It’s not found anywhere in state law or the Texas Commission on Environmental Quality’s rules, but for years the agency has denied citizens the ability to challenge air pollution permits because they live more than a mile away.
Her organization, together with the Environmental Integrity Project and Texas Rio Grande Legal Aid, obtained data from Max Midstream's permit application for the Seahawk Oil Terminal, analyzed it and
Diane Wilson in Port Lavaca, with the Formosa Plastics Corp. facility visible across Lavaca Bay. Wilson's attempts to fight a permit application by Max Midstream were rejected; the TCEQ cited the distance between the facility and her home in Seadrift.analysis from Ranajit Sahu, a private environmental consultant in California who previously managed air quality programs and has a Ph.D. from the California Institute of Technology.
They included Mauricio Blanco, a 51-year-old shrimper who said he spends nine hours per day on the water close to the proposed facility, even though he lives 6 miles away. Baker acknowledged Miller’s economic concerns, but concluded that “based on his location relative to the terminal, Mr. Miller’s health and safety would not be impacted in a manner different from the general public.”
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