Name: Texas Railroad Commission accused of violating state open meetings rules
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Texas Railroad Commission accused of violating state open meetings rules

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&nbsp;A government watchdog group and two Texas landowners sued the Railroad Commission of Texas in state District Court this week, arguing the agency illegally suspended state rules that protect public health and the environment, using the coronavirus pandemic as cover.During a hearing in early May, the state agency, which regulates oil and gas and pipeline operations, unanimously relaxed various fees, including ones that help hire inspectors and plug abandoned wells; gave operators more leeway in cleaning up dirty oil and gas pits in ways that could lower administrative fees for lawbreakers; suspended automatic hearings for some oil and gas operations; and expanded the sorts of underground material in which operators could store crude oil.At the time, Railroad Commission chairman Wayne Christian said the rule-loosening proposals came from a "blue-ribbon commission" put together by Christian in April to suggest ideas to help the oil industry recover amid the pandemic. The panel is made up of oil and gas and pipeline executives and trade association leaders.Christian said loosening the rules would provide "regulatory relief to large and small operators."The American-Statesman has filed an open records request related to the commission and its communications with Christian.Environmentalists said at the time that the moves could endanger public health, including leading to underground water contamination.The lawsuit, filed Wednesday, alleges the Railroad Commission’s notice of the meeting was inadequate and did not allow the public an opportunity to understand the proposed rule changes, as required by state law.Item No. 189 on the posted May 5 agenda called for "consideration of issues and possible action related to the COVID-19 pandemic including but not limited to (1) potential waiver or suspension of applicable statutes, rules, final orders, or other regulatory requirements; and (2) analysis of potential relief or other economic development initiatives."Public Citizen’s lawsuit seeks to reverse the suspensions of the rules and law, repost the proposed action, solicit and accept public comments, and hold public hearings on the impact of these changes."We find it shameful they have taken advantage of the COVID-19 crisis to try to get an opportunity to avoid environmental restrictions," Jennifer Riggs, an attorney representing Public Citizen, said Thursday.‘Proxy for fringe extremists’But attorney Bill Aleshire, an Austin open-government lawyer not involved in the case but who reviewed the lawsuit at the request of the Statesman, was dubious of Public Citizen’s likelihood of success. He predicted courts would ultimately consider the agenda language broad enough to cover the agency’s actions."From a public policy standpoint (the Railroad Commission decision) stinks, from an environmental standpoint it stinks, and it stinks to have them take advantage of COVID-19," said Aleshire, but, "the open meetings claim is not likely to prevail."Spokesman R.J. DeSilva told the Statesman that while the agency doesn’t speak directly on pending litigation, all actions taken on the May 5 agenda were in compliance with state open meetings rules, as well as federal law and the commission’s own rules."These legal, emergency actions protect the Texas Miracle while ensuring the environment is protected," Christian said in an emailed response to the lawsuit. "This complaint is no more than a proxy for fringe extremists to advance their goal of eliminating the domestic production of fossil fuels."‘Handouts to polluters’Molly Rooke, one of the plaintiffs, is an owner of an old family ranch near Refugio in coastal Texas and says she has long tried to get the commission to cap and fully remediate the area around a blown-out oil well on her property."If I had known they were going to suspend their rules," she said Thursday, "I definitely would have gone to the May 5 meeting to speak."(The commission meeting May 5 was held virtually.)"Why is giving handouts to polluters a priority during a pandemic?" said Adrian Shelley, director of Public Citizen’s Texas office. "While Texans are preoccupied with COVID-19, the Railroad Commission waived rules for oil and gas drillers.Low demand for oil and gas has some experts predicting bankruptcies. This is the wrong time to waive requirements to clean up waste pits and inactive wells. If companies are let off the hook and don’t clean up their messes, taxpayers will."

&nbsp;A government watchdog group and two Texas landowners sued the Railroad Commission of Texas in state District Court this week, arguing the agency illegally suspended state rules that protect public health and the environment, using the coronavirus pandemic as cover.During a hearing in early May, the state agency, which regulates oil and gas and pipeline operations, unanimously relaxed various fees, including ones that help hire inspectors and plug abandoned wells; gave operators more leeway in cleaning up dirty oil and gas pits in ways that could lower administrative fees for...

Texas Railroad Commission accused of violating state open meetings rules

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