Texas

Energy and Environment Reporting for Texas

Farmer Loses Restraining Order Against Keystone XL Pipeline

Photo by Flickr user Loozrboy/Creative Commons

The Keystone XL pipeline would take oil from sand pits in Canada to refineries in Texas.

It’s round two in the ongoing battle between a northeast Texas farmer and the company behind the Keystone XL pipeline.

Today a district court judge dissolved a restraining order filed by farmer Julia Trigg Crawford against the TransCanada corporation, which wants to build the Keystone XL pipeline across her property. After Crawford declined to sign an agreement with the company, they used eminent domain to gain access to her land. She responded by filing a temporary restraining order, which up until today had kept the company from going onto her land. But the two will meet again at a trial over the eminent domain claim in the same court in April.

“It’s obviously a disappointment,” Crawford said in a statement, “but the bigger question is whether they took my land and land from other Texans legally. I don’t think they did and I think they’ll get a rude awakening when we show up in court in April.”

“We are gratified with Judge Harris’s ruling to dissolve the temporary restraining order,” TransCanada said in a statement. “We believed from the outset — and apparently Judge Harris agreed — that the temporary restraining order was without merit and improperly granted.” Continue Reading

What the State Supreme Court Ruling on Water Rights Means For Texas

Reaction came fast and furious to Friday’s announcement that the Texas Supreme Court had reached a decision in The Edwards Aquifer Authority V. Burrell Day and Joel McDaniel. The case has far-reaching implications for how local water authorities can regulate the amount of groundwater a private property owner pulls from their land. It’s a decision made all the more important by the fact that much of Texas is still suffering the effects of an historic drought.

Photo Courtesy of the Lower Colorado River Authority

Tom Mason, former head of the LCRA, currently works as an attorney with Graves Dougherty Hearon and Moody.

The ruling found that the Edwards Aquifer Authority could compensate Ranchers Burrell Day and Joel McDaniel for groundwater regulations that limited the amount of groundwater the two landowners pulled from their land. The Authority had argued that allowing compensation could open the floodgates to a wave of litigation from other landowners in similar cases. After Friday’s decision that assessment may bear out, said former LCRA director Tom Mason. Continue Reading

What Are the Different Levels of Drought?

We do a lot of reporting on the ongoing (but hopefully abating) Texas drought around here, with a weekly update on drought conditions in the state.

Yesterday’s update showed that drought conditions continue to improve in Texas, with Dallas/Fort-Worth drought-free, and parts of Houston are now out of drought as well. Austin is in the lightest stage of drought, as are El Paso and San Antonio. But the one region that hasn’t seen much relief is West Texas. Many parts of the state there are in “extreme” or “exceptional” drought:

Map and graph by National Drought Monitor

The latest drought monitor shows continued improvement for much of the state

The drought information comes from the U.S. Drought Monitor at the National Drought Mitigation Center at the University of Nebraska-Lincoln. It’s a joint project between the center and several federal partners like the departments of Agriculture, Commerce, and National Atmospheric and Oceanic Administration.

But what’s the difference between “extreme” and “exceptional” drought? Here’s a handy explainer of what those different drought levels mean: Continue Reading

Texas Supreme Court Rules in Historic Water Regulation Case

Photo by Scott Olson/Getty Images

The new ruling favors landowners over water authorities.

The Texas Supreme Court has reached a ruling in a case that will have widesweeping implications for the way groundwater is regulated across the state. The Edwards Aquifer Authority and the State of Texas, V Burrell Day and Joel McDaniel, centered on whether property owners could be compensated if a water authority limited the amount of groundwater they could pull from their land.

The decision found that Ranchers Burrell Day and Joel McDaniel could be compensated by groundwater regulations from the Edwards Aquifer Authority. This means that other landowners in Texas could seek compensation in similar cases.  Under Texas law, groundwater has traditionally been considered the property of the owner of the land it sits on top of.

The decision comes as Texas’ water resources grow scarcer in the face of drought and a growing population.  Continue Reading

Why Are Gas Prices So High? Speculating About Oil Speculation

Dave Fehling/StateImpact Texas

Prices creep towards $4 a gallon at a Houston gas station

With oil surpassing $100 a barrel, drivers are feeling the pain at the pump and some wonder if it’s simply a case of supply and demand. Or maybe something else.

“It’s sad, but people are very greedy,” said Houston driver Jodie Minear as she put $60 of fuel into her Jeep SUV at a Chevron station along Highway 59.

Does she have suspicions as to how prices are set?

“Definitely, I think everybody does.”

She’s not alone.

Continue Reading

What’s New in Obama’s Energy Policy

Photo by Saul Loeb/AFP/Getty Images

The President outlined his campaign platform on energy today at a speech at the University of Miami

In the face of rising gas prices and outspoken criticism from the oil and gas industry, President Obama outlined major campaign proposals for energy and drilling today at a speech at the University of Miami.

“It is great to be back in sunny Florida,” the President said. “I still don’t know how you all make it to class every day down here.”

He then went on to expand on some policies he initially introduced during his State of the Union speech in January.

First on his list? Eliminating tax breaks for oil and gas companies. “Right now, four billion of your tax dollars subsidize the oil industry every year,” Obama said. Continue Reading

What Does Redistricting Mean for Renewables in Texas?

Photo Courtesy of KUT News.

State Rep. Mark Strama, D-Austin

Plans to revise Texas’ electoral boundaries will affect more than just the House of Representatives’ Republican-Democrat breakdown. But could it affect Texas’ renewable energy policies?

That was the question posed to State Rep. Mark Strama by Stratus Energy’s Mark Bruce at the University of Texas at Austin’s School of Law’s Wind, Solar and Storage conference last week. The answer revealed a lot about how attitudes towards subsidizing can be shaped by region, rather than partisan politics.

Mark Bruce: “How much does the redistricting matter as we go into the next round of Washington congressional action, and in the Texas legislature itself?”

Mark Strama: “In energy policy, what really seems to matter more is the personalities that are involved and where the leadership comes from. We’ve lost some good folks from West Texas. In many cases, [they were] Republicans who had made renewable energy an issue that was really bipartisan because their part of the state was making money from it. And they didn’t see it as this environmental crusade, [but rather] as a way of making money in their hometowns. Continue Reading

TCEQ Director Announces Retirement

Photo Courtesy of the Texas Commission on Environmental Quality.

Mark Vickery began work as Director of TCEQ in 2008.

Yana Skorobogatov, an intern at StateImpact Texas, researched and reported this article.

The Texas Commission on Environmental Quality (TCEQ) announced today that its executive director, Mark Vickery, will retire from the agency this May.

Vickery has spent the past twenty five years working in virtually every area of the TCEQ, including industrial and hazardous waste and municipal solid waste enforcement, waste tires, director of field operations, deputy director office of compliance and enforcement, deputy director office of permitting and registration, deputy executive director. He became the agency’s executive director in 2008.

Most recently, he refused to approve ValeroEnergy Corporation’s request for an environmental tax refund. Valero asked for the money under a state law that says companies don’t have to pay taxes on equipment that reduces on-site pollution. Vickery explained the TCEQ’s decision by citing that the company “does not demonstrate that [their] hydrotreating equipment provides a partial environmental benefit at the site.” Continue Reading

Your Weekly Drought Update: It’s Getting Better All the Time

Maps by National Drought Center

The progress of the drought: Beginning, Peak and Today

We’re far from the finish line, but after another week with rains in parts of Texas, the record single-year drought shows continued signs of abating. While 85 percent of Texas is still in “moderate” drought, only 14 percent of the state is in the highest level of drought, “exceptional.” That’s down from 20 percent last week and 86 percent at the peak of the drought in early October 2011.

Dallas/Fort-Worth is still drought-free, and you can now add parts of Houston to that list as well. (They’re still in the “abnormally dry” category or higher, however.) Austin is now in the lightest stage of drought, as are El Paso and San Antonio.

The one region that hasn’t seen much relief is West Texas. Many parts of the state there are in “extreme” or “exceptional” drought.

But the progress is unmistakable, as you can see from the three maps above that show the progression of the drought, from its beginning in October 2010 to its peak in October 2011 to today.

Stay tuned for more updates on the drought today (and forecasts for this summer).

LCRA Passes New Water Plan: More Water for Lakes, Less for Farming

Photo by Terrence Henry/StateImpact Texas

The LCRA voted to pass a new water plan today.

In what they’re calling the “most decisive issue” they’ve ever come across, the Lower Colorado River Authority voted today in favor of a new water plan that will change how much water goes from the Highland Lakes to customers downstream.

The water plan was created over the last 18 months by a group with representatives from lakeside businesses, rice farmers, the City of Austin and environmental groups. The plan will likely result in less water for rice farmers downstream, and more water in the Highland Lakes. “We have been through the most intense drought in our history,” TImothy Timmerman, chair of the LCRA board, said. “We’ve had the least amount of rainfall and lowest inflows into our lakes in history. We’ve never seen a drought quite this intense. One only needs to look to Lakes Buchanan and Travis to see something needs to change with our water plan.”

The vote was ten in favor and five against, with all of the against votes coming from LCRA board members that represent counties downstream of Austin and the Highland Lakes.

Before the vote, the board heard more public comment from many residents and business owners of the Highland Lakes and rice farmers as well. At times the testimony grew intense and emotional. Buster Cole owns a company that builds trams for people to access the lake. He says his business will likely lose close to a million dollars this year. “We are a lake based business; due to water level, no one is coming,” he told the board. “Our property value has lost 40 percent of its value because of the drop in lake levels. Devastation in the Highland Lakes is here now.” Cole said he’s  had to lay off 29 employees.

The rice farmers mostly sat on the other side of the room. Their reaction to the vote was reserved. Continue Reading

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