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September 13th, 2018:

Judicial Q&A: Gordon Goodman

(Note: As I have done in past elections, I am running a series of Q&As for Democratic judicial candidates. This is intended to help introduce the candidates and their experiences to my readers. I am running these responses in the order that I receive them from the candidates. You can see other Q&As and further information about judicial candidates on my 2018 Judicial page.

Gordon Goodman

1. Who are you and what are you running for?

Gordon Goodman
Candidate for 1st Court of Appeals, Place 2

2. What kind of cases does this court hear?

The 1st Court of Appeals hears both civil and criminal appeals from trial courts in 10 counties of Southeast Texas including Harris County.

3. Why are you running for this particular bench?

Many appeals only reach the courts of appeals level so this is where a large number of important questions for our region and state are addressed.

4. What are your qualifications for this job?

Prior Professional experience

  • NRG Energy, Inc.

Director of Governance and Enterprise Risk Management

  • Occidental Petroleum Corporation

Vice President-Planning & Control, Occidental Energy Marketing
Member, Occidental’s Risk Management Committee

  • E.I. DuPont de Nemours & Co.

President, DuPont Power Marketing, Inc.
Senior Vice President, Conoco Global Power

  • Howell Corporation

President, Howell Power Systems, Inc.

Prior Board Memberships

  • College of Liberal Arts & Sciences, Univ. of Houston

Dean’s Advisory Board (Former Chairman and Member)

  • Houston Area Urban League

Board of Directors (Former Member and Chairman of the Audit Committee)

  • Jesse H. Jones School of Business at Texas Southern University

Advisory Council (Former Member)

  • Blaffer Gallery, Univ. of Houston

Advisory Board (Former Chairman and Member)

Prior Professional Advisory Panels

  • Energy Oversight Committee, formed by GARP and API To implement the Energy Risk Professional (ERP) Certificate Program
  • Valuation Resource Group, panel formed by FASB to advise on issues arising under FAS 157 (Fair Value Measurements)
  • The Energy Trading Working Group, an advisory panel formed by the Emerging Issues Task Force at FASB to advise on FAS 133 issues

Professional Associations

  • The American Petroleum Institute’s (API’s) Risk Control Committee (Founding Chairman and Former Member)
  • The American Petroleum Institute’s (API’s) General Committee on Finance (Former Member)
  • Texas State, Pennsylvania, and Energy Bar Associations (Member)
  • The Bachelier Finance Society (Member)

Education

  • University of Pennsylvania Law School, Philadelphia, PA (1974-1977): J.D.
  • University of Pennsylvania, Philadelphia, PA (1971-1974): Bachelor of Arts, Magna Cum Laude

5. Why is this race important?

The lack of diversity of opinion on the 1st and 14th Courts of Appeals is striking given the wonderful diversity that we see in this region of southeast Texas.  I am eager to provide a different point of view on the most important matters of the day and to insure that fairness and justice is available to all parties when they bring appeals to these courts.

6. Why should people vote for you in November?

In addition to my support for civil rights, voting rights, equal protection, and due process under the law, I also bring extensive knowledge and a deep understanding of finance, commerce, and the important business questions of our day and time.  By having this expertise on the 1st Court of Appeals, we can provide a useful forum for the largest and most significant commercial disputes that arise in southeast Texas.

Yes, Republicans really are worried about Ted Cruz

Their actions speak volumes.

Not Ted Cruz

With a string of polls showing GOP Sen. Ted Cruz’s lead slipping, Texas Lt. Gov. Dan Patrick showed up in Washington on July 25 to deliver an urgent plea to White House officials: Send President Donald Trump.

Patrick, who chaired Trump’s 2016 campaign in the state, made the case that a Trump visit was needed to boost turnout for Cruz and the rest of the Texas Republican ticket. The lieutenant governor soon got his wish: Trump announced on Twitter late last month that he was planning a blowout October rally for Cruz, his former GOP rival.

The previously unreported meeting comes as senior Republicans grow increasingly concerned about the senator’s prospects in the reliably red state, with some expressing fear that an underperformance could threaten GOP candidates running further down the ballot. Cruz’s Democratic opponent, Rep. Beto O’Rourke, has raised barrels of cash, closed the polling gap and emerged as a cause célèbre of liberals nationwide.

Trump’s rally is just the most public display of a Republican cavalry rushing to the senator’s aid. Cruz remains a favorite to win another term, and some senior GOP figures insist the concern is overblown. Yet the party — which has had a fraught relationship with the anti-establishment Texas senator over the years — is suddenly leaving little to chance. Behind the scenes, the White House, party leaders and a collection of conservative outside groups have begun plotting out a full-fledged effort to bolster Cruz.

Texas Sen. John Cornyn, who’s planning an October fundraiser for Cruz at Washington’s Capital Grille restaurant, said he had a simple directive to GOP givers.

“We’re not bluffing, this is real, and it is a serious threat,” Cornyn, the No. 2 Senate Republican, said in an interview. “If Ted does his job and we do ours, I think we’ll be fine. But if we have donors sitting on the sidelines thinking that, ‘Well, this isn’t all that serious,’ or ‘I don’t need to be concerned,’ then that’s a problem.”

What caught my eye in this story was the timing of Dan Patrick’s schlep to DC to beg for help. Here’s what the five most recent polls looked like as of that July 25 date:

Cruz +9, Cruz +5, Cruz +8, Cruz +6, Cruz + 6 – Average Cruz lead = 6.8

And the five polls since then:

Cruz +2, Cruz +6, Cruz +4, Cruz +4, Cruz +1 – Average Cruz lead = 3.4

So at the time that Danno made his pilgrimage, Cruz had a solid if unspectacular lead in the publicly available polls. Since then, he’s had a much narrower, albeit still consistent, lead. On the (I hope) reasonable assumption that Patrick is not clairvoyant, it makes one wonder what he and his cronies were seeing in the polls back then that made them so worried. I mean, it could just be an abundance of caution, though that’s wildly inconsistent with Texas Republicans’ public braggadocio about their own prowess and the supposed conservatism of the state’s electorate. Since when do Texas GOPers need help from the outside to win elections? Especially in a year where the national party has about a thousand endangered Congressional seats to protect, not to mention a non-trivial number of governors, and they’d much rather be spending money to oust Democratic Senators, asking for the spigot to be tapped in support of Ted Cruz sure seems like a lot.

Unless, of course, their own data at the time was sounding an alarm for them, not just for Cruz but for however many downballot Republicans that could get left exposed by a low tide for the junior Senator. And if that was the case for them then – and maybe it was and maybe it wasn’t, we just don’t know – then what is is saying now? Maybe the public data has caught up to where their own data was, and maybe things have shifted further. Again, we don’t know. That doesn’t stop us from speculating, as we wait for the next batch of poll results. My point here is simply to highlight that Republicans are aware of the political environment they’re in. It’s on us to prove they were right to be so concerned. Slate has more.

What’s a little toxic waste among friends?

No big deal, right?

On the plus side…

The criteria Texas uses to determine how much — and whether — to clean up abandoned industrial facilities, waste dumps and other polluted sites are so lax that they may allow residential homes to be built in areas that neighboring states wouldn’t even consider safe for factories or oil refineries.

That’s according to a report by the Texas Campaign for the Environment Fund set to be released on Tuesday that compares benchmarks for more than 80 different pollutants that Texas, Arkansas, Louisiana, New Mexico, Mississippi and Oklahoma use to determine whether a site is contaminated enough to warrant cleanup and how much pollution should be removed from the soil or water there before it can be re-developed.

The overarching conclusion of the report: Texas’ formulas are “substantially weaker” than those used by almost every nearby state, in part because it tolerates a greater risk of cancer. That means that some polluted Texas sites that would be eligible for cleanup in other states may not be eligible here — and if the state does decide to clean them up, it may not remove as much pollution as its neighbors.

While some neighboring states — namely Arkansas and Oklahoma — rely on federal criteria, Texas uses its own benchmarks. Overall, they are so weak that Texas allows “pollution concentrations on land designated for residential uses that Louisiana, Arkansas, Oklahoma, and Mississippi wouldn’t even restrict to industrial uses,” the report found.

For example, Texas’ cleanup rules say that the ground at residential properties should contain no more than 69 milligrams of the carcinogenic petrochemical benzene for every 1 kilogram of soil; Louisiana, meanwhile, only allows 3.1 milligrams of benzene per kilogram of soil — and that’s for sites intended for industrial use.

The report comes a year after heavy rains from Hurricane Harvey flooded many polluted sites in the Houston area, sparking concerns about contaminants leaching into homes and waterways. And statewide, rapid urban revitalization and population growth means many contaminated sites are being remediated and redeveloped for both commercial and residential use.

You can see that report here. This right here is the reason why uniform federal standards are needed for some things. I don’t know about you, but I would not want to find out some day that the house I bought in some spiffy new development in, say, 2019, turned out to be in the 21st century version of Love Canal. Maybe if we insist on keeping the feds at bay we could elect some state leaders who cared about this sort of thing? Just a suggestion.

Texas blog roundup for the week of September 10

The Texas Progressive Alliance observes that honesty is no longer a required attribute for Republican judicial nominees as it brings you this week’s roundup.

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