Drilling in Dallas
Dallas Park Driller Was Former Haz-Waste Handler Forced to Shutter California Plant for Violations
The President of the company at the center of the current Dallas drilling controversy was Vice-President and General Counsel of a hazardous waste disposal firm that was forced to close its California plant site after a long history of environmental violations.
Thomas Blanton is President of Keystone, the parent company of Trinity East, which is applying to the City of Dallas for three gas drilling and production permits in the Trinity River flood plain near Irving. But in the 1990’s and early years of this century, he was a leading officer of the Board of Directors of US Liquids, a large broker of hazardous wastes that had its California facility ordered shut by the state’s California Department of Toxic Substances Control.
From 1999 to 2003, US Liquids owned Romic Environmental Technologies Corporation. Romic’s Bay Area operation received hazardous wastes from throughout the country, “blended” them on-site, and then shipped the toxic soup for use as “fuel” for cement plants like the TXI kilns in Midlothian.
Records show that from 1999 to 2004, Romic was slapped with 28 separate environmental violations by the State of California, which resulted in penalties of $849,500. The California Occupational Safety and Health Administration (CalOSHA), discovered 57 violations at the plant from 1988 to 2004, totaling another $163,360 in fines.
Romic closed in 2007 on orders from the state of California as part of a legal settlement stemming from a series of environmental violations. The state and EPA ordered a clean up and closure of the facility after extensive soil and ground water contamination was discovered over most of the site. According to the EPA, the contamination is primarily attributed to the spills, overflows, flooding events, and other accidental releases around the “central process area.” The primary contaminants were volatile organic compounds such as trichloroethene (TCE), a solvent used to clean metal parts. Toxins migrated as much as 80 feet below ground that borders San Francisco Bay tidal marshes.
All three sites that Blanton’s company wants to drill on are located in the Trinity River’s 100-year flood plain; two are also on City of Dallas park land. Opponents have warned about probable contamination from surface spills, which a 2011 UT study concluded were more frequent with fracking than conventional drilling.
It was recently disclosed that a Trinity East sister company experienced a casing failure at an Irving gas well it tried to drill in 2009, although the extent of any environmental damage caused by the incident remains unknown.
“Does Dallas really want hand over its park land to a businessman who has a history of contaminating and threatening soil and water resources?” asked Gary Stuard, Chair of Downwinders at Risk, a local DFW clean air group that’s been battling the Trinity East permits.
After denying Trinity East’s permits once last December, the City Plan Commission is scheduled to vote a second time on them at its meeting on Thursday afternoon.
Stuard was critical of the lack of due diligence city staff had performed on Trinity East and its owners and said this new information was another example of residents doing the job themselves. “There’s never been a review of the company’s track record by the City. It had gone completely unexamined until Dallas residents took it upon themselves to do the research. What else don’t we know because the City isn’t doing a routine background check?”
Back in California, the first phase of the EPA-ordered clean-up at the Romic site ended in 2010 with clean-up of surface and above ground messes. A second phase is addressing the remediation of below surface soil and groundwater contamination. The estimated cost for closure and cleanup of the facility is $2.5 million.
Dallas Morning News Says Enough is Enough: Deny Gas Permits
Win, lose or draw at Thursday's City Plan Commission vote, there is no question that, slowly, but surely, residents have built a consensus of public opposition to the Trinity East permits. For the latest proof, look no further than Wednesday's lead editorial in the Dallas Morning News advocating denial. It's the first time the paper has taken such a position. We know some of you can't get over the DMN paywall, so as a public service, here's the whole peice.
Groups Call for Full Open Public Hearing for Dallas Gas Permits Vote on Thursday
Here's the full text of a letter that was sent to all Dallas City Plan Commission members last week:
Commissioners and Chair,
Despite the request to the City Council made by members of the Commission on February 7th to change city policy in order to accommodate the Trinity East gas permits by your March 21st meeting, there has been no effort to do so.
For this reason alone, we urge you to take no action on these permits next week, or uphold your December 20th denial. These permits would allow surface drilling on park land and in floodplains, contrary to current city policy.
However, information and circumstances that have come to light since the December 20th vote to deny these permits make them even more objectionable.
We know that the proposed Trinity East processing facility and compressor station will be at least the 10th largest source of air pollution in the city, with a strong probability that emissions would grow to be much greater, out of the regulatory reach of the City of Dallas as they grow.
We know that city staff is working to locate this large air polluter next to the new Elm Fork Athletic Complex, in direct contradiction to recent city staff and City Council actions to protect the area around the Complex from lesser air pollution threats.
We know that, despite the title of the facility itself, the scale of operations, and the equipment it proposes to install, city staff refuses to classify Trinity East’s “Luna South Gas Processing Facility” as a gas processing facility under current City of Dallas zoning law.
We know that Trinity East misled the CPC at your February 7th meeting when its representative told you that gas well casings always protect underground aquifers. In fact, Trinity East had a casing failure at a previously undisclosed well in Irving, only a few miles away from the proposed Dallas sites, and with the City of Dallas participating in the lease agreement.
We know that on January 10th, Trinity East representatives told the Commission that its processing facility and compressor station would handle only the gas from its three Dallas sites—despite its Manager stating in published interviews that it was the centerpiece of a larger regional plan that incorporated Trinity East wells in at least two other cities.
We know that the city staff has a conflict of interest in performing an unbiased due diligence of the Trinity East permits because the City Manager had already pledged to support approval of the permits in a previously-undisclosed 2008 agreement. This is the reason there has not been a comprehensive review of the environmental and public health impacts of these permits by the City of Dallas staff, as there have been for other proposed polluting facilities in the same area as the Trinity East sites.
We know that a complaint has been filed with the Dallas County District Attorney’s Office alleging possible Open Meetings Act violations leading up to the January 10th CPC meeting that could make a second, “reconsidered” vote on the Trinity East permits illegal.
We know that a vote to approve these Trinity East permits is a vote condoning five years of the public, the Commission, the Park Board, and the City Council being intentionally mislead by the City Manager concerning the circumstances of these specific sites. It is perhaps the most important vote you will cast as a City of Dallas Plan Commissioner.
If you do decide to take a second vote on the Trinity East permits at your March 21st meeting, we request that you adopt special public hearing procedures that will guarantee a Dallas resident’s right to speak.
Based on the experience of the Commission’s February 7th meeting, the CPC format of 15-minutes per-side is clearly not adequate to allow everyone who wishes to give testimony on this high profile and controversial issue to be heard.
Because the CPC only meets during weekdays, many of us take off from our jobs or home responsibilities to attend. Our time should be respected. When a government entity announces a public hearing, it should be willing to listen to everyone who makes the effort to attend and speak. You owe us that courtesy.
The only time citizens have become angry during CPC meetings has been when they were completely shut-out of any opportunity to provide public comment (January 10th), and when public comment was shut down prematurely with many dozens of speakers still lined up to give testimony (February 7th). We make no apology in standing up for our right to speak out.
To avoid future frustrations, any definitive vote on the Trinity East permits taken on March 21st should be preceded by an inclusive, open-ended public hearing that gives each person their say. Toward that end, we propose that the CPC adopt the City Council rules for public hearing and allow everyone who wants to testify a total of 3 minutes each. The hearing would remain open until the last person spoke. Commission members would still be able to ask questions of specific presenters. This offers freedom of speech without sacrificing any of your tools to elicit further information from the participants.
We know that some of you must be as frustrated as ourselves in having to revisit this issue time and again, but there is a way to definitely put it to rest. Let the December 20th denial of the Trinity East permits stand.
Thank you for your consideration.
Raymond Crawford
Dallas Area Residents for Responsible Drilling
Jim Schermbeck
Downwinders at Risk
Sharon Wilson
Earthworks’ Oil & Gas Accountability Project
Marc McCord
FracDallas
Ed Meyer
Mountain Creek Neighborhood Alliance
Molly Rooke
Greater Dallas Chapter, Sierra Club
Zac Trahan
Texas Campaign for the Environment
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.
Take a Tour of Dallas Gas Sites and Decide for Yourself if They’re Wasteland
(Dallas)—-A local clean air group released a short film of an official Dallas City Plan Commission tour of controversial gas drilling and production sites that it says rebuts the claims made by City Council members during last Wednesday's City Manager’s briefing on parkland drilling that the land is "desolate" and a "wasteland.”
Downwinders at Risk posted "Dallas Fracking Mystery Tour” early Tuesday morning for public viewing on its own website. It's a fast-paced four minute journal of a January 31st City Plan Dallas City Plan Commission bus tour of all three proposed Trinity East gas permit sites in Dallas: The Gun Club and the LB Houston/Luna Vista Golf Course drilling sites, both on city parkland, as well as the Luna Vista Processing Plant site, aka, "The Rawlings Refinery and Compressor Station," located only a short distance away from the City of Dallas' new Elm Fork Athletic Complex.
The group hired a local professional filmmaker to accompany the 15 Plan Commissioners, various city staff and members of the public on the half-day outing from the time they boarded two buses at City Hall to the last site visit, including question and answer sessions between Commissioners and David Cossum, the City of Dallas Assistant Director of Sustainable Development and Construction. The result is a quick take on each of the sites through the eyes of the tour participants.
“Contrary to claims by Council members who’ve never visited the sites they want to condemn, the Trinity River bottoms are not “wasteland,” said Jim Schermbeck, Director of Downwinders. “Even a quick look like this tour offered shows its never going to be mistaken for a Midland-Odessa oil patch.”
During last Wednesday’s briefing, Council member Sheffie Kadane compared the park land sites at the Gun Club and the Golf Course to West Texas oilfields, Council member Jerry Allen called them a “wasteland,” and Council member Dwaine Caraway said they didn’t represent “quality park land.” But looking at it the sites from the perspective of the Plan Commission tour, one sees expanses of hardwood forests, sculpted fairways, and a peacefully flowing Trinity River close-by.
Besides offering a striking visual counterpoint, the tour’s on-site Q&As between Plan Commission and City staff reveal other mistakes in drilling proponents’ claims about the sites. For example, Kadane has insisted there would never be drilling equipment in the actual flood plain, but as Cossum explains to an inquiring Commissioner, there will be.
Another Q&A at the refinery and compressor station site reveals City staff’s contradictory stances on sources of pollution surrounding the Elm Fork Athletic Complex – a new recreation facility expected to attract hundreds or thousands of children and their families on weekends.
The city is opposing a new permit from a near-by rock crushing facility permit because of concerns about its 17 tons of annual air pollution so close to the Complex, but supporting the construction of a gas refinery and compressor station that will admittedly release at least 75 tons a year of air pollution only 50 feet further away.
Using the Beatles’ “Magical Mystery Tour” as a recurring soundtrack, the short film uses no voice over narration, relying only on the comments of tour participants and text. It repeatedly asks why the city would contradict its own current policy, answering that “It was a Mystery” at the time of the tour.
However in a postscript, it adds the February 7th Dallas Observer publication of the 2008 “secret agreement” between Dallas City Manager and Trinity East to exchange funds for leases on city land for city staff help in approving drilling and production permits. “Suddenly, it wasn’t a mystery anymore.”
Schermbeck says his group hopes the film will put “a face on the sites” they haven’t had before, and offer a short, entertaining way to get educated about the controversy. “There’s been a lot of misinformation about these sites perpetrated by people who’ve never visited them. People can now see them the way the Plan Commission did and decide for themselves.“
Big Day in Big D Drilling Fight: DMN Comes Out Swinging, and Claudia Meyer Will Take On Vonciel Hill for Council Seat
It's hard to put Wednesday's Dallas City Council meeting into words. The level of aggressive ignorance reached heretofore unknown oxygen-gasping altitudes, as a City Manager who intentionally deceived the Council and public for at least five years was compared to Jesus, and meddlesome residents were castigated for being impediments to the real job at hand – draining city "wasteland" of its gas resources.
Save for a Perry Mason-worthy cross-examination of City Manager Mary Suhm by Council member Angela Hunt with back-up by Scott Griggs and Sandy Greyson, citizens looking for some accountability for the lack of disclosure over a side deal with industry, or how parkland that was never slated for drilling suddenly landed on a list of drill sites, were left very disappointed.
But professional journalists are paid to write about such things no matter how hard it is to capture the depth of obliviousness, shallowness, and empty-headedness. And If you haven't already, you need to read two published accounts that will send you reeling. One is Jim Schutze's take in the Dallas Observer. The other is today's surprisingly strong Dallas Morning News editorial. We urge you to leave an online comment in support of this editorial, as it's one of the most remarkable the News has ever published. That in itself should indicate how bad Wednesday was – even the Morning News, defender of the Dallas Establishment, was appalled.
As Schutze points out, the most over-the-top and vicious diatribe belonged to current Council member Vonciel Hill, who wrapped herself in self-righteous religious language in condemning fellow council member Angela Hunt and praising the City Manager. From her skewed point of view, it was Mary Suhm who had been outrageously wronged, and Hunt who was at fault for even questioning the integrity of a person who would engage in obviously unimportant things like secret agreements with industry, and misleading statements.
That's why we're very encouraged to hear the news this morning that longtime neighborhood advocate and clean air supporter Claudia Meyer is filing to run against Vonciel Hill in the newly-created District 3 that covers southwest Dallas. Claudia is a former Assisted Living facility director and medical social worker who's lived with her husband in the same Mountain Creek home for over 30 years. She’s been a well-known neighborhood advocate as a board member of both the Fox Hollow Homeowners Association and Mountain Creek Neighborhood Alliance. She also has a long history of volunteer public service on behalf of the community including membership on the boards of the Friends of Mountain Creek Library, Friends of Fox Hollow Park, and the Dallas Municipal Library Board.
But most people reading this will instantly recognize her as the motherly-figure that has guided Dallas neighborhood resistance to irresponsible gas drilling for the last four years. She and her husband Ed have been a fixture at every official meeting where gas permits have been discussed since 2009. They also happen to be longtime Downwinders, having come on board during the 1990's TXI hazardous waste burning fight.
Given the tone of the Dallas City Council on Wednesday, symbolized by Vonciel Hill's speechifying, electing Claudia Meyer may be that the most important thing any Dallas area person who calls him or herself an environmentalist can do for the local biosphere between now and June. Why? Defeat of Hill would strike at the heart of the drilling-at-all-costs faction of the Council, and just might provide a one-vote margin for denying all three Trinity East gas permits, including the refinery/compressor station that will become Dallas' 10th largest air polluter in Dallas the moment it comes online. Moreover, along with Scott Griggs and Sandy Greyson, Claudia could be a strong voice for a greener, more citizen-friendly Dallas in general. That's why the North Dallas-based Citizens Council will probably be spending a lot of money trying to re-elect Hill.
We'll continue to try and help you educate yourselves about candidate choices, so that you'll when you step into the booth and pull the lever, you'll know who best answers the question: "In your opinion, If Jesus was the City Manager of Dallas, would he make secret deals with gas companies and be hankering to drill on park land?"
Finally, today folks begin arriving for the national fracking conference taking place on Saturday and Sunday at the Best Western Plus Dallas Hotel & Conference Center at 8051 Lyndon B Johnson Freeway just east of Coit (map). The line-up for speakers on Sunday is particularly stellar, as we wrote about last week – three national speakers you don't get to hear in the same place on the same day very often.
And if you want the Dallas City Council to know exactly how you feel about its performance on Wednesday, you can join members of the nationally known "Light Brigade" for an evening protest on Saturday beginning at 6:30 at the hotel. These folks use LED lights to make short "freeway blogger" type messages that thousands of people end up seeing. Very effective use of new technology. Saturday's message will be "No Fracking" and they'll be close enough to LBJ to make an impact. You can learn more about them here at their Facebook page.
What Wednesday made clear is that we have a lot of work left to do, and that this is now a defining moment in Dallas civic history. We have the power to shape it, but we all must now commit to not only talking the talk, but walking the walk – block by block.
Timing is Everything: National Fracking Conference Coming to Dallas
When it fracks, it pours.
Just as the long-running fight over gas drilling in Dallas explodes into a full-fledged City Hall scandal, here comes a national fracking conference to spotlight how the rush to drill can create more problems than it solves.
On Saturday March 2nd, and Sunday March 3rd, DFW residents have a great opportunity to take a break in the fight and see superstars of the citizens movement in person when the "Stop the Frack Attack" conference settles in for a two-day run at the Best Western Plus Dallas Hotel & Conference Center at 8051 Lyndon B Johnson Freeway just east of Coit (map).
You can look at a full schedule of speakers and workshops here, but there are some events that stand out:
SUNDAY, MARCH 3rd
9:00 am – 9:45 am: Morning Plenary: "Health Impacts of Fracking" with Wilma Subra and Nadia Steinzor. Dr. Subra was a 1999 MacArthur "genius" award winner for helping “ordinary citizens understand, cope with and combat environmental issues.” She's one of the leading scientific voices in the grassroots environmental health movement. Nadia Steinzor is the Marcellus Shale organizer for national group Earthworks. You you only see one presentation, you might want to make it this one.
SUNDAY, MARCH 3rd
2:50 pm -3:45 pm : "Connecting Fracking, Climate Change, and Clean Energy" with Dr. Tony Ingraffea. Dr. Ingaffea was the Cornell University scientist who first called BS on the gas industry's claims of being 100% climate friendly. As his presentation points out, the mining and production of gas is not climate friendly at all and makes it a worse choice than coal in some respects.
SUNDAY, MARCH 3rd
4:15 pm – 5:30 pm: Closing Plenary with Deborah Rogers.
Deborah Rogers is a Ft. Worth based economic analyst whose own family property was put under siege by fracking in Cowtown. She just released a new report on the "bubble economics" of the gas industry and will close out the weekend with a presentation on the real economics behind the shale boom.
You don't get to see these three headliners at the same gig very often outside of either coast, so take advantage of them showing up at your front door just as we're about to start another chapter in the Dallas Drilling Scandal, with a City Plan Commission vote scheduled for March 21st. Be prepared.
Besides these great speakers, there are also lots of workshops:
Fracking 101
Community Organizing & Leadership Development
Pipelines, Compressor Stations and Other Infrastructure
Spokesperson training
Nonviolent Direct Action
A full two days. Nationally-known speakers. A bunch of workshops where you'll learn the things you need to know and meet people like yourself. All for only $50 bucks – and that includes lunch both days. Register here now. See you there.
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.
Breaking: Dallas City Hall Smoking Gun Found
The Dallas Observer has all the details on how the Dallas City Manager made a side-agreement with Trinity East and sold out the city's parks and its residents in the process.
Open Meetings Act Violation Filed Against Dallas Plan Commission Chair
(
(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.