Texas — along with 24 other states — has filed lawsuits against a recent set of soot pollution standards from the EPA. Photo via Pixabay/Pexels

A new Biden administration rule that sets tougher standards for deadly soot pollution faced a barrage of legal challenges Wednesday, as 25 Republican-led states — including Texas — and a host of business groups filed lawsuits seeking to block the rule in court.

Twenty-four states, led by attorneys general from Kentucky and West Virginia, filed a joint challenge stating that new Environmental Protection Agency rule would raise costs for manufacturers, utilities and families and could block new manufacturing plants and infrastructure such as roads and bridges. Texas filed a separate suit, as did business groups led by the U.S. Chamber of Commerce and National Association of Manufacturers.

“The EPA’s new rule has more to do with advancing President (Joe) Biden’s radical green agenda than protecting Kentuckians’ health or the environment, said Kentucky Attorney General Russell Coleman, who is leading the joint lawsuit along with West Virginia Attorney General Patrick Morrisey.

The EPA rule “will drive jobs and investment out of Kentucky and overseas, leaving employers and hardworking families to pay the price,” Coleman said.

The soot rule is one of several EPA dictates under attack from industry groups and Republican-led states. The Supreme Court heard arguments last month on a GOP challenge to the agency's “good neighbor rule,” which restricts smokestack emissions from power plants and other industrial sources that burden downwind areas.

Three energy-producing states — Ohio, Indiana and West Virginia — challenged the rule, along with the steel industry and other groups, calling it costly and ineffective. The rule is on hold in a dozen states because of the court challenges.

In opposing the soot rule, Republicans and industry groups say the United States already has some of the strictest air quality standards in the world — tougher than the European Union or major polluters such as China and India.

Tightening U.S. standards "wouldn't improve public health, but it would put as many as 30% of all U.S. counties out of compliance under federal law, leading to aggressive new permitting requirements that could effectively block new economic activity,'' Coleman said.

The EPA rule sets maximum levels of fine particle pollution — more commonly known as soot — at 9 micrograms per cubic meter of air, down from 12 micrograms established a decade ago under the Obama administration.

Environmental and public health groups hailed the rule as a major step to improve the health of Americans, including future generations. EPA scientists have estimated exposure at previous limits contributed to thousands of early deaths from heart disease and lung cancer, along with other health problems.

EPA Administrator Michael Regan said the new soot rule, finalized last month, would create $46 billion in net health benefits by 2032, including prevention of up to 800,000 asthma attacks and 4,500 premature deaths. The rule will especially benefit children, older adults and those with heart and lung conditions, Regan said, as well as people in low-income and minority communities adversely affected by decades of industrial pollution.

"We do not have to sacrifice people to have a prosperous and booming economy,″ Regan said.

Biden is seeking reelection, and some fellow Democrats have warned that a tough new soot standard could harm his chances in key industrial states such as Pennsylvania, Michigan and Wisconsin.

The EPA and White House officials brushed aside those concerns, saying the industry has developed technical improvements to meet previous soot standards and can adapt to meet the new ones. Soot pollution has declined by 42% since 2000, even as the U.S. gross domestic product has increased by 52%, Regan said.

The new rule does not impose pollution controls on specific industries. Instead, it lowers the annual standard for fine particulate matter for overall air quality. The EPA will use air sampling to identify counties and other areas that do not meet the new standard. States would then have 18 months to develop compliance plans for those areas. States that do not meet the new standard by 2032 could face penalties, although EPA said it expects that 99% of U.S. counties will be able to meet the revised annual standard by 2032.

Industry groups and Republican officials dispute that and say a lower soot limit could put hundreds of U.S. counties out of compliance.

The U.S. Chamber of Commerce warned the White House in January that 43% of total particulate emissions come from wildfires, and called the pollution standard "the wrong tool to address this problem.''

The EPA said it will work with states, counties and tribes to account for and respond to wildfires, an increasing source of soot pollution, especially in the West, where climate change has led to longer wildfire seasons, with more frequent and intense fires. The agency allows states and air agencies to request exemptions from air-quality standards due to “exceptional events," including wildfires and prescribed fires.

Besides Kentucky, West Virginia and Texas, other states challenging the EPA rule include: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah and Wyoming.

All three cases were filed before the U.S. Court of Appeals for the District of Columbia.

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Nonprofit looks to grow Houston’s urban farming movement from the East End

seeing green

Small Places, a Houston-based urban agricultural nonprofit, is looking forward to putting down roots beyond the fresh vegetables they grow in the East End.

After securing a 40-year land agreement with Harris County, the organization, which provides produce to families facing food insecurity in the Second Ward, is expecting to open their new farm in February 2025. Small Places’ founders hope the 1.5 acres of land named Finca Tres Robles, located at 5715 Canal Street, will be the beginning of Houston’s urban farming movement.

Founded in 2014 by brothers Daniel, Mark, and Thomas Garcia-Prats, Small Places was born out of the latter brother’s desire to work on an organic farm in his hometown of Houston. After farming in Maine, Iowa, and Nicaragua, Thomas had hoped to manage an urban farm but was unable to find a place. He then roped his brothers, who had no agricultural background at the time, into creating one.

“I joke that my journey in agriculture started the day we started out there. We didn’t grow up gardening or farming or anything of the sort,” says Daniel, Small Places’ director of operations. “It was a big learning curve, but how we approached it to our benefit was through our diverse set of backgrounds.”

Brothers Mark, Daniel, and Thomas Garcia-Prats are the co-founders of Small Places, a Houston-based urban agricultural nonprofit growing fresh produce for families in the East End. Photo courtesy Small Places

Small Places began their need-based produce distribution programs through a partnership with nearby pre-school, Ninfa Lorenzo Early Childhood Center, providing food insecure families with fresh produce and later cooking lessons in 2017. When COVID-19 hit Houston in 2020, Daniel says Small Places pivoted towards becoming a redistribution center for their farming contacts who needed to offload produce as restaurants shut down, selling their crops through the organization. Their neighborhood produce program was then born, providing free boxes of produce to nearly 200 families in the East End at the pandemic’s peak.

“We found ourselves in the middle of two communities who were in need, one being people in our community who were losing jobs and were in need of food as well as our farming connections who were losing restaurant accounts,” Daniel explains.

Small Places currently assists 65 families living predominantly within two miles of their original location and they recently restarted their programming with Ninfa Lorenzo Early Childhood Center, and accepts Supplemental Nutrition Assistance Program benefits (SNAP) at their farm stand. Daniel says once Finca Tres Robles opens, Small Places plans to bring back cooking classes and educational seminars on healthy eating for which his brother Mark, a former teacher, created the original curriculum. The farm will also have a grocery store stocked with Finca Tres Robles' produce and eventually food staples from local vendors.

“Being social and preparing a meal can be fun, interesting, and delicious. Being able to pull all of that into a program was really important for us,” Daniel explains.

Farming successfully in the middle of Houston for their subsidized programs and produce market requires Small Places’ team to be strategic in their operations. Using his background in engineering and manufacturing, Daniel says they’ve closely monitored trends in which crops perform the best in Houston’s varied, humid climate over the past decade.

They also follow Thomas’s philosophy of allowing nature to work for them, planting crops at times when specific pests are minimal or integrating natural predators into their environment. And lots of composting. Daniel says they accept compostable materials from community members, before burying the raw organic matter in the earth in between their plant beds, allowing it to mature, then later using it to nourish their crops. Daniel says he and his co-founders hope to see more community-focused, sustainable operations like theirs spring up across Houston.

“Small Places is about hopefully more than one farm and really trying to turn urban agriculture and a farm like ours from a novel thing into something that’s just a part of communities and the fabric of Houston for generations to come,” Daniel says.

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This article originally ran on InnovationMap.

Is Enron back? Houstonians aren't laughing at the joke

read the room

An elaborate parody appears to be behind an effort to resurrect Enron, the Houston-based energy company that exemplified the worst in American corporate fraud and greed after it went bankrupt in 2001.

If its return is comedic, some former employees who lost everything in Enron’s collapse aren’t laughing.

“It’s a pretty sick joke and it disparages the people that did work there. And why would you want to even bring it back up again?” said former Enron employee Diana Peters, who represented workers in the company’s bankruptcy proceedings.

Here’s what to know about the history of Enron and the purported effort to bring it back.

What happened at Enron?

Once the nation’s seventh-largest company, Enron filed for bankruptcy protection on Dec. 2, 2001, after years of accounting tricks could no longer hide billions of dollars in debt or make failing ventures appear profitable. The energy company's collapse put more than 5,000 people out of work and wiped out more than $2 billion in employee pensions. Its aftershocks were felt throughout the energy sector.

Twenty-four Enron executives, including former CEO Jeffrey Skilling, were convicted for their roles in the fraud. Enron founder Ken Lay’s convictions were vacated after he died of heart disease following his 2006 trial.

Is Enron coming back?

On Monday — the 23rd anniversary of the bankruptcy filing — a company representing itself as Enron announced in a news release it was relaunching as a “company dedicated to solving the global energy crisis.” It also posted a video on social media, advertised on at least one Houston billboard and a took out a full-page ad in the Houston Chronicle

In the minute-long video full of generic corporate jargon, the company talks about “growth” and “rebirth.” It ends with the words, “We’re back. Can we talk?”

In an email, company spokesperson Will Chabot said the new Enron was not doing any interviews yet, but "We’ll have more to share soon.”

Signs point to the comeback being a joke.

In the “terms of use and conditions of sale” on the company's website, it says “the information on the website about Enron is First Amendment protected parody, represents performance art, and is for entertainment purposes only.”

Documents filed with the U.S. Patent and Trademark Office show College Company, an Arkansas-based LLC, owns the Enron trademark. The co-founder of College Company is Connor Gaydos, who helped create a joke conspiracy theory claiming all birds are actually government surveillance drones.

What do former Enron employees think of the company’s return?

Peters said she and some other former employees are upset and think the relaunch was “in poor taste.”

“If it’s a joke, it’s rude, extremely rude. And I hope that they realize it and apologize to all of the Enron employees,” Peters said.

Peters, 74, said she is still working in information technology because “I lost everything in Enron, and so my Social Security doesn’t always take care of things I need done.”

“Enron’s downfall taught us critical lessons about corporate ethics, accountability, and the consequences of unchecked ambition. Enron’s legacy was the employees in the trenches. Leave Enron buried,” she said.

But Sherron Watkins, Enron’s former vice president of corporate development and the main whistleblower who helped uncover the scandal, said she didn’t have a problem with the joke because comedy “usually helps us focus on an uncomfortable historical event that we’d rather ignore.”

“I think we use prior scandals to try to teach new generations what can go wrong with big companies,” said Watkins, who still speaks at colleges and conferences about the Enron scandal.

Danish renewable company’s largest solar project to power Texas grid, preserve prairie habitat

seeds planted

The largest solar project in the global portfolio of Danish renewable energy company Ørsted is now supplying power to the Electric Reliability Council of Texas (ERCOT) grid.

Ørsted, which maintains offices in Houston and Austin, just flipped the switch on its 468-megawatt Mockingbird Solar Center in Lamar County, which is northeast of Dallas-Fort Worth and directly south of the Texas-Oklahoma border. The $500 million project can produce enough power for 80,000 homes and businesses.

ERCOT provides power to more than 25 million Texas customers, representing 90 percent of the state’s electric load.

In conjunction with the solar project, Ørsted donated 953 acres to The Nature Conservancy to establish the Smiley Meadow Preserve. This area, adjacent to the Mockingbird facility, protects a tallgrass prairie habitat featuring more than 400 species of grasses and wildflowers. Accounting for land already owned by the conservancy, Smiley Meadow exceeds 1,000 acres.

“Through the power of partnership, Ørsted has helped The Nature Conservancy protect an irreplaceable landscape that might otherwise have been lost to development,” Suzanne Scott, The Nature Conservancy’s Texas state director, says in a news release.

Mockingbird Solar Center is part of Ørsted’s $20 billion investment in U.S. energy generation. With this project now online, Ørsted owns a portfolio of more than six gigawatts of onshore wind, solar, and battery storage projects that either are operating or are being built.