The Chronicle‘s Jennifer Leahy reported last week that Mayor White’s 2007 air-quality ordinance revisions have come under legal fire:
A coalition of Houston plant operators filed a lawsuit Friday against the city of Houston, alleging an air quality ordinance adopted by the city last summer violates state law.
“We filed to get the court’s review because we believe the ordinance conflicts with state law, and we believe it’s very difficult for our members to have a patchwork of regulations to follow,” said Business Coalition for Clean Air Appeal Group spokeswoman Elizabeth Hendler.
Hendler noted that the group spent “several months” working with the city without success to find a compromise after the ordinance was adopted.
She said the Texas Commission on Environmental Quality, a state agency, has authority delegated by the U.S. Environmental Protection Agency to regulate air quality and previously regulated Houston facilities.
[snip]
The ordinance, described in the city code as an air pollution abatement program, states that a health officer will conduct air quality monitoring and evaluation and investigate complaints of violations of the Texas Clean Air Act.
Auto repair shops, gas stations, dry cleaning plants and used-car lots are also monitored and required to pay registration fees under the ordinance.
Fees range from $100 for a dry cleaning plant with fewer than six employees to $3,000 for a facility emitting more than 10 tons annually of airborne contaminants.
[snip]
Though the ordinance affects numerous small businesses, the BCCA Appeal Group is comprised of and funded by large chemical plant operators.
The BCCA Appeal Group was established in 2001 by members of the Business Coalition for Clean Air, an offshoot of the Greater Houston Partnership.
Expect Mayor White to defend his revenue stream vigorously!
It is interesting that he’ll be fighting an offshoot of the GHP, and that some sort of accommodation short of legal action wasn’t worked out behind the scenes.
