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Posts Tagged ‘Public Citizen’

Last week, the U.S. 5th Circuit Court of Appeals awarded a major victory to Public Citizen and Sierra Club in their long standing efforts to block the Sandy Creek coal plant near Waco when it ruled that developers improperly started construction without adequate clearance under the federal Clean Air Act.

The court overturned a district court ruling saying the developers of the Sandy Creek Power Plant should have been required to show that they would employ the “maximum achievable control technology” (MACT) to limit the emissions of mercury and other pollutants once the plant was up and running.

In 2006 the Texas Commission on Environmental Quality (TCEQ) issued the permit for Sandy Creek, relying on an Environmental Protection Agency (EPA)  ruling from the year before exempting coal- and oil-fired generating plants from the MACT standard.

In 2008, an appeals court struck down the EPA’s earlier ruling and, even though construction had already started on Sandy Creek, the Sierra Club and Public Citizen filed a lawsuit arguing that work could not go forward because the plant had not shown it could meet MACT standard.

The district court sided with Sandy Creek because it had commenced with construction, and that, at the time, the plant was in compliance with the rules in place.

The circuit court said in its ruling that because the EPA was wrong to exempt coal plants from the MACT standard, Sandy Creek cannot rely on that exemption to continue construction without a proper permit, and sent the case back to the district court.

Click here to see the 5th Circuit’s full ruling.

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Texans living around the Victoria region attended a town hall in September to express their concerns about the Texas Commission on Environmental Quality (TCEQ) on a number of different issues, including the proposed White Stallion coal plant in Bay City. On the panel were Sunset Commission Chairman Sen. Glenn Hegar, former TCEQ commissioner Larry Soward, the regional administrator of TCEQ for that area, and a lawyer with Blackburn & Carter who often take on environmental cases.

[vimeo=17100424]

This town hall was one of a series of events held to provide the people of Texas a way in which to voice their concerns to TCEQ. The official Sunset Commission hearing on TCEQ is scheduled for December 15th in Austin. For more video footage of these town halls check our archives and stay tuned to TexasVOX. For more information on the ongoing Sunset review of TCEQ check out Alliance for a Clean Texas.

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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 arePublic Citizen Texas.

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As the Tom Delay trial got underway, the State’s first two witnesses were Craig McDonald, a former Public Citizen Texas director and now the executive director for Texans for Public Justice, and Austin attorney Fred Lewis, both of whom the defense characterized as being from the left end of the political spectrum which they attempted to capitalize upon.  Twice the defense moved for a mistrial, claiming there was an effort by prosecutors to push political opinions on the jury.  Both motions were ignored by Judge Priest.

Craig McDonald said he focused solely on campaign donations while with Public Citizen and that there were discrepancies between what Texas Republican Majority PAC (TRMPAC) reported to the Texas Ethics Commission in terms of its income and what Republican National State Election Committee (RNSEC) reported to the IRS.

The defense, in examining McDonald, reviewed 60 candidate names on Public Citizen’s website — only one of which was a Democrat (gubernatorial candidate, Bill White, and that was from a blog on yours truly, Texas Vox, which showed up on the site through an RSS feed).  DeLay, however, was mentioned 100 or more times on the site. But McDonald maintained political neutrality in his testimony, noting that DeLay’s appearance on the website did not mean he was the only subject of Public Citizen’s research. (more…)

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Jon Stewart explains what the Rally to Restore Sanity is about in his speech at the rally in DC.

I can’t control what people think this was. I can only tell you my intentions. This was not a rally to ridicule people of faith. Or people of activism or to look down our noses at the heartland or passionate argument or to suggest that times are not difficult and that we have nothing to fear. They are and we do. But we live now in hard times, not end times. And we can have animus and not be enemies.

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Come join us tomorrow, Saturday morning, for a satellite rally of John Stewart’s “Rally to Restore Sanity” which is happening in Washington D.C. The festivities start at 11am and go till 2pm (a march against the death penalty starts at 3). (more…)

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The No Coal Coalition brings their mascot, Pancho the Donkey, to the TCEQ hearing, but he is turned away. Photo by Susan Dancer

On Thursday, the TCEQ (Texas Commission of Environmental Quality) held a public meeting for the White Stallion Energy Center at the Bay City Civic Center to hear feedback on the plant’s application for a wastewater permit. (more…)

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Cross-posted from our mother blog at CitizenVox. We don’t normally cross-post much because we’d prefer you to read their blog just as much as ours, but if you’re not, please add them to your rss feed now!

Of the $176.1 million spent by outside groups using large, often undisclosed contributions to influence the current elections, just 10 groups are responsible for the bulk of the spending, according to a new analysis released today by Public Citizen.

What’s more, 59.9 percent of the money comes from undisclosed sources. Of those contributions that have been disclosed, nearly two-thirds has come from just 0.12 percent of the contributors. The analysis of data from Public Citizen’s Stealth PACs database shows that:

  • Those groups have spent $176.1 million. Of that, $114.6 million, or 65 percent, was spent by only 10 groups.
  • From the 10 groups, money spent on behalf of Republicans has outpaced money spent on behalf of Democrats $79.4 million to $28.5 million.
  • Five groups have spent money on more than 35 races each. Eleven groups have spent money on more than 20 races each.
  • Eighty groups have not disclosed any information about the sources of their money. These groups have spent $105.4 million of the $176.1 million total. Only $70.7 million of the spending – just 40.1 percent – has come from disclosed sources.
  • Thirty groups have entered the fray for the first time in 2010 in the past two weeks.

“Outside group funding is shaking the foundations of our electoral democracy, but the situation is far worse than it seems at first blush,” said Robert Weissman, president of Public Citizen. “A tiny number of organizations, relying on a tiny number of corporate and fat cat contributors, are spending most of the money on the vicious attack ads dominating the airwaves. The vast majority of donors remain hidden behind a veil of secrecy, in many cases of doubtful legality. The biggest surge in funding will come in the next week. And this election cycle’s spending is merely a prelude to something far worse in 2012. The trigger for all this was the Supreme Court’s decision in Citizens United; the key to repairing our democracy is a constitutional amendment to undo the decision.”

The analysis includes charts identifying the groups spending the most to influence this year’s elections, the groups engaged in the most contests, the races that have been the subject of the most outside spending and the contests focused on by the independent groups that have sprung up in the past two weeks.

The Stealth PACs site allows users to search the expenditures and limited contribution data of independent groups that are intervening in this year’s elections using contributions of more than $5,000 or undisclosed contributions.

The site also enumerates the outside groups’ expenditures on each race, discloses the vendors and other recipients of expenditures of $1,000 or more, and provides links to the FEC filings on expenditure data.

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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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Howdy folks.  We’re doing a press conference at 2pm with the League of Women Voters in Houston at the Moody Park Community Center (3725 Fulton, Houston, TX), one of the early voting locations with the most complaints of voter intimidation.  These activities must stop, and this highlights how Houston is ground zero for the creep of illegal, corporate money into our elections.  Here’s an early taste of our press statement we are making.  We hope to have some video available later this afternoon, possibly also video of other early voting activities.

I early voted on Friday at Buda City Hall, standing in a line that snaked around City Hall for 40 minutes.  Have you voted yet?  Get out!  Do it now!

Here’s our press release:

October 25, 2010

don't let voter intimidation sway the election

 

 

 

 

Last week as early voting for the Nov. 2 General Election got under way, there were complaints of poll watchers interfering with or intimidating voters and other potential election violations in Harris and Bexar Counties.  Our organizations–LWV-Texas, Public Citizen, and Common Cause–condemn any and all attempts to sway this election by controlling who gets to vote.

The right to vote is sacred. People have died for this right, both in our nation’s past and even in our recent history.   Registered citizens should never be turned away from being able to vote.  Our greatest patriots, such as Washington and Lincoln, waged war to insure that taxation without representation did not occur and to protect the notion of government for, of, and by the people. It was a Texan, Lyndon Baines Johnson, who pushed through Congress and then signed the Voting Rights Act which protects the rights of all citizens to register and to vote.

We want to encourage everyone, in Harris County, Bexar County, and across the state, to come out and vote, regardless of ideology, gender, race, income, whether your community is urban, suburban, or rural, and whether your preferred party is Democratic, Republican, Libertarian, Green, or Tea.  Do not let tales of intimidation frighten you away.  Instead, let these concerns be a call to action and a reminder of the importance of every citizen’s right to participate.
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The new Nissan LEAF, or (Leading Environmentally-friendly Affordable Family car), will be availible in the U.S. in 2011.

In the coming weeks you might notice a sleek, new Nissan LEAF or Chevy Volt cruising past you on the road. Many of the major car companies are introducing electric, plug-in vehicles (EVs) designed for the American family market. They range in cost from about $20,000-$45,000 and are small and practical. Not all EVs run completely from electricity, some are hybrids with electric-assisted engines, like a Toyota Prius. Others, like the Volt, are propelled exclusively by electricity, but include batteries and generators. These differences affect the amount of carbon emissions your car produces. All-electric vehicles, like the LEAF, have the potential to emit no carbon at all, from their own engines, or at the power plant where your electricity is generated. As Austinites, we can choose the green energy option from Austin Energy, in which 100% of the electricity we buy is generated from renewables.

Gas may still be necessary to run your EV, depending how it’s engine uses electricity, but the new EVs are becoming quite efficient at using minimal fuel. It’s important to consider that the majority of Austin’s air pollution comes from vehicles. Purchasing any EV is a step you can take to make a positive impact on our environment.

EVs can also make a positive impact on your wallet. An EV averages 100 miles per charge cycle in the city. Comparatively, this costs about $1 or less/gallon in terms of the gas you would have used in a conventional vehicle. As efficiency improves, these costs will also fall, while gas prices are always volatile. If you’re interested, please contact your dealership about buying an EV; they will be fully available in 2011.

What else do you need to know after purchasing an EV? Concerned consumers have contacted the Public Citizen office worried about potentially expensive charging stations. An EV powers up at a charging station that’s a higher voltage than your normal wall plug. It looks something like the plug for an electric washer/dryer. This unexpected expense can naturally cause worries right after purchasing a new car, but Austin Energy has a program to encourage consumers to buy EVs.

All you need to do is contact Austin Energy and let them know you’ve ordered an EV. They will come and provide assistance and incentives to install a charging station in your house. For more information about Austin’s Energy’s charging station incentive program please contact Larry Alford at larry.alford@austinenergy.com.

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By promoting cleaner energy, cleaner government, cleaner cars, 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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The Administrative Law Judges (The Judges) who heard the case against the proposed Tenaska Coal Fired Power plant ruled Friday that Tenaska’s air permit should not be granted as it stands!

“The Administrative Law Judges (ALJs) have concluded, based on their review of the evidence and applicable law, that Tenaska failed to meet its burden of proof to demonstrate that the emissions limits proposed in its Draft Permit will meet the requirements for Best Available Control Technology (BACT) and Maximum Achievable Control Technology (MACT).  The ALJs recommend that the Commission adopt more stringent emissions limits as indicated below.  Alternatively, the ALJs recommend that the Commission deny the Application or remand the matter for further evidence regarding BACT and MACT.”

While we all know there is no such thing as “clean coal” Tenaska claims that they would be one of the cleanest around, yet the judges recommended lower limits for almost every pollutant that Tenaska would emit.

The proposed Tenaska coal plant, if built, would be a 900 MW coal plant that would emit:

Citizens pack a town hall in Abilene - the majority are against the proposed plant.

Sulfur Dioxide: 2,183 tons/year; Nitrogen Oxide (forms Ozone):1,819 tons/year;Particulate Matter:1,092 tons/year;Mercury: 124 lbs/year.

We commend the Judges for following the law and working to make sure the Clean Air Act is followed.  The important thing to remember, folks, is that this is a “recommendation” to the Texas Commission on Environmental Quality (TCEQ), not a binding ruling.  So when the TCEQ commissioners make the decision on the Tenaska air permit they will have the opportunity to do the right thing for the health of Texans and deny the air permit!

We don’t need another coal plant in Texas.  Instead we should be investing in renewable energy technology like wind and solar which Texas is so ripe for!

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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 arePublic Citizen Texas.

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Today the Texas Commission on Environmental Quality (TCEQ) continued their decades-long campaign of ineptitude and inadequacy as they approved the air quality permit for the White Stallion Coal Plant proposed for Matagorda County on the Texas Gulf Coast. Their ruling was unanimous despite the fact that the administrative law judges, who spent weeks presiding over and then deliberating the aspects of this case, recommended that this permit should not be issued. On top of that the TCEQ’s own staff at the Office of Public Interest Council (or OPIC) reiterated their position that this permit should be denied.

"Clean coal" is about as realistic and honest as this image.

It seems simple things like common sense and logic are completely absent from the regulatory fantasy world the TCEQ commissioners live in. It is their opinion that the thousands of tons of toxic pollution they have permitted this coal plant to emit are “acceptable,” even though they are likely to lead to the deaths of over 600 Matagorda County residents over the plant’s estimated lifetime, at a price tag of over $5.4 billion in health care costs (according to a report from MSB Energy Associates). Also “acceptable” to these TCEQ commissioners is an air monitor White Stallion used for their air modeling report (a vital part of the air permitting process), despite the fact that it is located outside of Corpus Christi, 100 miles downwind of the proposed site. They may as well have used a monitor in China, as the emissions from White Stallion would likely never head in that direction.

TCEQ commissioners have also completely ignored the fact that the EPA has set new standards for National Ambient Air Quality Standards (NAAQS) and they are not requiring White Stallion to adhere to them, despite the fact that this plant would be on the doorstep of the existing Houston non-attainment region. In fact, once the new EPA ozone standards come into effect, Matagorda County is slated to be included in the Houston non-attainment region. By that time, however, thanks to the expedient and enthusiastic permitting approval by the TCEQ, White Stallion will be “grandfathered” and its effects on a non-attainment region will stand.

The most egregious assault on common sense and logic, however, is this plant is completely unnecessary and dangerous to all of Texas, and in fact the entire world. At a time when we need to be shifting our infrastructure and development to renewable and sustainable forms of energy generation, a CO2 and toxin-belching coal plant is the last thing we should be permitting in Texas. This plant represents not only an assault on the health of Matagorda County citizens, but a furthering of reliance upon these dirty, old methods of power generation. We have the technology now to be shifting to responsibly generated electricity. To fail in this is not just a failure by the TCEQ towards the people of Matagorda, but the failure of the state of Texas to lead this country in the direction we desperately need to go.

In the end, however, we can all take heart in the fact that the ultimate decision on whether this plant gets built or not is not only in the hands of the TCEQ.  That power lies in the hands of the people – both those who are opposing the project and those attempting to build it. This plant still requires a waste water permit from TCEQ, a water contract from LCRA, and another permit from the Army Corps of Engineers before it can operate. It is also expected that this decision from the TCEQ will be challenged at the state courts. Ultimately, as long as the people of Matagorda continue to say “NO” to this plant, and as more and more people rally to help them in their cause, this plant will be defeated.

Go to NoCoalCoalition.org for more information and to get involved in the fight against White Stallion.

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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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Tar sands oil makes conventional oil look clean by comparison, as it produces 3.2-4.5 times more the carbon footprint than conventional fuel. If that weren’t bad enough cleaner fuels such as natural gas, which otherwise might be used to generate electricity, are wasted in the process of creating more dirty energy from tar sands. Tar sands oil is a type of bitumen deposited in a semi solid form whose extraction is an extremely energy intensive project. For every third barrel of oil extracted one has effectively been consumed by the process. The process of tar sands oil extraction has left vast tracts of land barren with little vegetation as it is strip mined; while only 10%, of what is excavated, is oil. While some water is recyclable, the remaining toxic water is diverted to the euphemistically named “tailing ponds”. There are 2.5-4 barrels of water dumped into these toxic lakes for every barrel of oil extracted. These toxic “ponds” are actually very large; some are even visible from space.

Needless to say these pools are quite harmful to surrounding ecosystems as well as ground water supplies. The land left behind from tar sands extraction is a barren wasteland lacking vegetation and dotted with these toxic waste pools. Not only is the devastation comprehensive, it is widespread. Tar sands extraction in Alberta, Canada is set to affect an area the size of Florida.

Pipelines bringing this dirty oil to the United States have already been built, but TransCanada, an extractor of tar sands oil, has proposed to expand the pipeline system. Part of the proposed expansion will link to a current pipeline in Oklahoma and extend it into East Texas and the Houston Bay Area so that it might be refined there. These refineries will require expensive additions to handle this heavy crude. The planned route crosses through Texas and Oklahoma over rivers, through national forests, and across private land. Landowners have been threatened with eminent domain if they do not comply with Keystone’s demands. Keystone XL clearly places finance over environmental safety as they applied for (then temporarily withdrew) an application for exemptions to the rules that would allow them to make the pipe thinner in rural areas and yet pump at above currently permissible levels. However, they may reapply for this “special permit” later as they seek lower costs at the expense of the public. We cannot allow this to happen. The social costs of tar sands oil production is far too high and the benefits far too small. The expansion of this extremely dirty energy undermines what progress has been made in cleaning America’s energy consumption. While we should be cultivating clean energy production, the dirtiest energy production is being expanded.

Keystone XL needs a presidential permit to build this international pipeline. This is a point of vulnerability. Throughout the summer Public Citizen has been organizing individuals and groups to attend various meetings, hearings, and conferences. The U.S. State Department has held public hearings on its Draft EIS and we have urged others to take the opportunity to raise their voice.

Our efforts at getting such groups together continue as we move further down the proposed pipeline into the Houston area, reactivating allies and making new ones as we work together to stop a pipeline that is proposed to travel near sensitive areas such as the Big Thicket National Preserve. This pipeline only adds to Texas’ clean air problems and by stopping it in Texas we can change the momentum on a rapidly growing dirty industry. Future infrastructure development should be dedicated to renewable, clean energy – not dirtier energy than what we already have.

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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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In Winter of 2008 a coal ash slurry pond in Tennessee broke its damn, contaminating miles of downstream waterways and people’s homes with deadly carcinogens and other toxic substances. At the time it was called the worst environmental disaster since the Exxon Valdez and brought  a wake up call to the EPA that this waste product was entirely under-regulated. EPA now stands poised to set new regulations on coal ash waste, but the coal industry is lobbying strenuously against it, advocating for a much weaker standard that will do little to change the status quo.

The Environmental Integrity Project (EIP) has just released a report called In Harm’s Way which takes a look at groundwater contamination surrounding coal ash waste sites throughout the country. The report showed that contaminants at 39 coal-waste sites across 21 states have leached into the groundwater. Many coal ash sites did not have enough data available to show any meaningful results, particularly here in Texas, but the Fayette coal plant (which Austin is a partial owner in) showed considerable contamination beneath their site. Adam Engelman, Environmental Analyst with EIP, stated that:

At every one of the coal ash dump sites equipped with groundwater monitoring wells — concentrations of heavy metals such as arsenic or lead exceed federal health-based standards for drinking water, with concentrations at LCRA’s Fayette Power Project reaching as high as 4 times the state standard for selenium and twice the state standard for arsenic.

The report shows that coal ash itself is a disaster simply by existing, regardless of catastrophic events like what happened in Tennessee almost two years ago. EPA must not give into industry lobbyists and pass weak regulations that will fail public health and the environment. Visit Sierra Club’s Coal Ash website for information on an EPA hearing near you, and to sign up to speak at the hearings. If you cannot make the hearings you can also submit online comments here – be sure to ask EPA to adopt the strictest regulations possible.

In order to make a profit, coal companies rely on making the public pay for the damage they cause. We should no longer have to bear the cost of their mistakes and irresponsibility.

You can see the EIP report here and you can see the press conference that was held Thursday in Austin here:

Press Conference, Sponsored by Berman, Leo – Sierra Club on Coal Combustion Waste

or by going to the Texas House of Representatives video archive and clicking on the link dated 8/26/10 with the same title.

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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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The EPA is holding hearings on newly proposed coal ash regulations throughout the country. One of the few places they’ve decided to hold a hearing is Dallas. Coal ash waste facilities have never been properly regulated, despite the fact that coal ash is full of toxic pollutants and carcinogens. This is due primarily to the fact that the coal lobby wants to profit off of their waste by selling it to other industries for use in manufacturing products ranging from concrete to fertilizer.

Texas has 17 coal plants, all of which produce massive amounts of toxic coal ash waste that get stored either in slurry ponds (coal ash mixed with water) or in landfills.

Check out more info and find out how you can encourage the EPA to regulate this waste properly by visiting Sierra Club’s action page.

For some background info on the coal ash waste disaster in Tennessee go here.

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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 arePublic Citizen Texas.

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Check out our final vlog on our visit to Las Vegas and Netroots Nation!

[youtube=http://www.youtube.com/watch?v=UxH4TNl6NV4]

[vimeo 13744992]

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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 arePublic Citizen Texas.

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