HOUSTON — Harris County Attorney Christian D. Menefee and a coalition of Houston-area community groups are suing the Texas Commission on Environmental Quality.
A press release states that TCEQ failed to require that existing concrete batch plants immediately comply with the agency’s new standard permit, instead of giving those facilities a grace period of up to 10 years.
Menefee previously praised the permit changes—including setback increases, yearly production limits, dust emission controls, and stockpile limits—as measures that could reduce emissions and positively impact the health of local neighborhoods.
However, the changes will likely not have a meaningful impact if the more than 1,200 active concrete plants in Texas, 105 of which are in Harris County, avail themselves of the grace period.
“While this updated permit is a step in the right direction, it allows for hundreds of concrete batch plants across Texas, many of which are in Harris County, to operate under standards that we know are outdated and potentially unsafe,” said Menefee. We asked that the TCEQ consider this when it issued their new permit, and are taking action since they failed to do so.
“Our communities cannot wait any longer to have the protection they deserve. Since we know that the old permit isn’t protective of people’s health, we should be making sure these facilities are complying with the new permit as soon as possible.”
The press release states that the facilities often operate in underrepresented communities and with limited resources. Harris County has worked with Lone Star Legal Aid to ensure these communities have a voice in this process.
“Lone Star Legal Aid is proud to partner with the County Attorney on this important issue for many communities of color and low-income communities in Harris County on behalf of its represented group clients who filed the lawsuit,” said Amy Dinn, litigation director of the Environmental Justice Team at Lone Star Legal Aid. “For many years, Super Neighborhood 48 Trinity/ Houston Gardens, Dyersforest Heights Civic Club, and Progressive Fifth Ward Community Association have been engaging TCEQ regarding the inequities around the issuance of its standard permit in their communities.
“This latest filing is another opportunity for TCEQ to make this permit more protective of these neighborhoods,”
The suit comes less than a month after the TCEQ strengthened its concrete batch plant standard permit in response to a previous lawsuit and Title VI complaint filed by the county.