Downwinders at Risk
Big D’s BFD
Did you feel the ground shifting under your feet yesterday around 5 pm? It was another one of those local earthquakes caused by fracking. The epicenter was Dallas City Hall. Damage to the gas industry's rhetoric and credibility was extensive.
By a vote of 14 to 1, the Dallas Plan Commission pronounced the permissive "Fort Worth Model" of regulating the drilling and production of natural gas in the Barnett Shale dead. The passing was definitive. As John Cleese might say, "This paradigm is no more…it has ceased to be…this is an EX-paradigm."
It didn't go down without a fight. Up until the very final hours of debate over language in the City's proposed new gas ordinance, staff was still offering weaker versions of rules to Commission members because "that's the way Fort Worth did it." They were all rejected in favor of stricter standards as part of what has the potential to be the most protective ordinance in the Barnett Shale.
Now all we have to do is get eight Dallas City Council members to help us realize that potential.
The draft passed yesterday isn't 100% of what residents want, and in one case doesn't even match the level of protection Dallas itself started out with in 2007. It still provides paths through the bureaucracy for drilling in parks and flood plains, instead of outright bans, and despite staff assurances, the chemical disclosure language isn't foolproof. But to see it only through the lens of what it's not yet doing is to ignore the huge impact of what it already does. Coming from the largest city in the Shale, the Dallas draft immediately offers a modern, tougher alternative to Ft. Worth's submissiveness for dealing with the problems of mining gas in urban environments. To quote our Vice-President, it's a B.F.D. Some of the highlights include:
1) A 1,500 property line-to-property line setback from neighborhoods and other protected uses, matching the most protective setbacks in the Barnett Shale. It can only be reduced to a minimum of 1000 feet with a variance, and that's only possible with 12 out of 15 council votes. Notice of any permit must go out in English and Spanish to all mailing addresses within 2000 feet and the applicant must hold a neighborhood meeting where the project is fully explained.
2) Electrification of all motors and engines on a drilling site. If operators want to make an exception and use combustion engines, they have to show why electrification isn't feasible, and the City has to agree.
3) Tough restrictions on where gas compressor stations can locate – only in heavy industry zoning districts, with the same 1,500 foot setbacks from neighborhoods and all other protected uses, fully enclosed, and they must use electric engines, not diesel or gas. Thanks to some quick pushback by residents and their allies on he Commission, we were able to win back all the rules that staff had excluded in their first take only 24 hours before the vote.
4) A ban on any injection wells in the City of Dallas.
5) A ban on fracking waste pits.
6) Requirements for a road repair agreement before a permit is even considered. This is above and beyond any other insurance or bonding requirement.
7) A recommendation to the Council that it establish a local air pollution off-sets program that would include natural gas facilities. Such a program would be the first of is kind in the nation and close a Clean Air Act loophole that exempts these facilities from participating in the federal off-sets program for smoggy "non-attainment areas."
8) Baseline testing of water, soil, air, and noise at every proposed site.
9) Individual non-toxic "tagging" of all fracking fluids used. Every operator will be required to put their unique chemical signature within the concoction they're pumping into the ground so that if any of it goes where it shouldn't, the offending well can be identified. It's DNA testing for fracking.
10) A recommendation to the Council that during drought conditions, it either charge substantially more for city water that's being used for fracking, or ban the use of city water for fracking all together.
11) A recommendation that the Council demand an additional letter of credit from operators beyond any other insurance or bond to cover uninsurable intentional acts of contamination, i.e. dumping waste into the Trinity River.
We're not in Cowtown anymore.
(There's not an online version of the final language up yet. We'll let you know when there is so you can look this thing over yourselves).
City attorney Tammy Palomino, always a reliable source of information, stated on the record that she believed the draft's language about chemical disclosure would cover all trade secrets, but we're not so sure. That's why we'll be asking the Council to add five simple words to this section that Ms. Palomino didn't: "with no exceptions for trade secrets."
Instead of banning drilling in the floodplain, the proposed ordinance makes it impractical, though not impossible. An operator would have to get a fill permit from the city, and approved by the Army Crop of Engineers, to build a mound that would elevate the entire drilling pad site out of the floodplain. Anyone who's seen the footage from Colorado's flooded gas plays over the last couple of weeks can identify the folly of this approach. What's to keep flood waters from eroding the elevated mound and taking the entire pad site down stream? Only the lack of a kind of levee-to-levee flood we've seen in Dallas before.
Park drilling provided the day's lesson in pretzel logic. A "protected use" includes a recreation area, "except when the operation site is on a public park, playground, or golf course." Then it's perfectly fine to have rig next to the swing set. Got it?
This is less protective than the original Dallas Park decision that preceded the notorious Suhm secret agreement with Trinity East. It called for the leasing of a park's mineral rights but banned surface drilling in any park. You could go under but not on. That's still the most sensible compromise but it went floundering for support yesterday.
Instead, the Park Board will have to request the City Council to hold "Chapter 26" public hearing, after which there must be a 3/4 vote of approval by the Council that officially concludes there's no other possible feasible use for the park land other than gas drilling.
Listening to the comments from many Commissioners right before the vote, one got the feeling that if they had to do it all over, they might not be so equivocal. Nevertheless, they all voted for the more convoluted approach. It's the most flawed part of the ordinance, especially in light of the outcry over allowing any drilling in any public park during the Trinity East fight.
With those exceptions, it was a banner day for residents who've been fighting this good fight for over three years now. It was the kind of day that after Trinity East's main lobbyist whined that the company just couldn't get the electrical hook-ups they needed (in the middle of Northwest Dallas by a major Interstate) during the public hearing right before the final vote, an influential conservative Commissioner successfully moved to amend the completed draft to make the section on mandatory electrification of compressor stations stronger. Ouch.
It was the kind of day when the only ally industry could muster among the 15 Plan Commissioners was the sometimes coherent Betty Culbreath, Dwaine Caraway's brand new gift to Dallas residents. Culbreath said she couldn't vote in conscience for a document that required so much from industry. She felt so passionate about the issue, she missed most of the Commission workshops over the past month or so where the ordinance language was debated. It'd be laughable except the council member who appointed her is now the Chair of the Council's Environmental Committee.
There's no official news about the timeline or process the Council will use to consider the draft now that it's been delivered to them. Despite the mostly winning day residents had on Thursday, its sobering to remember that we only got six votes to deny the Trinity East permits. We need at least two more to make sure this good ordinance stays intact, or gets even stronger.
Such a lopsided Commission result gives us a great running start to get those votes. Backsliding by Council members will be hard to pull-off publicly, although let's face it, some seem immune to embarrassment on this issue.
Cowtown circa 2008 will always be the industry's preferred template for regulation, because they mostly wrote the rules. Residents in the Shale now have a much more citizen-friendly 2013 Big D model they can use for counterpoint – if we can win ACT III of the Dallas Gas Wars.
Thanks to You, We Raised TWO Months of Clean Air Work Yesterday
Grassroots groups live and die with their support on the ground. They're not affiliated with a well-heeled state or national organization that can subsidize their work. Without continuing sustenance from regular folks, they're doomed.
Downwinders at Risk is very lucky. We have a solid base of regular folks who appreciate what we do. They tolerate our constant flow of e-mails and posts. They show up at critical hearings and council meetings when we ask them. And they also fund our one and only employee.
For 20 years now, we've been able to fund the only full time staff person to do clean air work in DFW because these people – people like you – believe we have, and can, make a positive difference – in air quality, in policy-making, in protecting and expanding the rights of citizens who dare to fight back against Very Bad Ideas.
Yesterday a lot of you once again showed-up to give us a hand. Big time. And we're so grateful.
Downwinders at Risk had its best-ever one-day fundraising event yesterday as a participant in the Communities Foundation's North Texas Giving Day, collecting $5,115 in just 17 hours. This is twice the amount that the group had set for the day's goal, and it pays for not one, but two months of clean air organizing in North Texas. We're overwhelmed with this vote of confidence in our work and will try to do it justice in the battles to come.
A sincere thank you to everyone who contributed and made such a day possible. It lets us know that we must be doing something right, despite the challenges we face all the time to try and keep doing good work.
And if you didn't get a chance to help out yesterday, but still want to contribute to Downwinders, we've got our own contribution webpage here that you can use anytime, anywhere.
Onward through the smog……
You Don’t Want To Sit This One Out: Help Us Fight the Dallas Gas Wars
Here's how to help us build the best gas drilling ordinance in the Barnett Shale by the end of the month in three easy steps.
1) TOMORROW – BUTTS IN SEATS FOR THE BEST ORDINANCE IN THE SHALE
Attend the public hearing tomorrow, THIS THURSDAY, SEPTEMBER 12th at 1:30 pm on a new Dallas gas-drilling ordinance sponsored by the Dallas Plan Commission and speak-up for the most protective rules. We really need citizens there to counter new industry-organized opposition.
We won the Trinity East votes. But that was a fight that protected us from past mistakes and deals.
Now, it's about getting ahead of the curve and building a citizen-friendly ordinance to determine how or if gas drilling can take place in Dallas in the future.
And the agenda for this Thursday has some of the most critical items on it in need of better regulations – "Air Quality," "Water Quality," "Compressor Stations," and "Pipelines" – so public participation is important.
Please click here for talking points you can use at this Thursday's hearing, including information about precedent-setting measures like Mandatory electrification, air pollution off-sets required, no flood plain drilling, and a ban on compressor station.
Help bring this thing home. Be there Thursday.
2) SEPTEMBER 19th – MONEY FOR THE FIGHT
The single most effective thing Downwinders does is put staff in the field to assist citizens.
Help us do that very thing for the month of September with an easy e-donation next Thursday, September 19th, during the local Communities Foundation's annual North Texas Giving Day.
On Giving Day, every donation you give to Downwinders of $25 or more will be multiplied if you donate to us through the internet at www.DonorBridgeTX.org. Plus, organizations are eligible to receive a portion of $1.5 million in "bonus funds" — making every dollar you give go even further than usual.
Simply visit the site anytime between 7 a.m. and midnight next Thursday, the 19th, search for Downwinders at Risk Education Fund by name on the list (there are hundreds of groups) and click "Donate Now."
Our goal for this year's Giving Day is to raise the $2500 we need to pay our organizer's September salary.
Jim Schermbeck is the only full-time clean air staff person in DFW and he's working overtime in September to make sure we get a truly protective gas drilling ordinance presented to the Dallas City Council.
Jim doesn't get paid with a check from a headquarters in Austin or DC. He gets paid by you – the people who live in North Texas for whom we work.
Help us keep having a big impact. Give generously next Thursday, September 19th. Don't worry, you'll be getting a reminder…or two.
3) SEPTEMBER 26th: BUTTS IN SEATS TO SEND THE BEST ORDINANCE IN THE SHALE TO THE DALLAS CITY COUNCIL
Attend the very last Plan Commission public hearing on a new Dallas gas drilling ordinance, Thursday, September 26th at 1:30 pm at City Hall. This will be the citizen send-off to the City Council for what we hope will be a new model for communities throughout DFW, the Barnett Shale, and beyond.
We need to get the very best ordinance we can out of the Plan Commission in order to keep it from being watered down by members of the City Council.
Remember, when we upheld the Trinity East permit denial, WE ACTUALLY LOST THE TRINITY EAST VOTE 6 to 9.
We still don't have 8 votes or more on the record for a progressive stance on gas drilling.
It'll be much harder for hostile council members to weaken the proposed ordinance if they have to oppose the original Plan Commission recommendations that have gone through this hearing process. Momentum will be with us if we leave the Commission with the Gold Standard of Gas Ordinances.
Three years ago, Downwinders looked around the Barnett Shale and decided we needed to do something about the air pollution caused by our region becoming the Appalachia of gas drilling. We picked the Dallas Gas Wars as our place to make a stand. We knew that if we were patient and focused, we could succeed in making substantial progress.
We're on the very verge of that happening. Please stick with us a little longer and see this thing through to the end. It's going to be worth it. Thanks for your support.
What Wednesday’s Vote Means for Dallas, the Shale, and the Rest of the Universe
Wednesday's vote on the Trinity East permits was not only an historic one. It's a long overdue turning point.
The bloody knuckle political fight over urban gas drilling in Dallas in 2013 is the fight local environmentalists owed Fort Worth in 2006. Our collective failure in Cowtown gave the gas industry a too-friendly template for every other DFW city that's come after Fort Worth's gas rush.
Wednesday that template got tossed. A clearly frustrated Trinity East lobbyist complained that the company wouldn't even have had to participate in a Council hearing like this one if the same permits were being sought in Fort Worth. Welcome to Big D.
We can't undo old wrongs, but we can start changing the pattern of behavior that keeps churning out new ones. Wednesday's vote by the Dallas City Council was, by far, the highest-profile rebuke of the gas industry in a region it thinks its owns lock, stock and barrel. As he Dallas Morning News put it, "the defeat could be the death knell for natural gas drilling in a city known around the world for its ties to the petroleum industry." Politically, we aren't in Fort Worth anymore.
So what else is new after yesterday? From micro to macro:
From just a basic civics perspective, it's hard not to be impressed with the job that residents did in mobilizing themselves into a persistent and contentious force for change. This wasn't just an environmental victory. It was a victory for grassroots organizing. Residents had to fight not only the gas industry, but Dallas City Hall staff and the Mayor, who were all doing their best to rig the process in Trinity East's favor. Moreover, they had to fight on multiple fronts at the same time, both within the regulatory process to deny the permits outright, and in the Spring's city council elections to make sure they had the votes once the permits got to the horseshoe on Marilla. And oh yeah, they've had to put together and lobby for the toughest regulations to be included in a new ordinance being written, also at the same time.
That said, the last nine months have seen the biggest show of green political muscle in the city's history. If you total up the numbers of people involved, throw in a scandalous secret memo that brings down a City Manager, add triumphs in half the council elections you enter, and pile on winning-over the local conservative daily newspaper, then there's just no comparison. The momentum carried into Wednesday's meeting when opponents got two more votes than the four that were needed to block the permits, for a total of six. That's a far cry from the two or three everyone was sure about when this started last winter. We've seen the Dallas environmental movement grow up right before our eyes into something nobody, including environmentalists, thought it was capable of being when this started.
The fruit of this new growth was on display at City Hall (Coverge from the DMN, KERA, CultureMap and the Observer). There's no precedent for the kind of coalition that turned-out, except maybe the anti-Trinity Tollroad coalition that almost upended the Citizens Council's plans for solar-powered water taxis and riverside freeways in the 1990's. There were West Dallas residents from La Bajada, Oak Cliff dwellers, North and East Dallas homeowners association presidents, Students, teachers, professionals, gas lease owners, environmentalists, neighborhood activists, an Irving city council member, young mothers, young grandmothers and everything in between. Reflecting this diversity was a Council coalition that included both Hispanic Council members, Adam Medrano and Monica Alonzo, African-American Carolyn Davis, newcomer Philip Kingston, and stalwarts Sandy Greyson and Scott Griggs. If this alliance of interests holds together, it stands a very good chance of getting a strong new ordinance in the coming months.
And what about that new ordinance? With the old business of Trinity East now concluded, all attention is directed at Dallas writing and passing the most protective gas drilling ordinance in the Barnett Shale by the end of the year. The chances of that happening went up dramatically with Wednesday's vote.
One of the most unexpected results coming out of the confrontation was Mayor Rawlings' seemingly blunt declaration that he was four-square against urban drilling in Dallas. Saying the city could afford to be picky about the kind of development it seeks, he stated he didn't think gas drilling was a good match for Dallas and looked forward to passing a strong new ordinance. We'll see. Actions speak louder than words, and so far the Mayor's actions on this issue have all been in service to approving the Trinity East permits. With that fight resolved, can he be trusted to embrace a new philosophy? We'll be able to tell soon enough with a draft ordinance due to be delivered by the Plan Commission to the Council in late September. At any rate, his public confession on Wednesday is another sign of how far the Dallas movement has come. It's impossible to imagine Fort Worth Mayor Betsy Price uttering the same words.
It also gives the new members of the City Council some cover to vote for tougher regulations as well. Rumor has it that Jennifer Staubach-Gates was agonizing over the Trinity East vote even as she entered the Council Chambers. She eventually voted with the Mayor but as an ex- school nurse who's dealt with asthmatic kids firsthand, she's concerned about air pollution and other public health consequences of fracking. The Mayor's coming out against drilling in Dallas may embolden her and others to get on the band wagon. Rawlings' statement also sets a high bar for the slew of Mayoral candidates coming up in the next election cycle.
Residents now must focus on the last two Plan Commission meetings and hearings that are deciding what kind of new gas drilling ordinance Dallas will write. And they represent very full plates of issues indeed:
On Thursday, September 12th, at 8:30 am the Commission will begin work on the topics of "Air Quality," "Water," "Pipelines" and "Compressor Stations" in their morning workshop. At 1:30 pm that same day they'll get around to holding another one of their unique (anti-public) public hearings at City Hall on those same subjects. It's vital that residents remain plugged into this process and show up to speak on these incredibly important issues.
Just as opponents all got behind the idea of 1,500 foot setbacks and made it a mantra, we no need to coalesce around three or four central and simple concepts for the 12th including: 1) Air Pollution Off-sets, 2) Special Zoning Districts for Compressors, and 3) much higher water rates for taking water permanently out of the hydrological cycle.
– Off-sets would require that gas operators estimate how much new greenhouse gas (GHG) pollution they'll emit into the air every year based on EPA numbers and their own self-reporting, and then off-set those increases in air pollution by paying for pre-approved air pollution control projects in Dallas that would reduce pollution. If you expect to release 5 tons of emissions from your gas operations, you will have to pay for reducing five tons of air pollution in the city by electrifying a car fleet, improving energy efficiency measures in homes and buildings, putting more bikes on the street and so forth. In this way, off-sets also act as a strong incentive to decrease emissions as much as possible at the sources themselves. The less you pollute i nthe first place, the less you have to pay to off-set that pollution.
Unlike every other heavy industry that does business in a smog "non-attainment" area such as DFW, the gas industry is exempt from having to do this at the federal level. So we want Dallas to be the first city in the nation to fix that loophole by requiring local off-sets. This would be a precedent-setting piece of policy-making that citizens could then take to other Barnett Shale cities and counties. A grassroots regional policy could grow out of the Dallas template – much like it did when Dallas passed the first "green cement" procurement policy in 2007. That campaign lead to the eventual closing of all seven old wet kilns in Midlothian and millions of pounds of air pollution permanently eliminated. It forced the cement industry to clean up. We want to do the same thing with the gas industry and offsets.
This new policy could be the beginning of a tool that we can use to significantly reduce gas industry air pollution, not only in DFW, but in smoggy metro areas throughout the U.S. that now also host gas drilling, like Denver, Pittsburgh, and Los Angeles.
– Compressor Stations are the big league polluters of the natural gas fuel cycle, running 24/7 365 days a year and emitting voluminous amounts of air pollution. Some compressor stations release more Volatile Organic Compounds than the Midlothian cement plants and they're huge greenhouse gas polluters. A recent study from the Houston Advanced Research Center found that a single flare or compressor could raise downwind smog levels by 3-5 parts per billion or more within five miles. Compressors should be required to get their own Special Zoning District with strict rules on sound, pollution and setbacks.
– Water is precious in NorthTexas and industries that take it permanently out of the hydrological cycle should pay more than those that don't. A lot more, because it means we have to go out and find that water anew. Likewise, during drought conditions, water should be for drinking, not fracking. It's critical we make the industry pay for the real costs of using so much of this absolutely necessary resource and then throwing it away for good down a hole.
On Thursday September 26th the Plan Commission will hold its final public hearing on the new gas ordinance. Then it will vote on a draft to send the City Council. Again, citizens need a good turnout for sending this document off, whether it has everything in it we want, or it's lacking in some important way. We need to be there.
We are only these two September hearings away from showing up at the Dallas City Council with the most protective gas drilling ordinance in the Barnett Shale and providing the region and the country a new alternative for the obsolete Fort Worth model.
If you came down to City Hall, if you e-mailed, or phoned or wrote – Thank you for your contribution to the fight. It took exactly the amount of effort you and everyone else gave to make Wednesday's victory happen. It will take it again to pass a great ordinance.
But stick with us. We're making history.
Dallas Gas Wars: Residents 1, Joe Barton 0
Can we just admit up front that we're disappointed The Man himself didn't show up to personally lead the Charge of the Light Crude Brigade at yesterday's Dallas Plan Commission public hearing on a new gas drilling ordinance? We thought after Wednesday's passionate personal pleas for turnout at the Society of Petroleum Engineers' monthly meeting, Ol' Smokey Joe would surely have the courage of his convictions. Sadly, no.
Instead, he left the righteous fight against radical environmentalists to seven or eight heavily-outnumbered industry engineers and attorneys who showed-up and told the Commission that a 1,500 foot setback was tantamount to a ban on drilling in Dallas. Almost to a man, (for they were all men) they accused the extremists of persecuting a trouble-free, non-polluting industry that was guilty of none of the awful things being said about it by their opponents. In particular, they sought to tag the environmentalists as uninformed, as out of touch with research and the facts, as hypnotized disciples of Josh Fox. In doing all this however, they could muster no science of their own.
Given over 20 minutes of time to make their industry's case, not one engineer or attorney working within the industry cited even one peer-reviewed, journal-published health study to support their claim of benign impact on public health or the environment. Not a one.
For some time, and through many a fight, we've seen a common thread of industry criticism of the uninformed civilian. It has its roots deep in the pat-them-on-their-well-meaning-head sexism that greeted women like Rachel Carson and Lois Gibbs. It's grown to include anyone that challenges the industry's own cost-benefit analysis. It accuses residents of being "emotional" instead of rational when they disagree with that analysis by asking too many good questions.
And yet…when it comes down to the crunch, it's the industry representatives who appeal to the emotions the most when they raise the flags of jobs and growth and try to get everyone else to salute. It's the industry reps who do the most name-calling and make the most personal charges characterizing their opponents. Call it the Foxifying of industry rhetoric. And it was on full display at the Plan Commission on Thursday. Dallas was denying itself untold riches by effectively sealing off thousands of acres to fracking. It would be a devastating to job growth. No actual studies to prove that mind you, but industry assertions should be treated as facts, especially when they're assertion about economic growth – no matter how self-serving.
There was testimony that parks "are some of the best places to drill." That "there was no way" the industry would ever pollute the air or water. The language was absolutist and, dare we say, non-rational and not supported by the facts. At least, they didn't cite any facts to support those assertions yesterday.
And those radical environmentalists Smokey Joe warned about?
As usual, they included Dallas homeowners association members and presidents, people who owned wells themselves or or leased land for drilling, cancer patients, asthma sufferers, 25 year-olds, 81-year olds, Sierra Club members, Downwinders' board members, long-time Dallas residents and people who just moved here, plus a sprinkling of folks from Farmers Branch, Ft. Worth, Garland and Irving (30 of 35 speakers in favor of a 1,500 foot or more setback gave Dallas addresses) and a lot of women. One of the starkest contrasts between the two sides during the hearing was gender.
And, again, as usual, their representatives did cite studies. Lots of them. Because we've been through this before, because we know we'll be accused of being uninformed civilians, we know what's coming and we load for bear. The most comprehensive epidemiological study in a gas field to date showing increased cancer risks. Check. The most recent CDC study on silica pollution at well pad sites showing ever site tested exceeding federal limits by magnitudes. Check. USGS studies of the small earthquakes caused by fracking and the large ones caused by injection wells. Check and check. Proximity to benzene sources raises Leukemia risks. Check. NOAA study on actual methane releases from gas field being twice industry estimates. Check.
Were there appeals to preserve a good quality of life, clean water and cleaner air? Of course. But in most instances these were backed up by specific facts about fracking that challenged those goals. So that at the end of the day, not only was the Light Crude Brigade outnumbered, they were out-researched by the very bunch of know-nothings they were charging with the crime of misinformation. Most of them women.
That sweetly ironic resonance was the anti-climatic capping of a full day's worth of work for the Commission that included an affirmation of the 1500 foot setback originally agreed to back in June by lunchtime. All of the rhetoric back and forth in the public hearing was over an issue that had been argued and decided behind closed doors in Executive Session some five or so hours before. (You can follow the blow-by-blow live blogging of the Commission's morning meeting at our group Facebook site here, and read accounts of the decision in the DMN, Business Journal, & Observer,)
Winning the second affirmation of the 1500-foot setback at the Commission level now is no small accomplishment, especially since we had staff working against us. Dallas would be the largest city, by far, in the Barnett Shale to adopt such a lengthy setback (Fort Worth has only a 600-foot requirement, with variances even lower than that). As our Vice President might say, it's a BFD.
So if you sent an e-mail to the Commissioners this last week, we thank you very much, because that was the only direct advocacy they saw on this issue from our side before yesterday's decision to stick with 1500 feet was made.
But we've only won this provision as long as we can protect it. That's why it was good to come down to City Hall yesterday and support it anyway. Many of the speakers brought up the example of the last-minute Task Force rollbacks that occurred almost two years ago. With the same staff people who tried to scuttle the 1500 foot agreement still in charge of the ordinance-drafting process and rumors of some vague land swap with Trinity East still floating around, we all need to stay vigilant. And of course, if it reaches the City Council as an official recommendation there's no doubt it will come under fresh attack. But if we can hold it at the CPC, it will make it hard for the Council to change it. That's why it was important to show up yesterday afternoon. Thanks very much to everyone who did.
Another Commission public hearing on the new gas ordinance is scheduled for September 12th in the afternoon – but once again, it's scheduled after the regular zoning cases are heard so no certain start time will be available other than 1:30 pm. It will concentrate on Air and Water Quality issues, as well as compressors – a subject never broached by the Task Force. We'll be working with our allies in the Dallas Residents at Risk alliance to get information on these issue areas to you, so that you'll once again be able to talk circles around the industry. Stay tuned.
And of course next Wednesday, August 28th will see a final vote on the Trinity East permits we've been battling since right after Thanksgiving. Thanks to the work of council members Scott Griggs, and Philip Kingston, who stopped by and gave a good pep talk to the troops before the hearing began, we believe we have the four council votes it will take to uphold the Commission's denial, but we need your help in bringing other, more reluctant members on board the band wagon. Beginning Monday, Downwinders' featured Citizen Action will be e-mails to the Council, urging them to vote to deny the permits.
After Wednesday's expected final Trinity East permit denial at Dallas City Hall, we're going to have a party to celebrate what is among the most important victories for public health and the environment in Dallas history. We don't know where and we don't know when, but such victories are too few and far between not to officially recognize. Please keep your calendar that night open.
Yesterday's Commission vote was a skirmish, inside a battle, inside a larger war with many fronts. But it was a critical skirmish. And residents won. Next week, we'll bury very bad and unethical gas permits that were "a done deal" as recently as March. Then we'll only have the new ordinance on which to focus.
Slowly but surely, we're doing what we said we would – drawing a line in the Shale in Dallas and stopping the steamroller of industry favoritism that's resulted in so much bad policy and public health harm elsewhere in the region. Dallas is becoming the place where the bad stuff stops rolling east and the good-thinking begins rolling back west. See you on Wednesday.
Joe Barton Rallies Gas Industry for Today’s Dallas Public Hearing on New Ordinance; Councilman Kingston to Address Citizens at 1pm
Well lookey here, Ol' Smokey Joe himself was out trying to fire-up the troops in the oil and gas industry yesterday at the monthly meeting of the Dallas chapter of the Society of Petroleum Engineers.
The theme of the talk was "Hydraulic Fracturing: Shattering the Radical Environmental Lobby, Unlocking America's Energy Future" and a lot of the time was spent trying to convince the audience they needed to show-up at today's Dallas Plan Commission public hearing on a new gas ordinance to counter those wacky citizens who think living immediately next door to a billowing plume of diesel smoke and dust is a bad idea. Of course, having not attended any of the commission meetings for the past year or so when the topic has come up more than once or twice, their slide show didn't have any real pics of Dallas residents, so they had to use pics from demonstrations elsewhere, like the one above. Tsk, tsk,
It's also a big stretch to tie the "Radical Environmental Lobby" to what's been going on in Dallas, where there's been no serious mention of a moratorium or ban on drilling, and leading opponents have been members of the Dallas Homeowners Association. But for Joe Barton, the World Wildlife Fund is a Radical Environmental Group.
Audience members were told to come to the hearing at 1:30 pm, but to make sure they spoke last, and "were not polite."
Apparently, citizens have been doing such a good job in Dallas that the industry is now concerned about setting "bad precedents" that won't allow for any drilling in Dallas at all, like the 1500-foot setback that is one of the major issues in contention today.
You should always use your opponents reactions to events to judge how well you're doing. From the pleas coming from Barton and others yesterday, it's clear Trinity East is out trying to portray itself as some kind of corporate martyr for the cause. They're trying to elevate the Dallas debate over new gas regulations into a proxy for the national fight over fracking. It's a good sign when your opponent begins to panic like this, but it's also a warning that your effectiveness is now under attack.
And if Smokey Joe's entreaties aren't enough to get you down to City Hall this afternoon, what about the official debut of new Dallas City Councilman Philip Kingston at the 1:00 pm citizens press conference planned right before the hearing's start? Kingston was elected with the help of many of the same citizens that will be showing up today to testify and has pledged to help write a much stronger gas drilling ordinance. He joins Scott Griggs as leading critics of the Trinity East deal and attempts by the Mayor and Industry to soften the new ordinance.
Industry is getting organized, shouldn't you too? Meet us downtown at City Hall today at 1pm for the press conference and then stick around to say a few words to the Plan Commission on what you want to see in a new gas drilling ordinance. If you can't join us in person, follow the Plan Commission meeting and hearing on the Downwinders' FaceBook site, where we'll be live-blogging the day's events.
See North Texas Gas Problems Explode on Screen! GASLAND Part II Premieres on Monday
Most of you probably are already aware that Josh Fox's follow-up to "Gasland" will be premiering on HBO Monday night. What you might not know about "Gasland II" is that it heavily features North Texas. Former DISH Mayor Calvin Tillman, Earthworks organizer Sharon Wilson, and Parker County resident Steve Lipsky are all in there, and Lipsky's fight for his well water is a major story thread.
Like it or not, the Barnett Shale is where folks from the rest of the country and the rest of the world come to see what kind of damage fracking can leave in its wake.
Hard to believe it's been 3 years since Downwinders hosted the theatrical premiere of the original in October of 2010 with Fox showing up for a panel discussion that also featured former city councilwoman Angela Hunt afterwards at the Angelica. It was the first citywide show of opposition to gas drilling in Dallas and a full year before the packed Texas Theater showing where Mayor Mike Rawlings made his now famous pledge "to never put neighborhoods at Risk over money." But that was all so pre-secret deal ago.
This summer the City Plan Commission is meeting every two weeks to draft a new gas drilling ordinance for Dallas. By late August or early September, they're expected to be finished and have said they will then hold public hearings on the draft they'll submit to the City Council for a vote. Plans are under way to try and bring Josh Fox to Dallas for a theatrical premiere of his sequel as these public hearings kick-off. Nobody's sure if this can happen with Josh himself – he's become a genuine celeb since the first time around – but we're working on producing our own "sequel" to that very successful first showing. Stay tuned.
Meanwhile, you can send a quick e-mail to the Plan Commission members telling them what you'd like to see in a new gas drilling ordinance for Dallas by clicking here.
Dallas City Council Elections and Drilling: Mayor’s Plan Fails, What’s Next?
The dust hasn't completely settled, but it's clear that Saturday's municipal election generally strengthened anti-drilling sentiment on the Dallas City Council.
This happened because of two things: 1) Residents elected anti-drilling candidates outright (Griggs and Medrano, with a run-off for Kingston), and 2) a couple of hard core supporters of the Mayor's and Mary Sumh's drilling plans were replaced by candidates who are more conditional in their support for how and where to drill than their predecessors (Kleinman replaces Koop, Griggs replaces Jasso).
Both of those factors can be traced directly back to all the constructive hell-raising citizens have been doing over the past two years or more. Every single candidate questionnaire had a query about gas drilling in Dallas. It came up at debates and forum and interviews. You made it an issue that even business-backed candidates had to address in a citizen-friendly way. You changed to tone, the content of the debate. You did that.
Our citizens' slate won two out of five races outright, with a chance to make it three out of five if Kingston wins the June 15th run-off. Unfortunately, Claudia Meyer lost her race to Vonciel Hill despite a lot of hard work and grassroots effort. And drilling opponent Leland Burk lost to Jennifer Staubach-Gates.
The June 15th run-off is now very important indeed, because it could give us up to 6 votes on the Dallas City Council against irresponsible urban drilling, with a possible 2-3 more swing votes coming over to our side depending on the permit and the site. You need 8 votes out of 15 to win. We're very close.
Besides the Kingston run-off with industry-backed Bobby Abtahi, there's also the District 5 run-off pitting Jesse Diaz against Rick Callahan – both very conditional drilling supporters who appear to be against park drilling.
So here's the Dallas Drilling scorecard as of today:
Opponents of Drilling
Greyson
Griggs
Davis
Alonzo
Medrano
June 15th run-off:
Kingston
Unconditional Supporters of Drilling:
Rawlings
Hill
Atkins
Caraway
Allen
Kadane
June 15th run-off:
Abtahi
Conditional Supporters – based on public statements
Staubach-Gates
Kleinman
June 15th run-off: Diaz or Callahan
Short-term, these election results look like they doom the zombie Trinity East permits. We only need four Council votes or more to uphold the City Plan Commission denial of those permits. We have at least five now, with the chance for 6 or more after June 15th. So the Mayor's plan to hold off on voting on these permits until after the election in hopes of finding more supporters has failed.
This is no small accomplishment. Last November, when the Mayor held a press conference and announced that he was breaking the informal moratorium that was holding back all permit requests until a new ordinance was written and pushing the Trinity East permits through for approval, it indeed looked like a "done deal." And as recently as April, some Dallas City Council members were telling their peers in Irving not to fret, because, despite the Plan Commission vote, the Trinity East permits were still a "done deal."
Well, folks that deal is done now. Well done. As in, put a fork in it. Congratulations. The Mayor tried to pull a fast one and he didn't succeed because of the fierce resistance he got from his own residents. We should know soon when the Trinity East vote will be, and when it's scheduled, we'll need you at City Hall once again to show the new city council that fierce resistance in person. Maybe that will make an impact on their future voting.
Longer term, the new Council will have more members who are opposed to all drilling in Dallas, not just in parks and flood plains, but they don't yet constitute a majority. They're at direct odds with the six Council incumbents who are avid supporters of drilling everywhere and anywhere. Somewhere in the middle – at least until the first vote or so – will be the three freshman members who are possible swing votes.
Their views will be increasingly important if one or both things begin to happen – there is movement to actually write a new gas drilling ordinance after the Trinity East permit denials are upheld, and/or Luminant follows through on its plans to drill and build a compressor station at North Lake and submits permit applications that will be at the center of yet another round of public controversy.
For now, let's concentrate on the June 15th run-off and getting a 6th anti-drilling vote on the Dallas City Council. Its not 8 yet, but it's pretty darn close and construction is still in progress.
Erin Got a Movie, But Lois Created a Movement
Every movement for social change has a birthplace that history assigns it. It's Rosa Parks refusing to give up her set on the bus, or the Stonewall patrons refusing to be bullied by the police.
For the grassroots environmental movement, it was Lois Gibbs and her neighbors refusing to let two EPA employees leave a Love Canal home for 6 tense hours in 1980 as they negotiated with the President of the United States for relocation off the top of a toxic landfill.
There was already an environmental movement in the mid-to-late nineteen-seventies, but it had grown out of the counterculture surrounding opposition to the Vietnam War and had a strong ideological streak. It also tended to focus on problems from a national or international perspective. Species extinction. Population control. Nuclear testing. Big Issues.
When Lois Gibbs made the connection between her children's illness and living on top of a toxic dump that no one had bothered to tell her or her neighbors about in Love Canal, New York, it was the beginning of a new kind of environmental activism. An activism rooted in home ownership and parenthood. An activism that stressed urgent action over political analysis. An activism that brought the unexamined consequences of 20th-Century industrialization not just into the living rooms of average Americans, but into their blood streams. It was the first time that we figured out that while we were thinking globally, we were getting poisoned locally.
It's hard to believe, but a short 35 years ago, there was no precedent for what Lois Gibbs did. There were no national groups advising citizens on how to effectively organize against toxic hazards. The EPA was only eight years old, as were the very first incarnations of the Clean Air and Clean Water Act. Yet her course of action is the template that is still repeated time and again, mostly still by women, as this nice retrospective piece makes clear:
…one day in 1978, the Niagara Falls Gazette published a story about toxic dump sites cluttering the region. Love Canal was one, and the news screamed from the page: 21,000 tons of toxic waste had been buried next to the school property, underneath the playground.
Pressing to move her son to another school, Gibbs won an audience with the school board superintendent. The school chief settled into an oversized leather chair behind a broad, shiny wood desk. He seated Gibbs in a school desk normally used by kids. Sunken in her seat, she slid two doctors’ notes across the desk saying her son’s sickness could be tied to the dump, she said.
The superintendent glanced at the notes, then slid them back. “‘We’re not going to do that because of one hysterical housewife with a sick kid,’ ” he said, as Gibbs recalled it. “ ‘Well, if your kid is so sick, why don’t you go home and take care of him? Why are you running around to City Hall and the school board?’ ”
Tears streamed down Gibbs’ face. “All of a sudden, I became the bad guy.”
At home, her Irish-Catholic temper began to burn. Raised on Love Road in Grand Island, one of six children of a stay-at-home mom and union dad, Gibbs was taught to vote at election time and fly the American flag. Now, as she raised two sick children in a town smothered in waste, the government had turned its back. “After I got sad, I got mad,” she says, recalling the conversation that helped propel her on a lifetime of activism. “Don’t ever tell me I’m a bad mother.”
Lois Gibbs wasn't calling herself an environmentalist when she started. She was just a desperate and pissed-off parent. But that's what made her effective. She was 26 years old.
“She was like a hurricane and we just kept going,” said Luella Kenny, a fellow Love Canal resident. “She was a housewife, and there’s nothing wrong with being a housewife, and she did not have all of this shall we say Wall Street and Washington know how the politicians had and the Wall Street investors had.”
Instead, Kenny said, Gibbs possessed a “hidden talent she wasn’t even aware of. But when push came to shove and your children are being threatened, I think you find that energy that you are going to protect them, for heaven’s sake.”
This is the same energy Downwinders at Risk was founded on. It's the same energy you find in all real grassroots fights. It's the kind if energy national groups based in Washington or New York did not have at the time and did not have the tools to support. Lois Gibbs wrote the creation story of the modern grassroots environmental movement.
Because of the fight over Love Canal, the nation's first Superfund Law was created to help finance the clean-up of abandoned waste sites. As so many women have since then, her experience in leading the fight transformed her deeply. She found her voice. And having found it, there was no chance in hell she was going to lose it.
She's created a national clearinghouse for helping citizens that she still runs, and its impact on groups throughout the country has been immeasurable. It provides a laboratory and staff and resources that often provide the only common link between thousands of new Lois Gibbs in their own fights.
Some of us have been lucky enough to meet Erin Brockovich in person and find out for ourselves how underplayed Julia Roberts was in her on screen portrayal. She's the real deal. And there's no question that her celebrity status generates public and media interest in righteous local fights that would otherwise be begging for attention. But her toolbox is a law firm. Her job as a legal assistant in a law firm put her on the front lines of one of the largest and most serious water contamination cases in modern US history and it's the same law firm that she uses as an effective cudgel when the circumstances are just right. It's the prism she sees everything through because it's the way she helped clean up Hinkley, California, the way she got introduced to the fight.
Lois didn't get involved in the grassroots movement because of her job. She was involuntarily drafted because of her son's illness. Her toolbox is a movement she founded. It's got a lot more strategies and tactics in it than just lawsuits. Lois sees the problem through a bigger prism because it wasn't lawyers that got her out of Love Canal, it was collective action of her neighborhood, including the taking of two EPA employees as hostages. When you start out like that, you see the world differently.
Downwinders is the direct descendent of Lois Gibbs and the Love Canal fight. Not just in spirit. Not just because our founder Sue Pope has been called "the Lois Gibbs of cement plant opponents." Gibbs herself was a mentor to National Toxics Campaign Director John O'Conner who, in turn, was a mentor to our Director, Jim Schermbeck. Links on a chain. All of you are links on the same chain.
While we haven't resorted to hostage taking, Downwinders does have the reputation of being the group that gets results, whether it means we have to get thrown out of an occasional meeting to highlight an undemocratic process, or repeatedly ask uncomfortable questions of industry reps who want to avoid answering. We do this because we are ever mindful of who we're representing – people who are getting shat on and don't have anyone else to turn to.
Despite all the progress of the last 35 years, Downwinders is the call of last resort for many modern day Lois Gibbs' in North Texas. After they find out that the EPA and state won't or can't help them, after they learn Greenpeace doesn't have an office here, and the Sierra Club is 100% volunteers, they end up calling us for help because we're the only anti-toxics group that provides full time staff support for residents.
Like Lois Gibbs, having found our voice, we're out to add it the voices of others and make a very large choir indeed. If you like what we do and think it makes an important difference, won't you please consider helping us in our Spring fundraising drive and put some money in the tip jar? Thanks.
Downwinders and Others File Stay Against EPA Over Weakened Cement Plant Rules
Seventeen years and counting – that's how long Downwinders at Risk has been fighting to get the EPA to modernize their rules for waste-burning cement plants. And we're not giving up.
On Wednesday, a national coalition of environmental and community groups that included Downwinders at Risk asked a federal court to stay a decision by the U.S. Environmental Protection Agency to weaken and delay Clean Air Act protection against toxic pollution from cement plants.
By the agency’s own calculations, the delay will cause between 1,920 and 5,000 avoidable deaths and will allow cement plants to release an additional 32,000 pounds of mercury into the environment.
The complete list of groups seeking relief include Cape Fear River Watch, Citizens’ Environmental Coalition, Desert Citizens Against Pollution, Downwinders at Risk, Friends of Hudson, Huron Environmental Activist League, Montanans Against Toxic Burning, PenderWatch & Conservancy, and the Sierra Club, all of which have members who live and work in close proximity to cement plants and have suffered from cement plants’ excessive pollution for many years. Earthjustice filed the stay motion on their behalf in the U.S. Court of Appeals for the D.C. Circuit. A copy of the groups’ motion can be found here: Cement Motion to Stay Rule
Cement plants are among the nation’s worst polluters, emitting vast quantities of particulate matter, mercury, lead, and other hazardous air pollutants.
“As if gutting and delaying the rule were not bad enough, EPA has essentially created a compliance shield for the industry, making it impossible for citizens to hold facilities accountable for their toxic emissions. These changes in the cement rule are irresponsible and reckless,” said Jennifer Swearingen, of Montanans Against Toxic Burning.
“Los Angeles is ringed by cement plants, and three of them operate near my home in Rosamond,” said Jane Williams, of Sierra Club and Desert Citizens Against Pollution. “The pollution from these plants hurts the people in this community and robs us of the outdoor lifestyle we came here to enjoy. We can’t wait two more years to get relief from these plants’ pollution. I don’t want anyone in these communities to be among the people this pollution is going to sicken and kill.”
Our own Midlothian is the cement capital of the United States and so Downwinders at Risk' Director Jim Schermbeck had something to say about the move. “The EPA seems to have learned nothing from having cement plants exploited as inadequate hazardous waste incinerators. As cement plants are once again becoming the nation’s Dispos-All, and new wastes are generating new emissions, the Agency is weakening air pollution controls and making it easier for cement kilns to poison their neighbors. It was wrong to turn kiln into incinerators in the 1980s and it’s wrong to try and do so again in the 21st century – especially accompanied by a roll back in regulations."
In North Carolina groups are fighting a massive proposed cement plant. “A gigantic foreign cement company wants to build one of the world’s biggest plants here,” said Allie Sheffield, of PenderWatch and Conservancy, a group that works to protect the coastal ecosystem in Pender County, North Carolina. “If this plant is built, EPA’s new rule will let it emit twice as much lead, arsenic, and particulate matter into our air and waters. At this point, I have to ask – why do they call it the Environmental Protection Agency?”
William Freese, of Huron Environmental Activist League, lives near what the EPA’s Toxic Release Inventory lists as the dirtiest cement plant in North America for point source pollution. “This makes one wonder how the EPA, in violation of U.S. Court of Appeals’ order, can allow this company to do keep polluting for two more years. By the time they get around to finally doing what’s right, they won’t have any environment to protect,” Freese said.
“Federal law required EPA to put limits on this pollution more than a decade ago,” Earthjustice attorney James Pew said. “But under one administration after another, the agency has refused to put limits in place. Real people suffer as a result of EPA’s scofflaw behavior, and now they are going to court to say ‘enough is enough.’”
The 1990 amendments to the Clean Air Act required EPA to limit cement plant’s emissions of hazardous air pollutants such as mercury. In 2000, a federal court had to order EPA to set these standards after the agency refused to do so.
In 2010, in response to a lawsuit filed by Earthjustice on behalf of community groups living in the shadow of cement plants, EPA finally set the standards that the Clean Air Act had required it to set more than a decade before. These standards would have significantly reduced cement plants’ emissions of soot, mercury, lead, benzene and other toxic pollutants by September of this year.
Rather than acting to clean up their pollution, cement companies attacked EPA’s new rule in court and in Congress. The attacks failed. The court denied their request to vacate or delay the standards, and legislative efforts to do the same failed to gain support on the Hill.
In 2013, however, the EPA voluntarily gave the cement industry the very relief it had failed to get in court or in Congress. It delayed emission reductions that were already more than a decade overdue for another two years, until 2015. Additionally, EPA weakened particulate matter standards and eliminated requirements that would have required cement plants to monitor and report their emissions to the public.
Citizens are down but not out. And we will never rest until we see cement plants regulated the way they should be when they burn so many different types of waste. We can fight this fight because of your support over the years. Please help us keep fighting by putting a bill in the tip jar. We need your help to raise our 2013 budget to keep our staff in the field working for your lungs. Thanks.