Port Arthur pollution fight shows how Texas blocks citizen protests

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Port Arthur pollution fight shows how Texas blocks citizen protests
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A local activist went before a judge, arguing for lower pollution limits on two new liquified natural gas facilities. The judge sided with him, but the state environmental agency sided with the companies.

John Beard, an environmental advocate who grew up in Port Arthur and worked in local refineries, on July 2, 2018., our daily newsletter that keeps readers up to speed on the most essential Texas news.

To prevent at least some of that pollution, Beard requested and received a hearing with a state administrative law judge. In his hearing, he argued the Texas Commission on Environmental Quality should set lower pollution limits at Port Arthur LNG. Beard won his case in May, but his victory was ignored by TCEQ during a September meeting. The agency said that increasing pollution controls would be too expensive for Sempra.

“It has a chilling effect,” Gaines said. “If you know that the agency doesn’t grant affected person status for recreation — because they regularly walk or kayak near a place — then people aren’t even going to raise those interests anymore because they know TCEQ won’t grant a hearing.”Beard first filed for a contested case hearing against Port Arthur LNG last year. Such hearings allow private citizens to make a case against permits issued by TCEQ that might have a direct impact on them.

The state judge who heard the case ruled in favor of Beard and recommended that Port Arthur LNG’s permits be redrawn to require the new emissions control technologies.to decide on the fate of the permit, Jon Neirmann, TCEQ’s executive director, said he disagreed with the judge’s decision and stood by the agency’s previous decision on what counted as the best available control technology.

TCEQ relies on a survey of technology used at facilities that are already operational — meaning that companies can use older, cheaper, and less effective technologies in their plants.

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