RICK PERRY'S SMOKE STACK LOVE WORLD TOUR Coming to Austin Friday
“The Float that TXU Doesn’t Want You to See” Features Smoke Stack-Kissing Governor, Spotlights Air Quality While State Writes New Plan
(Dallas--) Vowing not to be cowed by threats of a TXU lawsuit, DFW-based anti-pollution group Downwinders at Risk is sending its12 by 16-foot float of a smoke stack smooching Governor Perry across the state on a seven day swing through Central Texas that includes a visit to Austin on Friday.
“’Rick Perry’s Smoke Stack Love World Tour’ is proceeding as planned, and no amount of huffing and puffing by TXU attorneys is going to stop it,” said Jim Schermbeck, a Downwinders board member who is volunteering to drive the float on a trip that will see it go all the way to New Braunfels and back to DFW in the next eight days.
A week ago, the group was told by the state’s largest utility to quit displaying the TXU corporate logo on the smoke stack that the cartoon Rick Perry is kissing, or get sued. Downwinders dismissed the threat as so much hot air.
“There are some things TXU’s money can’t buy,” said Schermbeck, “including the first amendment of the U.S. constitution.” Logos of Midlothian cement makers TXI and Ash Grove also adorn the float, which belches theatrical smoke, but so far only TXU has said it will sue Downwinders over the project.
TXU’s threat has overshadowed the original purpose of the float, which was to spotlight Governor Perry’s continued favortism of some of oldest, dirtiest smoke stacks in the state, even while writing a new clean air plan for DFW. The group complains that Perry is refusing to require modern pollution controls for Midlothian cement plants that could greatly reduce air pollution in DFW and dramatically improve public health. They accuse him of doing the same thing with the wave of 17 proposed new coal-fired plants. At stops along the way, Schermbeck will be showing a PowerPoint presentation that outlines the group’s case to media and the public.
On this trip, Downwinders plotted a course for the rolling editorial cartoon that will take it through (continued) 2 Austin, home to Governor Perry and often downwind of what Schermbeck calls a new “Smog Belt” that will result from the construction of so many new power plants without the best pollution controls. “Austin definitely has a dog in this fight, “ said Schermbeck. “We’re talking about facilities that will be pouring out tens of thousands of tons of poisons into the air for the next 40 years. I really don’t think folks in Austin want to breathe the same kind of air Houston or Dallas residents are forced to breathe.”
Schermbeck said the float’s target in Austin would be the Governor’ s mansion. “The person who can make the decision to demand the best pollution controls in this new clean air plan is Rick Perry. Rick Perry lives in the Governor’s Mansion. In our own way, we’re trying to bring the problems our members face every day to the literal front step of where the Governor lives.
Schermbeck says he expects to be parked across from the Mansion all day on Friday, or circulating around the Governor’s neighborhood, belching smoke and all.
“At least for one day, we want his home to be directly downwind, just like ours are,” said Schermbeck.
Response to the head-tuning piece of protest art has been great, said Schermbeck. “Positive reactions outnumber negative ones by 50 to 1 every time we hit the road.” And what about Governor Perry, who saw the float un-officially join his entourage on a recent bus tour of North Texas? “I don’t think he has much of a sense of humor about it.”
For Immediate Release: Tuesday, October 24th, 2006
GROUP DEFIES TXU LAWSUIT THREAT OVER PERRY FLOAT Tells Utility to Go Jump in a Smoke Stack
Fight Over Stack-Smooching Latest Twist in Pollution Controversy
(Dallas---) Dismissing a TXU ultimatum to quit displaying its corporate logo on a smoke stack being kissed by a giant mock-up of Governor Rick Perry or be sued, longtime DFW-based anti-pollution group Downwinders At Risk today told the utility its threat was just so much hot air.
“Rick Perry’s Smoke Stack Love World Tour will stay on the road as is, and no amount of huffing and puffing by TXU attorneys is going to stop it,” said Becky Bornhorst, a Downwinders board member, referring to the group’s traveling, smoke-belching, sculpture by its official name. “There are some things TXU can’t buy, including the First Amendment of the US Constitution.”
Bornhorst, and fellow DAR board member Merle Roten, sent a letter to TXU today that rejected the company’s claims that use of the TXU logo on the group’s satirical float was a trademark infringement. Today was the last day of a ten-day period that TXU had given Downwinders to remove the logos, or face legal action.
At the center of the fight is a huge, eight-foot tall Styrofoam bust of Governor Perry puckering up to a smoke stack adorned with the company logos of DFW cement plant owners TXI and Ash Grove, as well as TXU. Mounted atop a hay trailer like a politicized Mardi Gras entry, the piece is head-turning commentary on what Downwinders says is Perry’s favoritism toward DFW’s oldest, dirtiest polluters. They complain that Perry is refusing to require modern pollution controls for Midlothian cement plants that could greatly reduce air pollution in DFW and dramatically improve public health. They accuse him of doing the same thing with new coal plants.
The group has vowed to travel the state with its rolling editorial cartoon, shadowing Perry as much as possible as long as he refuses to require modern controls on the cement plants.
As a result of the media attention given the float when it debuted outside the gubernatorial debate in Dallas on October 6th, TXU Executive Vice President and Corporate Counsel David Poole, sent a certified letter to Downwinders saying use of the company’s “starmark” trademark on the smoke stack that was the object of the over-sized Perry’s affections was against the law.
(continued) -2- According to TXU’s letter, unless Downwinders removed the logo from its float, “TXU will have no choice but to protect its trademark from infringement and pursue all available legal remedies for the infringement and dilution of TXU’s registered trademark. Please be clear it is not TXU’s objective to have to bring litigation related to this matter but your immediate cessation of the infringement of TXU’s registered trademark is necessary for you to avoid TXU being forced to do so.” It gave Downwinders 10 days from receipt of he letter to reply in writing to the utility.
Today that reply came and it was a defiant refusal to back down by Downwinders. Citing what they said were “laughable” legal arguments by TXU, Dallas ACLU attorney Michael Linz and Washington DC-based Public Citizen attorney Paul Levy argued that the First Amendment trumps any claim of corporate exclusivity regarding the company’s logo.
“Really, TXU should be ashamed of itself for sending out this threat of litigation, presumably in the hope of intimidating citizens who want to participate in the political process,” said Levy in a letter to the utility’s General Counsel.
Added Jim Schermbeck, another Downwinders’ board member, “After 12 years of battling DFW’s largest industrial polluters, the EPA and the state of Texas, we’re not ones to run from a fight when there are fundamental principles at stake. And we’re sure as hell not giving up our American citizenship just because TXU says ’boo.”
With Downwinders’ formal rejection of its demands, the next move is up to TXU. Suing Downwinders would only draw more attention to the air pollution issue, and the utility’s closeness to the governor, at a time when it’s trying to portray itself as environmentally friendly and defend against charges of manipulating the market.
As of Tuesday, there haven’t been threats of lawsuits over the float from either TXI or Ash Grove, but Schermbeck said he wouldn’t be surprised if all three companies end up trying to take some sort of legal action.
“These guys are not used to hearing the word “no.” Especially since they’ve been dealing with Rick Perry for the last six years. Their first response will be to try and punish us uppity citizens, constitutional rights be damned. But at the hourly rates their lawyers charge, it would be a very expensive mistake.”
TXU’s October 11th letter threatening legal action can be viewed at: http://www.citizen.org/documents/txudemandletter.pdf Downwinders At Risk attorney Paul Levy’s October 24th response to TXU can be viewed at: http://www.citizen.org/documents/responsetotxu.pdf -###-
2006 North Texas Clean Air Steering Committee Resolutions on Midlothian Cement Plants
NORTH TEXAS CLEAN AIR STEERING COMMITTEE RESOLUTION SUPPORTING PREFERENCE IN PURCHASING POLICIES FOR CERTAIN CEMENT WHEREAS, the North Texas Clean Air Steering Committee (the Committee) was created after several counties in North Central Texas were declared to be in violation of the ozone standard under the Federal Clean Air Act; and WHEREAS, the Committee has worked closely with the Texas Commission on Environmental Quality (TCEQ) and the Environmental Protection Agency (EPA) in recommending and developing control measures to enable the region to achieve compliance of the ozone standard; and WHEREAS, Point Sources of NOx emissions are among the causes of the region's ozone nonattainment status; and WHEREAS, scientific evaluation and studies by TCEQ and EPA demonstrate that emissions from cement kilns in Ellis County directly contribute to elevated ozone levels in the North Central Texas ozone non-attainment area; and NOW, THEREFORE, BE IT HEREBY RESOLVED THAT THE NORTH TEXAS CLEAN AIR STEERING COMMITTEE EXPRESSES STRONG SUPPORT FOR: Section 1: That local governments and special districts within the region's ozone non-attainment area be strongly encouraged to include criterion in their bidding policies that rewards or give special consideration to cement from the companies operating kilns with the lowest NOx emission levels. __________________________________ Honorable Judge Ron Harris, Chair North Texas Clean Air Steering Committee Collin County Judge I hereby certify that the North Texas Clean Air Steering Committee adopted this resolution on October 20, 2006. __________________________________ Honorable Judge Margaret Keliher, Co-Chair North Texas Clean Air Steering Committee Dallas County Judge
NORTH TEXAS CLEAN AIR STEERING COMMITTEE RESOLUTION SUPPORTING LoTox AND/OR SELECTIVE CATALYTIC REDUCTION TECHNOLOGIES FOR ADDITIONAL CEMENT KILN EMISSIONS REDUCTIONS WHEREAS, the North Texas Clean Air Steering Committee (the Committee) was created after several counties in North Central Texas were declared to be in violation of the ozone standard under the Federal Clean Air Act; and WHEREAS, the Committee has worked closely with the Texas Commission on Environmental Quality (TCEQ) and the Environmental Protection Agency (EPA) in recommending and developing control measures to enable the region to achieve compliance of the ozone standard; and WHEREAS, Point Sources of NOx emissions are among the causes of the region's ozone nonattainment status; and WHEREAS, scientific evaluation and studies by TCEQ and EPA demonstrate that emissions from cement kilns in Ellis County directly contribute to elevated ozone levels in the North Central Texas ozone non-attainment area; and WHEREAS, scientific evaluation and studies by TCEQ and EPA demonstrate that emissions from cement kilns in Ellis County directly contribute to elevated ozone levels in the North Central Texas ozone non-attainment area. WHEREAS, a 2005 study commissioned by TCEQ concluded that technology exists which can reduce NOx emissions from cement kilns by up to 80 percent; and WHEREAS, that technology, known as LoTox and Selective Catalytic Reduction (SCR), is believed to be compatible with Selective Non-Catalytic Reduction Control (SNCRC) technology. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE NORTH TEXAS CLEAN AIR STEERING COMMITTEE: Section 1: That TCEQ require the kiln owners to have a pilot test(s) conducted for LoTox and/or SCR technologies, conditioned upon an initial demonstration that each technology will be economically, technologically, and environmentally effective and will not adversely affect plant operations and/or facilities. Section 2: That all efforts be made to seek funding assistance from outside sources to offset costs of the cement industry for said pilot test(s). Section 3: That said pilot test(s) be conducted as quickly as possible and completed no later than September 2007 so that cost effective emission reductions demonstrated from the use of the pilot tested technology can be incorporated into the 2009-2010 State Implementation Plan. Section 4: That cement kilns producing nitrogen oxide emissions no greater than 1.9 lbs per clinker ton of cement produced during the ozone season shall be excluded from the mandatory pilot testing. Section 5: That EPA, TCEQ, the North Central Texas Council of Governments, cement plant owners, local environmental groups, and local governments be involved in monitoring pilot testing. __________________________________ Ron Harris, Chair North Texas Clean Air Steering Committee Collin County Judge I hereby certify that the North Texas Clean Air Steering Committee adopted this resolution on October 20, 2006. __________________________________ Margaret Keliher, Co-Chair North Texas Clean Air Steering Committee Dallas County Judge
NORTH TEXAS CLEAN AIR STEERING COMMITTEE RESOLUTION SUPPORTING SELECTIVE NON-CATALYTIC REDUCTION TECHNOLOGY FOR CEMENT KILN EMISSIONS REDUCTIONS WHEREAS, the North Texas Clean Air Steering Committee (the Committee) was created after several counties in North Central Texas were declared to be in violation of the ozone standard under the Federal Clean Air Act; and WHEREAS, the Committee has worked closely with the Texas Commission on Environmental Quality (TCEQ) and the Environmental Protection Agency (EPA) in recommending and developing control measures to enable the region to achieve compliance of the ozone standard; and WHEREAS, Point Sources of nitrogen oxide (NOx) emissions are among the causes of the region's ozone nonattainment status; and WHEREAS, scientific evaluation and studies by TCEQ and EPA demonstrate that emissions from cement kilns in Ellis County directly contribute to elevated ozone levels in the North Central Texas ozone non-attainment area; and WHEREAS, it is generally accepted in the cement industry and confirmed by a scientific study performed for TCEQ that Selective Non-Catalytic Reduction Technology is capable of reducing NOx emissions from kilns in a range of 30 percent to 50 percent. NOW, THEREFORE, BE IT HEREBY RESOLVED THAT THE NORTH TEXAS CLEAN AIR STEERING COMMITTEE EXPRESSES STRONG SUPPORT FOR: Section 1: That TCEQ require the kiln owners to install SNCR technology on all kilns in Ellis County. _________________________________ Honorable Judge Ron Harris, Chair North Texas Clean Air Steering Committee Collin County Judge I hereby certify that the North Texas Clean Air Steering Committee adopted this resolution on October 20, 2006. __________________________________ Honorable Judge Margaret Keliher, Co-Chair North Texas Clean Air Steering Committee Dallas County Judge
