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Posts Tagged ‘Public Citizen’

Lake Travis Levels Plummeted During 2009 Drought

Today the Lower Colorado River Authority (LCRA) Board of Directors delayed a vote on providing water to the “White Stallion” coal plant proposed for Matagorda County. Though White Stallion’s Chief Operation Officer, Randy Bird, was expecting and asking for approval of a contract today, the board chose to delay action until August 10. This makes sense considering that they were confronted with more than 30 people who signed up to speak against the coal plant, some driving from as far away as the Gulf Coast (some taking off work) in order to be there. This delay is a victory for those opposing the coal plant and a step in the right direction in convincing the LCRA that this project is not a beneficial or responsible use of water from the Colorado River Basin.

Key concerns included the general aspect of this project and the negative effects it would have on the people, environment (and watershed) of the region. There were also, as expected, many concerns regarding the current drought and many agreements that the last thing LCRA should consider is adding more, firm water commitments particularly when LCRA is already asking customers to conserve and scale back their water use. Concerns about how global warming would further worsen dry conditions in the region over the next 55 years (the length of the proposed contract) were also voiced by many of the speakers.

“Even though they haven’t denied it yet, we’re glad they’re taking their time to look into the serious implications of this coal plant request” said Lydia Avila with Sierra Club.  “We’re confident that when they look at the facts they will realize this is a bad deal for Texans and reject it.”

Only one or two people spoke in favor of granting the contract, one of whom was Owen Bludau, Executive Director of the Matagorda County Economic Development Corporation – one of the original entities that worked to bring the White Stallion proposal to Bay City. Those speaking against the contract included Matagorda County Judge Nate McDonald, Burnet County Judge Donna Klaeger, David Weinberg (Executive Director of the Texas League of Conservation Voters), Doctor Lauren Ross (who recently released this report on how White Stallion would affect water in the Colorado watershed), and many others including concerned residents throughout the LCRA region and landowners located right next to the proposed plant site.

Public Citizen applauds LCRA’s decision to table this vote. It shows that the LCRA takes the concerns of their stakeholders seriously. The next two months should prove to the LCRA that this coal plant is both unnecessary and a waste of our most precious and dwindling resource: our water.

Update and thank you!

Public Citizen wants to thank all of you who responded to our emails, blogs, tweets and phone calls and either called, mailed, or emailed comments in, and to those who showed up and packed the meeting room today.  This decision would probably have been very different if you had not made your concerns know to the board.  You are all awesome!

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San Antonio Press Conference on Radioactive Waste facility in West Texas. From left to right: Debra Medina, We Texans; Karen Hadden, SEED Coalition; Trevor Lovell, Public Citizen; and Peggy Day, Sierra Club member

Public Citizen, Sustainable Energy and Economic Development (SEED) Coalition and We Texans are traveling around the state to get the word out to folks in Houston, San Antonio, Austin and Dallas against proposed bills that would allow states to ship nuclear waste to a West Texas low-level radioactive waste disposal facility.

The facility in Andrews County is still under construction and was originally designed to house radioactive and nuclear waste from Texas and Vermont.The bills working their way through the Texas Legislature would broaden the scope to allow them to accept waste from anywhere within the United States.  (Bill numbers HB 2184 and SB 1504)Debra Medina, a former Republican gubernatorial candidate who is currently the director of We Texans is joining the environmentalists in protesting Waste Control Specialists plan to import low-level radioactive waste from 36 states to their site in Texas.

SEED Coalition and Public Citizen believe the danger is the estimated annual 4,600 truckloads of hazardous waste on state roads. Medina is angered over what she’s calling “crony capitalism,” where political donors get political favors.

In this case, she claims, Waste Control Specialists is getting a profitable license but only having to set aside $500,000 to pay for any possible accidents or spills. Medina said that small amount leaves the liability on the backs of Texas taxpayers.

“It’s not free market anymore when you tell a company they’re not liable for the harm their product or service may cause,” she said.

“It’s a very limited revenue stream for Texas. It’s a huge revenue stream for the private contractor and a great liability for Texas taxpayers.”

One of the things Public Citizen is calling for is a state study ratifying whether there is actual additional capacity at the site before opening it up for importation outside of the original compact states.

Concerns were also raised over the increase in nuclear waste traveling on Texas roads. While traffic accidents involving waste are rare, they said more studies need to be done to avoid endangering Texans.

Suddenly, all that waste is going to get packed up and shipped out from power plant facilities, hitting the highways around the nation and it’s all going to end up coming through Texas.  We’re going to see a concentration of shipments, and we’re going to see a commiserate concentration of accidents that we’re going to be liable for.  Seems like a good deal for WCS but a pretty bad deal for Texans if there is a big accident.

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Could your trip down to the neighborhood meat market, or your favorite burger joint be contributing to the demise of the Amazon rainforest?  Cattle ranching in Brazil is the leading cause of deforestation in the Amazon. This is old news though.  Cattle ranching has been the leading cause of deforestation in the Amazon rainforest since the 70s.  The cattle industry in Brazil is responsible for 80% of the deforestation of the Brazilian Amazon region to be exact.  This means that the ever growing cattle sector in Brazil is also a huge contributor to the greenhouse effect.  According to Greenpeace, statistics show that 2.5 acres of the rainforest is destroyed every 18 seconds.  To compound the situation, the number of cattle in Brazil has nearly doubled since 1990.  Back in the 90s, Brazil only produced enough beef to feed its own population.  Today, the cattle production industry, located in the heart of the Amazon on a territory known as Mato Grosso, has increased by at least 50 billion.  Here in Mato Grosso, pasturelands have been cleared for cattle grazing the size of Portugal!

Pie chart of deforestation in the Amazon

Recently, Brazil has also just earned itself the title of largest beef exporter in the world, exporting everywhere from Hong Kong, the European Union, and even to the United States (primarily fast food restaurants).  According to the Center for International Forestry Research, ‘between 1990 and 2001 the percentage of Europe’s processed meat imports that came from Brazil rose from 40-75 percent’ and by 2003 for the first time ever, ‘the growth in Brazilian cattle production—80% of which was in the Amazon—was largely export driven.’

The United States has recently been in dispute with Brazil over the cotton production industry, and (thank heavens!) placed a ban on the import of Brazilian beef…but hold on folks:  that ban is set to expire at the end of this year.  Another important note to consider: this ban on Brazilian beef imports is not a complete ban, in fact, many restaurants and other fine dining businesses in the US continue to partake in the destruction of the Amazon.  The ban only pertains to grocery stores, and is currently in debate as to whether or not it will be lifted.  The ban depends upon the dispute over cotton production industry between the two countries.  The ban was originally instated in the US due to the high levels of foot and mouth disease prominent in Brazilian beef. (more…)

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World News with Diane Sawyer is airing a segment tonight on the Bokoshe fly-ash dump in Oklahoma. Public Citizen first worked with the people of Bokoshe and others throughout Oklahoma back in 2008 to oppose the expansion of the Shady Point coal plant in Poteau, OK – the plant that dumps its coal ash in Bokoshe. In one of the swiftest coal plant battles in US history the expansion was defeated, but the people of Bokoshe continue to deal with the problem of toxic coal-ash from the existing coal plant.

The main problem is that coal ash is almost completely unregulated despite the fact that coal ash contains heavy, metallic neurotoxins like mercury and lead as well as other toxins like selenium, cadmium, arsenic, and can even contain radioactive isotopes. Though the EPA is attempting to initiate new, stricter regulations on this toxic and hazardous waste product there is a large push back from the coal industry to weaken these standards, and the implementation of those standards has been continually delayed. (more…)

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Over the past couple of years, there has been a heated debate involving the potential EPA implementation of allowing a greater percentage of ethanol in gasoline.  The current volume percentage of ethanol allowed is 10% for vehicles made between the years 2001 and 2006. Recently, the EPA has been discussing the approval of what is known as E15 (15 volume percent ethanol blended with gasoline), and in October of 2010, the request was waived for the implementation of E15 to be allowed in vehicles made in 2007 and later.  Taking these two decisions into consideration, this now allows for E15 use in vehicle makes 2001 and newer, lighter-make vehicles into the commerce division.  Studies have shown that E15 is likely to result in somewhat lower evaporative emissions compared to fuel currently sold in much of the country (E10) as a result of the lower volatility of E15 under the partial waiver conditions. There are currently two conditions that must be met.  These conditions take into consideration the concerns of the community.  One condition of the waiver involves the mitigation of the possibility of citizens misfueling E15 in the wrong vehicles.  The other condition addresses the fuel and quality of the ethanol.

Sign indicating ethanol at gas station

On January 21, 2011, the EPA did in fact grant a partial waiver for E15 for use in MY2001-2006 light-duty motor vehicles. These decisions were based on test results provided by the U.S. Department of Energy (DOE) and other information regarding the potential effect of E15 on vehicle emissions. Taken together, the two actions allow, but do not require, E15 to be introduced into commerce for use in MY2001 and newer light-duty motor vehicles if conditions for mitigating misfueling and ensuring fuel quality are met. The EPA is still in the process of completing work on regulations that would provide a more practical means of meeting the conditions.

These new waivers implemented earlier this year by the EPA have cattle ranchers in an uproar as well.  But what could the Texas livestock industry possibly have to do with the newest ethanol implementations? According to the Texas and Southwestern Cattle Raisers Association (TSCRA), the new 50% increase in ethanol-gasoline allowance, is detrimental to the costs of their livestock production.  The TSCRA claim that such a dramatic increase in ethanol permittance will have serious negative repercussions for their cattle ranches.  A statement made by TSCRA president and fellow rancher, Dave Scott, indicated that these high levels of corn based ethanol are one of the most influential factors in driving price increases in corn products, including the feed for cattle.  This is a clear indication of the dangers we create once we begin to place our food and fuel in competition against one another.  In 2008, according to the US Department of Agriculture, feed for livestock reached its record high at $45.2 billion.  This was an increase of more than $7 billion from 2007.  With the cost of feed for livestock and newer, higher levels of ethanol being so intertwined with each other, we will only be seeing an even more dramatic rise in the cost of feed for cattle production…and more unhappy ranchers.

Our nation’s food supply and methods of transportation must find a way to compromise and divert their routes of competition elsewhere because both are at serious risk in the future.

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Americans tend to think of climate change as a ‘down the road’ future phenomenon. But the fact of the matter is that although the world isn’t coming to an end tomorrow, we are being impacted by climate change, and much more than we may think.  We may feel like we don’t know anyone dealing with the repercussions of climate change, but the effects are closer than we think. In fact, think of that cattle ranch down the road, it’s probably dealing with the effects of climate change, like drought, and extreme heat waves, and most of us don’t even know it.

Climate change can affect livestock, especially here in Texas, aka the cattle country.  This occurs principally through variations in appetite, and distribution in energy between maintenance and growth.  The potential for disease incidence becomes increased as well. Does this become worth the cost for those who raise cattle? Speaking from personal experience, I can tell you that it is not.

Cattle during a roundup session

My family has owned a working cattle ranch for as long as I can remember.  The cattle were left to openly graze through the pastures and wander about the ranch, to the fishing pond and beyond.  I can remember countless times driving in only to be stopped by a cow standing blatantly in the middle of the road munching on some mesquite.  A few months ago, the decision was made to slowly get rid of the cattle on the ranch.  Why you ask? For one, the expense it costs to maintain such a production is becoming more than the profit.  The cattle are eating everything in sight, not allowing the wild game to acquire enough to eat to reach their full mass potential.  This essentially decreases the amount of hunting leases the ranch receives, since the game isn’t at its full potential, size wise.  As long as the cows continue to eat, they’ll also continue to erode everything in sight, especially since they’ve been grazing for so long out in the pastures.  And specifically speaking of extreme heat waves, I can remember a few times in my lifetime when we’ve had cows die right in the pastures as a result of the brutal Texas heat.  That seems to be a pretty clear indicator of the serious catastrophic risks that the effects of warming have on the hard-working cattle ranchers. (more…)

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Texans for Lots of Radiation bring attention to Harold Simmons' donations to Texans for Lawsuit Reform

Texans for Lots of Radiation (TLR too) brought attention to the record donations raised by Texans for Lawsuit Reform (TLR) PAC ($6.9 million in the 2010 election cycle) with help from its No. 1 donor: nuclear-waste kingpin Harold Simmons. To reduce the cost of negligently harming other people, the PAC took 12 cents of every dollar it raised from Simmons. Not coincidentally, this billionaire is imposing unprecedented liabilities on Texans by importing staggering volumes of toxic and radioactive waste into West Texas.

TLR too is an ad hoc coalition of concerned organizations that include Texans for Public Justice, Public Citizen and the Sustainable Energy and Econimic Development (SEED) Coaliton. 

 
Lobby Watch also finds that many of TLR’s biggest new donors are righteously litigious dudes.  Click here to read the Lobby Watch report on this PAC’s contributions and its biggest contributor.  You can also check out the TLR too website for more information. 

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In a piece by John W. Schoen, senior producer at MSNBC, he leads with:

As the turmoil in the Middle East spreads to Libya, a major oil producer, the shockwaves of Arab unrest are reverberating through the global oil supply chain – and threatening to spill over into the global economy.  Click here to read the full story.

Even if prices stabilize, the higher cost of energy comes as the global economy is already struggling to come back from the recession, with Texas just now seeming to enter that arena (as evidenced by the states’ significant budget shortfall this biennium).

You can be sure that a crisis in the oil industry will have an effect on the bills passed this session in the oil refining Mecca of the United States.  Stay tuned as Public Citizen tracks the impacts on the regulatory industry in the State over the next year.

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The much anticipated hearing between the Environmental Protection Agency and Texas regarding the regulation of greenhouse gas emissions will occur this morning in Dallas, Texas.  The hearing is set to begin at 10:00 AM and is expected to continue through 7:00 PM this evening.  The hearing will be held at the Crowne Plaza Hotel in the Market Center and will assemble both the public and concerned citizens of Texas for dissent and opinion on the issue.  Many members of the community will be in attendance, as well as other battlemen fighting for justice, including the Sierra Club and of course, Public Citizen, represented by our very own pirate coal activist Ryan Rittenhouse! We will be making our voice heard this morning in Dallas in hopes of changing the current regulations concerning emission standards.  Businessweek has quoted Neil Carman of Sierra Club on the issue, who has assessed that the new rules of the EPA will not in fact be costly to implement whatsoever.

The latest controversy involves the decision made late last year that the EPA would in fact be taking over the permitting process regarding emission regulation in Texas.   In response, Texas is now currently suing the EPA to try and halt their implementation plan which would essentially call for more rigid regulation standards in either new or existing power plant and/or oil facilities.

Old Cowboy western shootout picture

EPA vs. Texas: Emissions Shootout

Texas claims that the EPA is overstepping the state’s authority with respect to emission setting standards.  The EPA’s justification for taking over the permitting process is related to Texas rejecting to comply with the EPA’s new greenhouse gas rules issued earlier this year.  The EPA claims that Texas has left them no other choice but to take over, not only because of the hot-headed letter we sent to EPA refusing to comply with the Clean Air Act, but also since Texas is also the leading nation in greenhouse gas emissions as well as industrial pollution.   By holding this hearing, the EPA is allowing both environmental advocacy groups as well as the public to voice their opinion before the final decision is rendered concerning emission standards.

Will the outcome of this battle prove to be victorious? Tune in next time to find out!

Related Articles:

http://www.businessweek.com/news/2011-01-06/epa-texas-feud-escalates-over-new-carbon-regulations.html

http://www.chron.com/disp/story.mpl/ap/tx/7381200.html#drop

http://www.bizjournals.com/sanantonio/print-edition/2011/01/14/epas-takeover-of-permitting-to-have.html

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Texas Net-Metering Report This past summer, interns in Public Citizen‘s Texas office were busy calling utility companies (including rural electric cooperatives and municipally owned utilities) to find out what their policies were on net-metering. 

Net-metering is an arrangement by which excess renewable electricity produced by consumers who own (generally small) renewable energy facilities, such as wind, solar power or home fuel cells, is supplied to the electrical utility grid, causing the customer’s electric meter to spin backwards and generate credit to the customer’s electric utility account

What the policies are for customers to connect to the grid and how any credits are assessed to them for their excess energy is the subject of this report.  To read our report, click here.

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The Texas Low-level Radioactive Waste Disposal Compact Commission (TLLRWDCC) approved rules yesterday that pave the way for 36 states to export low-level radioactive waste to a remote landfill along the Texas-New Mexico border.

The 5-2 vote by the TLLRWDCC came after last-minute legal maneuvering on Monday failed to delay the meeting when a federal judge threw the case out because he didn’t believe he had jurisdiction even though he expressed concerns about the issue brought before him involving the loss of comments because of an incorrect email address being posted in the Texas Register instructing citizens on how to and where to comment about the rules.  Even with that, more than 5,000 people commented on the plan, almost all in opposition to it.

The vote also came two days before Vermont’s incoming governor, Peter Shumlin, takes office. The Governor-elect has openly criticized the plan and had said he would replace the state’s two commissioners with members more in line with his views.  And we believe the commission was rushing to vote on the rules to ensure a majority.

WCS has stated that they are expecting some legal challenges to the commission’s decision, but is moving ahead with construction of the landfill. The first phase of construction should be completed by November. In early 2012, the second part of the site — where federal waste will be stored — will also be finished.

While the facility will now be able to accept waste from three dozen states, the TLLRWDCC guaranteed Vermont — which paid $25 million to have two members on the commission — 20 percent capacity in the landfill. Vermont has only one nuclear facility, but since it plans to phase it out in the next 30 to 40 years it sought to promise itself space for the waste that process would create.  And yes . . . this facility will accept waste from nuclear power plants—every thing but the spent fuel rods, not just the medical booties and gloves the mainstream media (as fed to them by WCS) always talked about in their stories.

TLLRWDCC Commissioner Bob Wilson has opposed the expansion plans and the rules for some time. He voted against the rules on Tuesday, but largely because he fears the commission is unprepared to deal with the enormity of the task once the 1,340-acre site begins accepting waste from other states. The commission is largely unfunded, getting $25,000 a year from Vermont and money from Texas only to cover meeting and travel costs.  It has no office—just a postal box in a building in Austin from what we can tell (yes we went by to see if there actually was someone in an office space to accept all those comments that came flooding in through the Christmas holiday)—and their one staff member’s last day was right after the new year.  Expanding the importation of waste will interfere with the site’s capacity and Wilson questioned whether it will be as profitable as is being predicted.

Public Citizen, is reviewing the past months events and will decide the next step later this week, but a lawsuit is possible.

We will let you know how things progress.

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 UPDATE:

Judge Sam Sparks of the US District Court for the Western District of Texas just dismissed the case to enjoin the Compact Commission meeting tomorrow, saying while he was concerned about the issue of citizen’s ability to participate fully, he did not have jurisdiction to enjoin the meeting, and threw the whole case out allowing the vote on the rule to go forward tomorrow.

So, the Compact Commission is still planning to meet in Andrews, Texas at 9 am tomorrow (Tuesday) morning at 9 AM, at the James Roberts Center located at 855 Hwy 176 East, Andrews, TX 79714 . . .  Please join us if you can!

UPDATE:

The Compact Commission is still planning to meet in Andrews, Texas at 9 am tomorrow (Tuesday) morning at 9 AM, at the James Roberts Center located at 855 Hwy 176 East, Andrews, TX 79714 . . .  Please join us if you can!

 

Legal Maneuvers Still Underway
The Commission could vote on the Import rule at this meeting. Passage would allow import of radioactive waste from all the states, and through a loophole, potentially the whole world. It would be disposed of through shallow burial at the Waste Control Specialists (WCS) site in Andrews County, Texas. The TCEQ does set license limits for the site, but the import rule sought by WCS and most members of the Compact Commission is a backhanded way to force license expansion.
Legal efforts by Public Citizen resulted in a Temporary Restraining Order for tomorrow’s meeting.  Now the AG is jumping in, although they should have nothing whatsoever to say about this, since they have made clear that they can’t represent the Commission, only individual members.
There is now a 3 pm hearing (today) with US District Judge Sam Sparks at the Federal Courthouse, 200 W. 8th Street in Austin.
Proceedings here could impact the Andrews meeting scheduled for tomorrow in Andrews, but we’re counting on the meeting still happening and heading out west after the hearing.

 UPDATE:

A hearing on the temporary restraining order (TRO) against the Texas Low-level Radioactive Waste Disposal Compact Commission’s (TLLRWDCC) hearing on their proposed rule to open Texas up to taking waste from states outside the current compact states of Texas and Vermont is scheduled for 3pm in Federal Court, Judge Sam Sparks presiding. The motion was filed by GNI Strategies.

No hearing has been set on the motion to dissolve TRO in state court.

ORIGINAL POST:

 

 
 
 

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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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UPDATE:  Hope you’ve been keeping an eye on this, but just needed to point out there have been major developments on this which make this post now completely false.  We don’t believe in just dumping things down the memory hole here, but do believe in making sure we get things right.  The updates are all posted here, so please keep your eyes on TexasVox for more updates on this.  Original story:

 

We’re still waiting for the final tally to come in, but it looks like through your efforts over 4,000 comments (probably closer to 5,000 or 6,000 with all of the other comments) were delivered into the Texas Low-Level Radioactive Waste Disposal Compact Commission, despite it being over the holidays.  We’ve been working furiously on this issue the past few weeks, and it’s paid off.

And now, a judge has ordered a halt to the upcoming meeting of the Compact Commission, putting the brakes on discussion of the importation rule.

Stay here for an update, but huge thanks to everyone who submitted a comment and worked so hard on this, especially our friends at CREDO Action who got so many of the comments in!!  Special thanks to Sierra Club for their hard work on this as well.

Let’s keep this crazy train rolling into 2011 and make our new year nuke-waste free.

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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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Concurrent with Public Citizen‘s release of its report – Drilling for Dollars: How Big Money Has a Big Influence at the Railroad Commission, which details how fundraising by incumbents increased 688 percent between 2000 and 2008 with the biggest driver of the increase donations from individuals associated with the fossil fuel industries – the same industries the commission is charged with regulating – The Texas Observer released an investigative report on the Railroad Commission detailing how decisions by the Railroad Commission have a significant effect on consumers’ monthly gas bills.

An in-depth study of 10 major rate cases to be released on Tuesday by the Atmos Cities Steering Committee, a coalition of North Texas municipalities, shows that the commission has sided with natural gas utilities over consumers and their own impartial hearing examiners in every single case since 1997.

The Observer’s review shows a clear pattern: The Texas Railroad Commission has repeatedly, over the past decade, found ways to boost the bottom line of gas companies to the detriment of Texans’ pocketbooks. The study compares the recommendations of the commission’s hearing examiners, impartial arbiters who often spends weeks reviewing evidence and taking testimony, to the final decision by the three elected commissioners.

Check out the Observer’s story by Forrest Wilder – Overrated: How the Texas Railroad Commission costs Texans millions on their natural gas bills.  Then read Andy Wilson’s blog about Public Citizen’s new report – Drilling for Dollars: How Big Money Has a Big Influence at the Railroad Commission

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If you haven’t already pre-registered to celebrate the holidays at the 3rd Annual Austin Green Holiday Party, do so now.  It is coming up soon and this year it is hosted by 10 great organizations.

Fiesta Gardens  (2100 Jesse E. Segovia St., Austin, TX 78702)
Thursday, December 16th, 2010 from 5:30pm-9:30pm

Registration:  Pre-Registration ONLY for this Event (No Cash Accepted at Door)

Network and learn about the hosting organizations and come together for a unified 2011.  Celebrate the holidays with us and enjoy music, great food, beer, wine and other beverages, as well as holiday cheer…

Live Music by: Austin Eco-Musicians (Reed Sternberg, Bill Oliver, Frank Meyer and More!) with Tribal Nation, the Austin reggae band later in the evening.

FoodBarr Mansion (Please help support our event sponsor and friend to the environmental community, the Barr Mansion.  They are catering this event, even as their own facility is being rebuilt after the fire.)

  • Blue Cheese and Winter Squash Sandwich
  • Chicken and Pepperoni Sandwich
  • Sundried Tomato White Bean Dip with Crostini
  • Basil Hummus and Cracker Shards
  • Local Organic Farm Salad Station with assorted dressings

Beverages: Beer, Wine, Sodas, Teas and water will be provided by the following sponsors:

The Co-Hosts: Texas Green NetworkPublic Citizen • SEED Coalition • Sierra ClubDesign Build Live • Austin EcoNetwork • Solar Austin • NetImpact • Texas League of Conservation Voters • Austin Physicians for Social Responsibility

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