HOUSTON - A Harris County Judge Friday requested additional information after a hearing on the authority of Harris County Attorney Vince Ryan to sue local companies that violate state pollution laws based on a blanket resolution from Commissioners Court.
The hearing before Judge Beau Miller in the 190th Civil District Court revolved around a motion by the Texas Attorney General to stop Ryan from suing ExxonMobil over a recent fire at its Baytown facility.
County Attorney Ryan filed the suit on Aug 1, one day after the explosion and fire at an ExxonMobil plant in Baytown injured 37 people. In April Commissioners Court granted Ryan authority to file pollution suits when incidents occurred without having to first ask for permission from Commissioners Court. Commissioners Court passed the resolution following multiple chemical fires in Harris County in early 2019 including the ITC Deer Park and the KMCO Crosby explosions.
The Attorney General contends each lawsuit against companies causing air and water pollution requires a separate authorization after the event occurs. The AG seeks to have the County Attorney’s lawsuit dismissed in favor of a state suit filed in Travis County after Ryan sued ExxonMobil in Harris County.
“We strongly believe that the law is on our side—that the Harris County Attorney has the right to file suit,” said Harris County Attorney Ryan. “It is imperative that we keep issues like this in local courts for local juries to decide.”
Judge Miller asked the County Attorney, the Attorney General and ExxonMobil to provide further briefs to him. He said he expected to make a ruling before Jan. 31.
Representatives of environmental interest group Texas Environmental Justice Advocacy Services (TEJAS) attended the hearing. “The State is not representing the people of the County,” said TEJAS director Juan Parras. “The County Attorney’s Office is being protective of county health and wants these companies to pay the maximum fines.”
“We are happy our County is representing the people,” said Yvette Arellano, Policy and Research Director for TEJAS.
County Attorney Ryan, Special Assistant County Attorney Rock Owens, Managing Attorney Sarah Utley, and Eric Farrar of Olson and Olson, LLP appeared at the late afternoon hearing on behalf of Harris County. The State of Texas was represented by Assistant Attorney Generals Katie Hobson and Jake Brown.
“The statutes do not create a special timeline for when a resolution will be made,” said Owens. “Commissioners Court exercised their authority ahead of time.”
Judge Miller expressed concerns that decisions about Harris County were being made in Austin without Harris County people. He pointed out the vagueness of the statute, and also questioned whether or not intervention on behalf of Harris County was possible in the cases in Travis County.
Judge Miller requested additional briefing from both parties as well as ExxonMobil, with a ruling expected on Jan. 31.
“The questions put to the State made it clear that the County's demand for a seat at the table had been heard.” Owens said.