Environmental Law

It Really Does Pay To Do Business in Texas

By Walter James

On May 7, 2009, I blogged about how it pays to do business in Texas (i.e. TCEQ fines were too low). 

On June 1, 2010, Andrew Kreighbaum wrote an article for The Texas Tribune that raised the same issue.  Here is a link to his article: http://cbs11tv.com/business/pollution.ExxonMobil.Texas.2.1726089.html.  In his article, Kreighbaum identifies the ?global juggernaut ExxonMobil? as the most cited polluter in Texas.  He goes on to say:

But the TCEQ still faces criticism from environmental groups for levying penalties too small to curb pollution.  ExxonMobil, for instance, has paid less than $1.5 million in fines since 2001, the agency's records show, or an average of just $158,000 a year ? a mere pittance for a company whose annual revenues in 2009 were more than $19 billion.  Environmentalists and other critics charge that with so little an impact to a polluter's bottom line, no real deterrent to future violations exists. "Fines are routinely less than the economic benefit of noncompliance," says Luke Metzger, the director of the advocacy group Environment Texas.   

And now the TCEQ is in a duster with the USEPA over Clean Air Act enforcement.  And, the TCEQ is essentially hiding data on the benzene emissions in North Texas. 

It is no wonder that the Houston Police Department has its own enforcement division.  In his article, Kreighbaum cites Rock Owens,chief of the environmental division in the Harris County Attorney's office as saying that all twenty-six (26) of the court-ordered enforcement actions in the years 2007, 2008 and 2009 originated with investigations by the Harris County Attorney?s Office.  Owens was quoted as saying: ?With the [TCEQ], you have the appearance of enforcement, but I don't think there?s any teeth in what they do.? 

More later.

As always, feel free to contact me via e-mail at walter.james@jamespllc.com.

Full post as published by Environmental Crimes Blog on June 02, 2010 (boomark / email).