Analyze

The Sunset Advisory Commission is tasked with evaluating the efficiency of over 130 Texas state agencies. A November 2022 news article points out that the group has not reviewed TCEQ's operations for over a decade (Douglas & Martinez 2022). The article also summarizes the Sunset Advisory's recommendations to improve regulation of polluting industries in Texas: 

• suspending a company's compliance history after major accidents (complicating approval of future permits)
• increasing of non-compliance penalties from $25,000 per day to $40,000 per day
• increasing the notice for public hearings and possbility to submit comments up to 36 hours after the hearing

Read more in the Sunset Advisory Commissions 2022–23 staff report.

"TCEQ regulates air, water and land pollution and had a $429 million budget in 2021; it oversees more than 250,000 permits ranging from small-scale landscape irrigation to major petrochemical plants." (Douglas & Martinez 2022).

"TCEQ Commissioner Jon Niermann said the agency’s permitting decisions could not be racist because the TCEQ does not choose the location of industrial facilities." (Douglas & Martinez 2022)

“...Toxic Wastes and Race at Twenty (Bullard et al., 2007) revealed that communities of colour and poor communities were still being used as dumping grounds for all kinds of toxic contaminants. The authors discovered evidence that the clustering of environmental hazards, in addition to single sources of pollution, presented significant threats to communities of colour. Furthermore, the research showed that polluting industries frequently singled out communities of colour in siting decisions, countering the “minority move-in hypothesis”: the claim that people of colour voluntarily move into contaminated communities rather than being targeted in situ by dirty industries.” (122)

“Bullard (1990) has highlighted the problem of “Black Love Canals” throughout the United States, where issues of environmental injustice are deeply connected with environ- mental racism. For example, Bullard highlights the case of toxic DDT water contamination in the African American community of Triana, Alabama. In 1978, in the midst of the national media attention focused on Love Canal, residents in Triana raised complaints over ill-health effects and contaminated fish and waterfowl. Lawsuits in Triana against the Olin Corporation continued throughout the 1980s. Although the case is noted within environ- mental justice histories (see Taylor, 2014), it is not widely recognized or commemorated.” (126)

“Underpinning the slow, structural violence (see Galtung, 1969; Davies, 2019) of unequal and unjust toxic exposures is the problem of “expendability” … Pellow (2018) proposes that indispensability is a key pillar of critical environmental justice studies (alongside intersectionality, scale, and state power). This idea builds on the work of critical race and ethnic studies scholar John Marquez (2014) on “racial expendability” to argue that, within a white-dominated society, people of colour are typically viewed as expendable.” (127)

“National and international media headlines followed the Flint water crisis story as it unfolded, but, after the initial shock, Flint faded from media attention. It shifted from being a spectacular disaster to a case of slow violence. This paral- lels the dynamics of public memory surrounding many toxic disasters, struggles, and legacies.” (128)

The author’s main argument is two-fold. Acute environmental disasters (e.g., Chernobyl, BP Horizon Spill, Hurricane Katrina) that garnered public attention leave behind legacies of increased support for environmental action and legislation, although the public attention span is often too short for lasting change. At the same time, these disasters have received a disproportionate amount of public attention compared to the many more slow-moving toxicity disasters that affect people in more systematic but often less visible ways. Examples of this disparity include the contrast between the 1984 Bhopal disaster coverage, and the persistent toxicity in the area in the time since then in the form of industrial waste and infrastructure that is not maintained. It is additionally important to note that the cases that don’t receive much attention often affect marginalized groups (by race, socioeconomics) disproportionately.