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La Grange advocates have launched a fundraiser and acquired legal representation in pursuit of filing a temporary restraining order and lawsuit against the Lower Colorado River Authority (LCRA) and the Texas Commission on Environmental Quality (TCEQ) after TCEQ approved LCRA’s application to loosen toxic waste restrictions for the Fayette Power Plant on Thursday, April 30.
Jerry Moerbe, a Fayette County resident with around 50 years of executive engineering and operational oversight in the oil and gas sector, and Elizabeth Parry, another resident who has already experienced property damage from the plant’s waste, are leading the charge with support from Republican candidate for Texas State House Dennis Geesaman. In anticipation of the permit being approved, Moerbe filed the required federal 60day notice of intent to sue under the Resource Conservation and Recovery Act on April 4.
“If LCRA does not take immediate, comprehensive action to abate this endangerment within sixty (60) days of receiving this notice, I intend to file suit against LCRA in the United States District Court for the Western District of Texas to compel the immediate excavation and ‘Clean Closure’ of the [Fayette Power Plant] ash pits, and to seek civil penalties, injunctive relief, and attorneys’ fees as authorized by federal law,” Moerbe wrote in the filing.
LCRA’s recently approved application amends various parts of their permit to operate the Fayette Power Plant, primarily to remove limits on the toxic, bioaccumulate material selenium. By recommendation of TCEQ Executive Director Kelly Keel, the three TCEQ Commissioners unanimously voted to deny over a dozen requests for a public hearing that followed around 50 submitted public comments calling for community input and to approve LCRA’s application.
“I think the record establishes that the executive director conducted a thorough review of the application and found that the draft permit was perfect of human health, existing surface and groundwater quality, the environment, the health of the aquatic and animal life and existing designated water quality related uses,” Commissioner Catarina Gonzales said.
Before the vote, legal representative Jacob DeSelms for State Senator Lois Kolkhorst read out a letter from the senator to “voice concerns by constituents that have been brought to my attention” to remove selenium limits. Kolkhorst did not attend in person, and her office cited scheduling conflicts related to the ongoing investigation of Camp Mystic.
“In the interest of all transparency in this process, I request that the commissioners and TCEQ make clear that if the permit amendment is issued, the permit will continue to protect water quality and not degrade water quality in the area,” DeSelms read from the letter. “…My office will work with the TCEQ to ensure that the permit, if issued, is upheld to the environmental standards put in place by the commission.”
The issue came to Kolkhorst’s attention after Moerbe sent over 100 emails to her since February of this year. Kolkhorst wrote a responding letter to Moerbe postmarked on April 24. She addressed his claim that all 23 groundwater monitoring wells have pollutant levels that exceed the permit’s and federal limits and explained that an investigation could not proceed until the permit application was fully resolved.
“Your claim that this plant possesses 23 failing monitoring wells is extremely concerning. I am therefore requesting that the TCEQ fully investigate your alarming claim,” Kolkhorst wrote. “…I also have faith in the TCEQ to ultimately decide what is in the best interest of the health and safety of all Fayette County residents.”
Within hours of the Commissioners’ decision, Moerbe notified The Citizen that he and Parry are moving forth with legal action, specifically seeking a temporary restraining order. The case is being represented pro-bono by Alex Hernandez, a civil trial and appellate attorney with experience in personal injury, corporate governance and environmental matters.
Moerbe and Parry also launched an online fundraising campaign titled “Coalition for Property Rights” in preparation on April 27. The campaign raised $1,350 out of its $10,000 in its first week. Geesaman contributed $500, and Moerbe contributed $200. The campaign’s website can be found at: www.givebutter. com/coal ition- for- property- rights-7gaynd “We have retained legal counsel and are seeking a temporary stay of the permit to allow additional community participation and to ensure that comprehensive environmental testing data is properly developed and entered into the record,” Parry wrote in the fundraiser’s description. “We encourage all concerned and potentially affected residents to engage in this process as we work to protect the health, safety, and environmental integrity of Fayette County.”
The Citizen thanks reporter Dylan Roddy at The Elgin Courtier for his contribution to this story.
