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EDITORIAL: Helpless in Austin: Texas Legislature's failure to address air pollution should spur local enforcement efforts.
[June 10, 2007]

EDITORIAL: Helpless in Austin: Texas Legislature's failure to address air pollution should spur local enforcement efforts.


(Houston Chronicle (KRT) Via Thomson Dialog NewsEdge) Jun. 10--Those waiting for state lawmakers to strengthen enforcement standards for air toxics produced by industry will have to bide their time. Although bills were introduced to pursue that goal, the recently concluded 80th Legislature in Austin produced little of substance.

It could have been worse. A bill to prevent cities from using nuisance laws against polluters outside their borders failed to pass muster, leaving Houston free to use that strategy. Programs to reduce auto emissions received additional state funding.

On the minus side, lawmakers refused to put the brakes on a new generation of coal-fired power plants with increased emissions that fly in the face of heightened public concerns about global warming. A bill by state Sen. Rodney Ellis, D-Houston, calling for Texas to adopt California's standards for reducing vehicle emissions failed to earn majority support.


More than two years have passed since the Chronicle's groundbreaking investigation of toxic air pollution in communities in eastern Harris County revealed the weakness of state pollution standards, inadequate enforcement and the threat posed to health. Yet under the spell of industry lobbyists, the state legislative leadership continues to ignore a growing consensus of business and environmental groups that cleaning up the air is vital to both public health and economic growth. While the Texas House Clean Air Caucus grew to 62 members this session, it does not yet have the clout to overcome procedural barriers that killed so many good bills.

Austin's paralysis when it comes to enforcing clean air standards prompted Houston Mayor Bill White to propose legal strategies to allow local government a stronger role in targeting the worst polluters and cleaning up the city's toxic air zones. After the mayors of several cities where some of the offending industries are located expressed opposition, officials have engaged in discussions to formulate a regional approach.

The Greater Houston Partnership, an alliance of business groups here, in recent years has given much more active support to efforts to reduce air pollution. It favors voluntary cooperation by industry and state action to strengthen air toxic enforcement.

If the Partnership can get polluting plants to lower their toxic emissions, so much the better. However, state regulators have shown little willingness to exact significant penalties from polluters. Without effective state enforcement, Mayor White has little choice: He can either accept the poisonous status quo or bring legal action against the sources of toxic substances in the air.

Houstonians are not willing to breathe bad air indefinitely. The latest legislative failure to deal with the issue should go a long way toward convincing business and civic leaders that a more aggressive local stance is necessary. If the state continues to drag its feet, it will be up to county and municipal government to effectively champion the cause of clean air.

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Copyright (c) 2007, Houston Chronicle
Distributed by McClatchy-Tribune Information Services.
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