The Texas Observer

Perhaps the most notable thing about the “Sovereignty or Secession” rally at the state Capitol today was the absence of any remotely mainstream speakers. That little problem in presentation did not escape the event’s organizers from the Texas Nationalist Movement. In fact, several speakers bitterly complained that neither Gov. Rick Perry nor a single one of the 70-plus supporters of Rep. Brandon Creighton’s HCR 50, a resolution asserting Texas’ “sovereignty” from the federal government, made an appearance.

Back in April, Perry flirted with the idea of secession when he told reporters after a Tax Day tea party event: “There’s absolutely no reason to dissolve [the Union]. But if Washington continues to thumb their nose at the American people, you know, who knows what might come out of that.”

Even for a governor who frequently plays to the more extreme elements in the Texas GOP, it was a gobsmackingly ‘out there’ remark. But it certainly did wonders for the secession crowd—long a totally marginal and ridiculed group with about as much chance of capturing the mainstream imagination as the LaRouche cult.

The turnout for the rally wasn’t huge—200 would be a generous estimate—but it was enough to show how much Perry has helped galvanize and embolden the right wing “hate America” fringe. After all, the governor of the second most populous state in the nation had suggested that secession was a possible solution to federal over-reach. Republican political leaders have helped bring “death panels” and the Obama birth certificate nonsense into acceptable discourse; Perry’s contribution has been bringing secession into the mix.

Daniel Miller (pictured below, at top), the leader of the Texas Nationalist Movement and the only speaker who had the slightest ability to make secession sound like anything other than just complete lunacy, recounted the April 15 tea party rally in Austin and what it meant to the secessionist movement.

“When [Perry] was giving a speech and the crowd began to shout what? – Secede! Secede! Secede! – that’s what they chanted. So they asked him afterward, What do you think? He said, Well we reserve that right; if things get so bad we reserve the right to leave. And I gotta tell you it’s the first solid thing he’s done in his administration that I can agree with in many, many years.”

So the secession leaders were a little peeved that they couldn’t get their good friends in the Texas GOP to show up today. After all, Fox News is paying attention: Miller was a guest on the Glenn Beck Program on June 23, discussing the possibility of Texas seceding.

Though Perry and the “pro-sovereignty” legislators didn’t show for the rally, Miller said, “I want them to hear this loud and clear: It is time for them to take up that banner and it’s time for them to take the lead and if they do not, if they do not pick up that banner and carry it high, then we will.” Upon which Miller dashed out into the crowd, took hold of a “Come and Take It” flag, and continued his exhortations. Along with other speakers, he called for a special session of the Legislature—next week—to take up the sovereignty-or-secession debate in earnest.

The organizers are trying to set up a time to deliver a petition to Perry demanding that Texas officials either “immediately move for the restoration of the complete and unadulterated Sovereignty of Texas, explicitly adhering to the 10th Amendment wording of the U.S. Constitution,” or “move immediately for complete Secession from the United States of America.”

Instead of Perry or Creighton, the protesters had Larry Kilgore, a “Christian activist” and candidate for governor who has endorsed executions for homosexuals; Debra Medina, a Ron Paul Republican and a slightly-less long-shot candidate for governor; and Melissa Pehle-Hill, yet another fringe candidate and a member of a self-appointed “citizens grand jury” investigating Barack Hussein Obama, aka Barry Soetoro.

The audience of about 200 people included tattoed bikers wearing Confederate memorabilia, Alex Jones conspiracy theorists carrying those Obama-as-Joker signs, lots of older guys in Texas flag shirts and blue jeans, Ron Paul activists, and others.

Kilgore, dressed in starched blue jeans and a cowboy hat, drew some murmurs of disapproval when he launched into a rant against the U.S.

“I hate that flag up there,” Kilgore said pointing to the American flag flying over the Capitol. “I hate the United States government. … They’re an evil, corrupt government. They need to go. Sovereignty is not good enough. Secession is what we need!”

“We hate the United States!,” he said later in the speech. (And they say leftists are America-bashers!)

Medina chipped in: “We are aware that stepping off into secession may in fact be a bloody war. We are aware that the tree of freedom is occasionally watered with the blood of tyrants and patriots.”

For his part, Kilgore assured the crowd that violence wouldn’t be necessary to secede. Instead, the U.S. would just split up like the USSR did in 1991.

After the rally, lingering secessionists clashed with pro-health reformers holding another rally at the Capitol. Kilgore was seen yelling at some pro-health care reform advocates to “Go back to the U.S. where you belong.”

Secession, the speakers argued, was more important than ever because of the Obama administration. Health care reform, the auto industry and Wall Street bailouts, cap-and-trade legislation, etc, etc – all this “change” is driving people already predisposed to mistrust a Democratic administration to new heights of apoplectic rage.

“If either one of them passes [cap-and-trade or health care reform], we have no option but to go for secession,” said Hill. “Texas is not comprised of people willing to allow Barack Obama and his czars to tax us into bankruptcy while Michelle Obama and her 26 aides live it up on our dime.”

Like any movement, the secessionists have their own reading of history and the law. There was much talk about the true and correct reading of the Constitution, implied powers, Thomas Jefferson’s writings on tyranny and government. One guy even started reading from Black’s Law Dictionary. But the references to the Confederacy were the most telling.

At one point, Miller drew the crowd’s attention to the statue of Lady Liberty on top of the Capitol.

“When they raised her to the top of this Capitol they wanted to face her south so she would forever have her back turned to that nation to the north that knew not liberty,” he told the almost entirely white crowd.

And they wonder why Perry and friends didn’t show up. Even for our governor, these people are toxic.

In case you haven’t visited our homepage in a while… We’ve rolled out four new staff-written blogs with fresh content (almost) every day.

• At “Purple Texas,” Observer Editor Bob Moser is reporting on, poking fun at and scrutinizing Texas’ 2010 elections from a progressive-populist point of view.

• Investigative reporter Melissa del Bosque is blogging at “La Linea,” where she’s taking a look at immigration politics and culture along the Texas-Mexico border, dispelling stereotypes and myths along the way.

• Dave Mann, the Observer’s associate editor, casts a critical eye on the conventional wisdom at “The Contrarian.” Dave is ferreting out hidden stories, bogus facts and generally being a lovable curmudgeon.

• Yours Truly is serving up underreported news and analysis about Texas and the environment at “Forrest For The Tree.”

• Also, don’t miss Pulitzer Prize-winning editorial cartoonist Ben Sargent’s “Loon Star State” in which Sargent offers his take on the nuttiest, weirdest, most outrageous happenings and politics in the strangest state in the union. Exclusive in the Observer.

Please bookmark the new blogs. This space will remain inactive for the time-being.

Lloyd Doggett held another “townhall” meeting this Saturday, this time outside CommUnityCare, a non-profit health care clinic that serves a low-income, largely minority clientiele.

In a sign that Democrats and universal health care advocates are perhaps figuring out how to counter right-wing tactics, the event was spirited but civil and the reformers took control of the event. It looked little like the mob scene at the Randall’s last Saturday.

At the invitation of the clinic, both Doggett and Republican U.S. Sen. John Cornyn, who has suggested that the Obama plans might lead to a “single-payer, Washington-run system,” made an appearance. Cornyn left after the short press event, driving away in a SUV as protesters in the Doggett camp booed him. Outside the clinic, about 200 people stuck around for the townhall, a mix of local Democrats, progressive activists, “tea bag” types, Ron Paul libertarians, and some fans of Alex Jones, the Austin talk radio host and conspiracy theorist. Fans of reform outnumbered opponents about two-to-one.

“After what happened last Saturday, I figured Lloyd needed some help,” said Kent Johnson, who carried a sign reading “Insurance Costs Doubled Under Bush/The Right Did Nothing.” Of the protesters trying a repeat of the supermarket uprising, he said, “They tried but they were outnumbered.” Doggett supporters fanned out in front of the speaker’s podium, loudly cheering the congressman and others speaking in favor of health care reform. When the antis tried to drown Doggett out with cries of “Socialism!” or “Just Say No!,” self-appointed enforcers would push back with forceful “shushes.” One man carried a sign that simply said: “You Can Disagree Without Being Rude or Disruptive.”

George True, 35, used a bullhorn to tease the tea party people, a tactic he said he learned as an activist in Washington, D.C.

“Everyone’s scared of public speaking so you mock them,” he explained.

After stepping to the podium, Doggett called for a “civil discussion” and that’s mostly what he got.

“If the only thing coming out of this is the fight” - the squabbling and accusations - “that will be a defeat for health care,” Doggett said. “I hope you go away recognizing [a health care reform bill] is in your self-interest.”

The format of the townhall helped to defuse the tension. Each side took turns asking Doggett questions over a loudspeaker. (P.A. systems, as all good activists know, are magical things.)

A Travis County Republican precinct chair asked about the $1.6 trillion price-tag affixed to a version of the legislation by the Congressional Budget Office. Another woman said - like many at these events - that she’s “just scared.”

The health reform advocates focused on bringing the debate back to earth. One man spoke of running through three insurance policies for his sick wife in three years, all the while watching the premiums soar 67 percent. Even the militia types in the back, waving a “Come and Take It” flag, found that hard to jeer.

An older nurse described seeing patients falling through the cracks. “Everyone here needs health care so we can all be healthy,” she said. One man asked the congressman how best to repel the rumors about “ObamaCare,” such as the notion that the government will require euthanasia of senior citizens. “There are many people in this country who have died because they don’t have health insurance,” Doggett said. Of the rumors: “It is absolute nonsense.”

Single-payer advocates—a group that has dogged lawmakers at public events for years but received scant attention from the media—made their mark too. Doggett said he was open to single-payer, but that Obama had taken that option off the table at the onset of the health care debate.

At the end Doggett seemed pleased. “I think we’ve had a reasonable dialogue this morning,” he said. And he walked to his car with only his aides in tow.

John Hall, a regulator-turned-lobbyist, is gunning hard for the top job at the regional EPA office. Like Zelig, Hall’s been showing up everywhere—in D.C. to plead his case with the feds, in Port Arthur, Austin and Corpus Christi to try to and convince community activists and enviros to back off their criticism of of him.

Hall’s problem—perhaps an insurmountable one—is that he’s gotten very rich exploiting the revolving door between industry and government. Since 1997, following his tenure (’91-’95) as chairman of the state environmental agency, then called the Texas Natural Resources Conservation Commission (TNRCC, or “trainwreck”), he’s earned up to $6.3 million lobbying for refineries, chemical companies and landfill outfits. This lucre has enabled Hall to own a 7,600 square-foot mansion in West Austin valued at $3.25 million.

Hall was the first African-American to head TNRCC but his track record there didn’t exactly impress many in the environmental justice community. For example, in 1995 Hall voted to approve—over the objections of hundreds of citizens and an administrative law judge—the dramatic expansion of a landfill in Ferris, Texas, a largely black community near Dallas. The dump, owned by garbage giant Waste Management of Texas, practically swallowed Ferris. Many residents have since fled the town’s stench and pollution. Two years after approving the Waste Management dump expansion, Hall left TNRCC and went to work as a lobbyist for Waste Management. From 1997 to 2009, Hall earned between $625,000 and $1.25 million from the company, according to Texans for Public Justice.

In 1997, one of Hall’s TNRCC colleagues, public interest counsel Mark Alvarado, told a Texas House committee that Hall’s main interest was pleasing the industries the agency regulated. From an April 11, 1997 Observer article by former editor Lou DuBose:

Mark Alvarado stood up, was sworn in, and began to explain what environmentalists have alleged, industry lobbyists deny, but no public official dares say in a public forum—and certainly not under oath. That is: that the TNRCC—the single agency that stands between the public and environmental health hazards—doesn’t consider the public its client.

“I was there for six years and I heard it time and time again,” Alvarado, the agency’s former public interest counsel, said. “The primary client of the TNRCC is the industry it regulates.”

[…]

It’s more than personality, Alvarado explained. “I can point to the changes in procedural rules, changes in the permitting process, changes in organization,” he said. “There are policy decisions, access to management.”

Several environmental activists around the state told me that Hall has been emphasizing his public affairs consulting gig and downplaying his lobby work.

“He tried to justify working for industry, [saying] that he worked to bring the community and industry together to work on their issues,” said Suzie Canales, a refinery reform advocate in Corpus Christi. “I don’t believe that but even if it was true he was still getting a paycheck from the polluters. How can you be neutral ever again?”

Hall’s pitch has apparently worked on others. Hilton Kelley is an indefatigable organizer in Port Arthur, a town constantly dealing with toxic emissions from its high concentration of petrochemical and refining facilities. Recently, Hall and Kelley sat down for a face-to-face.

“What I told him was, ‘John I really don’t trust you’, I told him that straight out,” said Kelley. “’One minute you’re working for TNRCC and the next minute you’re working for industry helping them to circumvent what community activists are doing.’”

But, Kelley now says that he thinks he might be the man for the job.

“If I had to pick one of the lesser evils I would go with John Hall because I think he has a better working knowledge when it come to refineries, chemical plants and underground injection wells.”

Brigid Shea, a former Austin City Councilman who runs an environmental consulting firm, said she thinks Hall is trying to drive a wedge between environmental justice activists and the more mainstream groups.

Some prominent environmental groups are taking a studiously neutral stance. Sierra Club, for example, has neither endorsed nor rejected Hall while signaling that they are eager for a change. Neil Carman said that the issue of who would lead EPA Region VI, which includes Texas, didn’t come up at a May meeting with EPA administrator Lisa Jackson, but he said they told her that Texas was “under siege” and needed real environmental enforcement. “She got the message. She said this is like the Battle of the Alamo.”

Waste Control Specialists made another leap forward this week in its long march to make Andrews County the nation’s radioactive and hazardous waste dumping ground. Not that you’d learn any of that from the Texas media, mind you. The West Texas papers published little more than a retread of the company press release announcing the development. From the Midland Reporter-Telegram:

Waste Control Specialists LLC said Tuesday that it will begin storing low-level radioactive waste from Studsvik Inc., an Erwin, Tenn.-based waste processor. Interim storage at WCS’ facility in Andrews County of this thermally processed Class B and Class C low-level radioactive waste will greatly reduce the risk and administrative burden of generators when compared to the use of multiple storage facilities across the United States, a news release said.

Understand: if this Waste Control scheme works out as planned, Andrews County could become the go-to disposal site for the nuclear power industry in 36 states. It’s also important to note that Class B and C waste are the “hottest” of the so-called low-level radioactive wastes, even more radioactive in some instances than “high-level” radwaste. Only two sites in the United States are licensed to handle Class C. Waste Control is very close to being the third.

How the Studsvik-WCS sheme works is complicated but important. As we wrote in April, Studsvik used to treat radioactive waste from 36 states and then send it to Barnwell, S.C., for disposal. But Barnwell closed its doors to all but three states in June 2008. Studsvik and Waste Control saw that coming. So, since at least early 2008 the two have teamed on a plan to send the waste once bound for South Carolina to Texas. Waste Control argued that it could indefinitely “store” the Studsvik-treated waste in underground storage vaults under an existing license. Tennessee regulators signed off on the plan but the Texas Commission on Environmental Quality told Waste Control that they would have to submit detailed plans.

Meanwhile, the company has been working to secure a long-awaited disposal license, which is ready to go except for some outstanding mineral rights issues. That permit allows for the burial of federal radioactive waste as well as commercial nuclear waste from Texas and Vermont.

Other states can be added to the license by a simple majority vote of the Perry-appointed Compact Commission. In yesterday’s press release, Waste Control made clear that it will take full advantage of this loophole “once all conditions of its low-level disposal license are met.”
And here’s the clever part, if you haven’t figured it out already: Under the WCS-Studsvik deal, much of that out-of-state radioactive waste will already be sitting in “storage” in Andrews, ready for burial. What are the chances that once they have nuclear stuff on-site for “storage,” it won’t end up in “disposal”?

Here’s where it gets a little strange. Back in 2008, TCEQ told Waste Control that if they wanted to do this, they would have to submit detailed plans. One sticking point was whether Waste Control’s storage license really allowed for “indefinitely” keeping the waste on-site. Storage generally means no longer than a year. According to a February open records request, WCS never submitted the required license amendment and the file was closed.

But Waste Control told me in February that they had decided that the license allowed them to bring in the Studsvik waste… and that the first shipment would arrive in late March or early April.

I then asked TCEQ if they were aware of WCS’ plans and if they had approved them. Their answer was basically no and no. This is a March 3 email from agency spokesman Terry Clawson:

TCEQ is unaware of a plan to start accepting resins generated by nuclear power plants outside of Texas for long-term storage. Although the existing license may allow for the acceptance of types of Class B and C low-level radioactive for storage limited to 365 days that can be handled according to existing procedure using a fork-lift, the current license does not authorize the acceptance of the type of nuclear power plant waste under the terms described by WCS in meetings and correspondence of 2008.

What changed between March and June? There is no record of an amendment to the storage license on the Texas Register or TCEQ’s chief clerk’s database. Is Waste Control just thumbing its nose at the regulators? Or has TCEQ’s legal brain trust found a way to fulfill Waste Control’s latest desire?  We’re trying to find out. When we do, we’ll update this post.

Voters in Andrews, the West Texas oil-town that’s ga-ga for radioactive waste, have an interesting proposition before them as they go to the polls this week. They’re being asked by Waste Control Specialists - who’s paying for the election - to authorize the issuance of $75 million in general obligation bonds to finance the construction of Waste Control’s radioactive waste dump. Even for a company that has a long record of ballsy moves, this one takes some major cojones.

Harold Simmons, who owns Waste Control, is the 146th richest man in the world, according to Forbes, down from 66th last in 2008. Even after losing $3 billion, the man is still worth $3.6 billion. But there he is, going before the people of Andrews (poverty rate: 16 percent) like a pauper with an open palm. Hubris, thy name is Harold Simmons.

It’s worth asking if some voters will understand what they’re voting on. The ballot, as approved by the Andrews County Commissioners Court, refers to a “solid waste disposal facility.” No mention of radioactive waste.

County Judge Richard Dolgener says he stands behind the wording.

“I feel [t]hat the ballot language is correct when the court voted on it to be placed on the ballot,” he wrote in an email and referred further questions to the county’s bond counsel, who did not respond to a phone call.

Granted, folks in the Andrews area have been hearing about Waste Control’s plans for radioactive waste for quite some time and may be well aware that they’re voting on an issue connected to that. On the other hand, a 2006 public opinion survey by Austin-based pollster Baselice & Associates produced some surprising results. (TCEQ ordered Waste Control to do a more scientific poll after the company submitted interviews with the town’s business and political elite, who were almost universally in favor of radioactive waste disposal.)

Some even think it’s a local landfill.

The company says it needs taxpayer-backed municipal bonds because credit is too expensive otherwise. At least a few people in Andrews who have supported the company through the years are now saying tough titty. One couple, Rhonda and Tom Stark wrote to the county and Waste Control:

My wife and I have an infinite respect for the work WCS does for the county and also, importantly for our country. We believe in nuclear power and responsible environmental protection.

My issue with you is the hasty, high pressure sales pitch and lack of disclosure about WSC’s [sic] and Valhi’s financial state.

Waste Control says the deal won’t cost the county a dime and that if something does go awry, the county will be left holding $500 million in stock and assets. But the Starks think the deal is still too risky. In an email to the Observer they pointed to the collapse of Valhi stock and Fitch’s downgrading of the company’s credit rating to ‘junk’ status. They also question the true value of WCS’ “assets” that the county would presumably own in the event of a bankruptcy.

“What’s the value of land, buildings and equipment contaminated by radioactive waste?”

Still, Waste Control continues to have the full faith and credit of the town’s business and government leaders. Here’s an excerpt of a recent Andrews County News letter to the editor from one Bob Stewart, Andrews businessman:

If you don’t think this is a credit problem, then you need to go back to the homework deal. There is a good reason that he is a Billionaire—why pay 16 percent when he can get 7.75 percent from Andrews. That is just good business!

Updated below

Just how crazy is the tea party movement? Crazy enough that elected GOP officials are now openly calling for the overthrow of the U.S. government because they don’t like Obama’s policies. Here’s an excerpt of a commentary by Daryl Fowler, the chairman of the DeWitt County (Texas) Republican Party. The commentary is currently posted on the main page of the DeWitt GOP website:

His [Obama’s] reign ends in less than four years, but the party could be over before then. If enough Americans stand up and reassert their God-given rights to institute governments and overturn those that are unjust. The movement in Texas and several other state legislatures regarding the 10th Amendment rights of the States is welcome on this page.

To put it as bluntly as possible: Republicans like Fowler don’t believe in democracy.

Update: Fowler responded to an email I sent him asking whether he was in fact advocating a government overthrow. He said (I think) that he wasn’t.

“I would say you are mistaken. The party may be over on November 2, 2010, but his term won’t end for another 1360 days.”

Fowler seems to be saying that he was just talking about the mid-term elections. Meanwhile, this whole 10th Amendment push, which Fowler welcomes, has taken on a reactionary, if not revolutionary tone. Just ask your friendly white supremacists over at Stormfront.