While it's true that some officials may be shocked to see the Texas Commission for Environmental Quality (TCEQ) come out in favor of the big polluters in their lawsuit against the city over its air quality ordinance, I don't think anyone who knows anything about the TCEQ can honestly claim it's a surprise.
The Texas Commission for Environmental Quality contends that the city ordinance requiring businesses to pay registration fees for various sources of air pollution is inconsistent with state law.The agency's general counsel, Les Trobman, made the assertion in an April 24 letter to the Harris County District Court judge weighing the Business Coalition for Clean Air Appeal Group's lawsuit against the city over the ordinance.
The position came as a surprise to city leaders, who said Friday that they have met several times with agency officials in recent months without mention of the ordinance in dispute.
"It's quite strange that the state's pollution control agency would meddle in the city's lawsuit on behalf of the polluters," said Kathy Patrick, an attorney with the Houston law firm Gibbs & Bruns, who is representing the city in the case. "It's a complete puzzlement."
In a statement, the TCEQ said the letter was sent to the court to provide information that already had been relayed to the city.
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In the letter to the judge, Trobman argued that "requiring a regulated entity to separately register a fee is inconsistent with state law." What's more, it's the role of the state Legislature to grant regulatory authority, making it the best place to resolve the dispute, he wrote.
If the Legislature is the most appropriate venue for the fight, said Elena Marks, the mayor's health policy director, the industry group should drop the lawsuit. "They can't have it both ways," she said.