics are so compelling that we're glad the suburban chain took the chance.
Although he never gives his name, the Star says the employee "served in a managerial position at the plant." From the workday scenarios he describes he appears to have been directly involved in Exide's production line. Taken together, all of the accounts he gives the paper would seem to confirm residents' impression that the circa- mid 1960's Frisco facility was a mobile home park with a lead smelter in the middle of it.
"I guess we were probably producing $200,000 worth of product every shift — $600,000 worth of product every day," he said. "Yet [one time] we had six people working on [maintenance when the plant lost power]. We had one flashlight and one set of tools. What I needed was six flashlights and six sets of tools, but they wouldn't even give me that."
If Exide wouldn't open up the corporate wallet for flashlights, no wonder the company balked for so long about adding multi-million pollution controls to reduce lead emissions to legal levels.
And, according to the Star's source, those lead (and cadmium and arsenic) emissions could be many times what's been officially estimated by government agencies, or even citizens' own air modeling results published last year.
Power being knocked out was a particular issue, the source said, as vapors resulting from the lead-acid recycling system were no longer captured. Those vapors include lead particles, and long periods of lead exposure result in chronic lead poisoning, which in turn can result in physical defects such as kidney damage.
The former employee doesn't say how often this kind of outage occurred, but he makes it clear it wasn't infrequent. It wouldn't take too many such incidents to significantly raise the exposure level of those residents living downwind. Of course, when the state and EPA are calculating what constitutes "safe" levels of exposure to a facility's pollution, they never take into account these kind of "upsets" or accidents that can balloon the chances of inhaling harmful poisons.
Among the other allegations made by the ex-employee:
Only 1/5 of the violations Exide received "for a lack of federal compliance or unsafe working conditions" were forwarded to the Texas Commission on Environmental Quality.
Incident reports submitted to the state about violations represented "a great difference in the truth" between what was being claimed by Exide, and what really happened.
These incidents were as frequent as every other week.
Prior to the announced visits of TCEQ or EPA inspectors, "employees were paid overtime to clean the plant extensively. The same initiative was made before visits by non-plant employees, such as trips by corporate managers. Outside of those events, however, the plant was rarely cleaned."
Carbon dioxide monitors were constantly beeping, indicating dangerous CO2 levels. "The environment of operations was poisoning us."
Ah, but all of that is in the past, right? Not with Exide planning to leave over 9 million pounds of lead smelter waste behind on 90 acres in the middle of central Frisco, with another hundred acres or so outside of that donut hole" being purchased by the city for rehabilitation.
When asked if he would feel comfortable visiting the land Frisco purchased from Exide when it's remediated to federally compliant levels, the former employee said he wouldn't.
"With the way it's going right now, I'll never take my children or my dog to that area," he said. "I studied petroleum engineering and geology in college, and I know the bad stuff sinks to the bottom. I will never [go there]. It'll be nice to have it gone, but I don't know how you patch that up. You have to pull up everything, wrap it up and get it gone."
Official reaction was predictable:
"An Exide Technologies spokeswoman said the company "does not comment on unsubstantiated hearsay"…"A TCEQ spokeswoman said she could not comment on whether or not an employee signing an incident report with false information would be illegal without being told what reports are in question."
It'd be better if former employees like this came completely forward and were willing to cooperate with the EPA in exchange for immunity, but we're grateful for the peak inside Exide. It confirms not only what we already suspected about the way this company and this plant did business, it also once again confirms the way all bad acting polluters behave when it comes to hiding their real identity from the public and regulators.
They’re Coming to Burn Your Garbage
It's already happening in the cement industry, including at all three Midlothian cement plants just south of Dallas. Industrial wastes and/or municipal garbage are being bundled up and burned under the ruse of "recycling" or "waste-to-energy." Next will come the facilities that do nothing but burn garbage for money. Rumors persist that the City of Dallas is pursuing it's fight over "flow control" to McCommas Bluff landfill because it wants to provide enough raw material for a garbage burner. The Daily Climate has a primer on the whole scene that you should read now.
Environmental Health News Round-Up
Current events in Dallas and Frisco kept us off our usual Environmental Health beat for awhile. Here's a round-up to get caught-up with some of the most important recent news:
Secondhand Smoke is a Big Source of Lead – Children in families with one smoker had lead levels 14 percent higher than children who live with non-smokers. That number jumped to 24 percent if children lived with two or more smokers according to a new John Hopkins study. The article is frustrating however because it doesn't say where the lead in cigarettes comes form
Phthalates Linked to Obesity in African-Americans – A new study shows that African-American children who have high levels of an environmental contaminant called phthalates are more likely to be obese.The study, published in Environmental Health Perspectives on Feb. 5, showed that African-American children had higher levels of the chemical compared to white and Hispanic children. Phthalates are found in plastics but also can be found in the gas patch and in the emissions of waste-burning cement plants like the ones in Midlothian.
The Cancer Risk of Fire Fighters – Tony Stefani used to be a firefighter and a cancer patient. The two, he believes, had something to do with each other.Stefani was a firefighter in his native San Francisco for 28 years, nearly half of them as captain of a rescue squad. But the profession he loved may have nearly cost him his health. The job involved breathing all kinds of substances, from the diesel fumes of fire engines to smoke laced with flame retardants in people's homes. That contact, Stefani believes, is the reason for his diagnosis of transitional cell carcinoma, a rare cancer in his pelvis, in 2001. He soon learned that hundreds of active and retired firefighters also had various kinds of cancer.
Pesticides Linked to Type 2 Diabetes – Pesticides in food, air and water may be directly linked with the development of type 2 diabetes, regardless of a person's age, gender or body mass index, a new Spanish research study has found. These substances tend to concentrate in body fat, and they might be one of the reasons why obese people are more likely to develop diabetes, since the greater the fat, the higher the pesticide concentrations in the body, researchers from the University of Granada found.
PAH's Make Cockroach Allergies More Likely – Results from a study published on Feb. 6 in the Journal of Allergy and Clinical Immunology found that exposure to a certain type of air pollution found in diesel exhaust and other combustion-related byproducts can increase the likelihood of developing a cockroach allergy. Researchers studied a common class of combustion byproducts called polycyclic aromatic hydrocarbons, which are products of combustion.
Another Study Ties Air Pollution to Lower Birth Weights – A pregnant woman's exposure to outdoor air pollution may increase the risk of her baby being born at a lower birth weight, according to a large multinational study. Researchers from 14 sites in nine countries, including Seoul, South Korea; Atlanta; and Vancouver, British Columbia, compiled the average levels of particulate air pollution to which women were exposed during the course of their pregnancy. Sources of particulate air pollution include traffic exhaust, power plants and even dust. The researchers found that for every 10-microgram increase of pollution particles per cubic meter of air, birth weight decreased by 8.9 grams, roughly one-third of an ounce, and infants were 3 percent more likely to be a low birth weight. An infant is considered low birth weight if he or she weighs less than 5 pounds 8 ounces at birth. Low birth weight is a known risk factor for infant mortality as well as heart, breathing and behavior problems later in life.
A Dallas Drilling Scandal Primer
Thanks to everyone who turned out last Thursday for the (abbreviated) public hearing on the Trinity East "zombie" gas permits before the City Plan Commission. Our apologies to those of you who were not allowed to speak by the arbitrary too-soon ending of the hearing. It was one more example of a process gone off the rails when it comes to these permits.
It's now clear that what began as a neighborhood-based effort to fight off irresponsible urban gas drilling three years ago has now grown into not only a turning point for the entire Dallas environmental movement, but as of last week, into the largest Dallas City Hall scandal in years as well. There are suddenly lots of moving parts. Here's a quick summary of what we know as of today.
On Thursday morning, the Dallas Observer broke the story that in 2008 Dallas City Manager Mary Suhm signed a secret side agreement with Trinity East that essentially turned City Hall into a lobbying machine for the company's gas permits. The first impact of that lobbying was a reversal of the no drill policy in Dallas parks. Only six months after city staff had told the Council and Park Board there would be no surface drilling in Dallas parks allowed, the side agreement Suhm negotiated with Trinity East assured the company that she and her staff were "reasonably confident" they could win permission to drill in parks for the company.
Many Dallas activists have speculated about such an agreement as the only way to explain why city staff seemed to be going out of its way to push through the Trinity East permits, including abruptly re-defining the current gas ordinance on the fly, ignoring or flouting precedents, and declining to bring the usual level of official scrutiny to bear. Suhm and city attorneys kept this document from public view even after years of opposition from neighborhood groups to drilling sites, including Trinity East's. At a time when every city staffer had an obligation to wear the Trinity East agreement on their sleeves, City Hall hid the fact they were working for the company to win its permit. Dallas Councilwoman Angela Hunt has prepared a detailed timeline of Suhm's deception.
Suhm declined to talk directly to the Observer, but instead issued a statement to the Morning News that said, in essence, she was shocked, shocked that anyone could think this side agreement with Trinity was a "back room" deal. Mayor Rawlings is standing by Suhm so far, issuing a statement of support late Thursday that emphasized the "non-binding" nature of the side deal that was "cut," as the Mayor so eloquently put it back in November. The Observer's Jim Schutze had a take down of both of their official statements on Friday, saying "some stuff just won't spin."
A growing chorus of groups and individuals are calling for Suhm to resign, as are some Council members like Hunt, and Scott Griggs. Her fate now seems linked to that of the Trinity East permits, since both seem tainted beyond redemption by the disclosure of the side deal. How can any resident or Council member trust what city staff says about the permits? How can any resident or Council member trust that Suhm won't sell them out again?
Meanwhile, the Observer has raised the possibility of Open Records Act violations by the City because it's pretty sure it asked for ALL documents related to the Trinity East permits. Citizens groups and individuals that have been turning in a constant flow of Open Records Act requests for the last three to four years might also have the same gripe.
But they'd have to take a number because four people, including Downwinders Director Jim Schermbeck, Zac Trahan of the Texas Campaign for the Environment, Raymond Crawford of Dallas Residents for Responsible Drilling, and Marc McCord of frackDallas went down to the District Attorney's office and filed a criminal complaint against the City Plan Commission Chair on Wednesday, alleging a violation of the Open Meetings Act prior to the January 10th vote to "reconsider" the Commission's denial of the permits. According to the complaint, Chair Joe Alcantar called members and lobbied them to vote for reconsideration in a practice called "daisy-chaining a quorum" that is explicitly against the law. If the charge is substantiated by an investigation, all subsequent decisions about the permits by the Commission could be invalidated. That would mean reverting back to the original December denial of the permits.
On the political front, John Carona, the Republican State Senator whose district includes the Elm Fork Soccer Complex, sent a letter to Mayor Rawlings, urging him to withdraw his support for the Gas Refinery and Compressor Station proposed for only 600 feet west of the Complex. Democrat State Representative Rep. Lon Burnam of Ft. Worth sent a similar letter, further isolating the Mayor politically.
In all, quite the "goat (act of procreation)", as the Observer's Brantley Hargrove labeled the whole Trinity East controversy last month.
What happens now?
Officially, the City Plan Commission put off any (legitimate or not) vote on the permits until its March 21st meeting. They have now specifically requested the Council deal with changing the current prohibitions against parkland and floodplain drilling before they're asked again to violate the law. So theoretically, the show now moves to the whole City Council, which has scheduled a 1:00 pm Wednesday, February 27th state-mandated public hearing on the city permanently removing park land from the city park system for drilling.
This same hearing has been scheduled twice before however, only to be canceled when the City Plan Commission didn't get around to doing what the Council couldn't bring itself to do first. Up to now the Mayor's strategy was to push the permits through the Plan Commission and Park Board to provide a cover for Council approval of drilling activity in parks and flood plains that's still not allowed. Apparently there's enough resentment about that among Plan Commission members for them to toss the hot potato back to the Mayor and Council. But it does so exactly as the Suhm memo hits and makes political support for the permits more tenuous.
We'll know soon whether the February 27th City Council hearing on turning over park lands to drilling is really on or not. Stay tuned.
Open Meetings Act Violation Filed Against Dallas Plan Commission Chair
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(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.