Monday, May 25, 2009

Kelly Feature: Crime Scene Cleanup

As evidence in the Toxic Triangle whodunit disappears, so does the possibility of justice for its victims
EPA’s Gary Miller explains how the Kelly plumes are slowly shrinking at an April 15 public meeting.
Two generations of SWU activists: 67-year-old Robert Alvarado and 20-year-old Diana Lopez answer questions after the April 15 EPA meeting.

It’s been more than two decades since plumes of toxic chemicals were discovered seeping from the former Kelly Air Force Base into the soil and groundwater under the surrounding neighborhoods. More than 20,000 homes sit above these plumes in an area residents have come to call the “Toxic Triangle” because of higher than normal rates of cancer and birth defects.

Residents of the Toxic Triangle who have watched neighbors and family members sicken and die believe those chemicals — primarily trichloroethylene (TCE), a degreasing agent, and tetrachloroethylene (PCE), a paint stripper and dry-cleaning chemical — are the cause of the area’s high incidences of liver, kidney, and other cancers. The official studies have been inconclusive, but two recent developments have led area residents to believe their suspicions were warranted all along.

In March, a Congressional subcommittee released a scathing report criticizing the work of the Agency for Toxic Substances and Disease Registry, the federal agency originally tasked with assessing the health problems near Kelly. Shortly after that report was released, the Current discovered that a cancer expert hired in 2006 to analyze data from the Toxic Triangle was threatened with legal action if he spoke about his results. His report, released to the Current this month by the San Antonio Metropolitan Health District, argues that the Air Force’s toxic legacy may indeed be responsible for some of the neighborhoods’ health problems.

The Air Force dumped TCE and other chemicals used for aircraft maintenance into open pits on the base for decades. In addition to TCE and PCE, Kelly workers also used and dumped dichloroethene (DCE), benzene, vinyl chloride and thalium.

“One former worker admitted he was under orders annually to drain vats of chemicals into the ground during the Christmas holidays,” reported the Express-News in 2006. Toxic Triangle resident Yolanda Johnson told the LA Times in 2006 that those chemicals periodically flooded the area during heavy rainstorms, sending the overflow through surrounding streets that lacked storm drains. In the same article, local hydrologist George Rice said it was known that people in the neighborhood had used shallow wells, dug illegally, for drinking water, gardening, and washing cars. The Air Force has capped some 75 such wells.

When San Antonio Metro Health commissioned a study of liver cancer in southwest San Antonio in 2006, the Texas Cancer Registry provided data confirming 319 cases of liver cancer in the 14 ZIP code study area near Kelly between 1995-2003, versus 381 cases in Bexar County’s 61 other ZIP codes. Male liver-cancer death rates were found to be “significantly higher than expected” in three of the studied ZIP codes. The Texas Department of State Health Services has found elevations of birth abnormalities in the area such as Down syndrome and lung defects, while ATSDR has reported elevated rates of lung and kidney cancer, as well as leukemia.

“We call ourselves the living dead, because we know our time is coming because of the plumes that were there,” says 67-year-old Toxic Triangle resident Robert Alvarado, who is on a list for a kidney transplant, and is almost blind due to an aneurysm. His wife and one of his daughters were treated for thyroid cancer, while his cousin Mary Lou Ornelas, who worked at the base for 18 years, developed liver cancer and died in 2006 at age 59.

Alvarado and his family have lived in the predominantly Mexican-American neighborhood for almost 40 years. It’s an area where many of the ’50s-era houses appear somewhat dilapidated, while others may be modest but are well-kept. Poverty is high. Per-capita income for District 5, where much of the Toxic Triangle sits, was projected by the Westside Development Corporation to be less than $11,000 in 2008.

Working with the non-profit Southwest Workers Union, Alvarado helped found a group called the Committee for Environmental Justice Action. To highlight the extent of the area’s health problems, they distributed purple crosses to homes where at least one family member had been diagnosed with cancer. They chose purple, Alvarado says, so that the crosses would stand out in the yards. In 2006, the Current reported that SWU members had knocked on 350 doors in the triangle; half of those homes qualified for a purple cross.

Agencies in charge of the base’s cleanup tend to speak and act as if the situation is nearing resolution, despite the community’s continuing health problems and accompanying decline in property values. Since 1999, the Air Force has spent $320 million on Kelly cleanup, including the installation of underground barriers and a pump-and-treat system to flush contaminants.

“The plumes are slowly shrinking, and the remedies are in place,” said the Environmental Protection Agency’s Gary Miller at an April 15 public meeting.

But as the plumes diminish, so does the possibility of linking the area’s illnesses to Kelly’s chemical trail. ATSDR conducted studies in the ’90s that acknowledged increased levels of liver and kidney cancer, as well as leukemia, among the area’s residents, but none of those studies connected the illnesses with the chemical plumes. The EPA recently conducted two rounds of indoor vapor testing in 29 total homes in the Toxic Triangle, to address concerns that gases from the plumes might pose a threat. But Miller reported in mid-April that the second round of February tests, like an initial round conducted last May, did not find significant exposure levels.

While the EPA was brought in to conduct the vapor tests, the Texas Commission on Environmental Quality has been in charge of monitoring the Kelly cleanup, because despite the extent of the contamination, the base has never been declared a federal Superfund site. Such a designation would have enabled citizens to hire outside experts of their choosing to study the situation through the EPA’s Technical Assistance Grants.

EPA press officer Dave Bary says the EPA didn’t designate Kelly a Superfund site because it was “not an abandoned site, like virtually all Superfund sites are.” The active Hill AFB in Utah is a Superfund site, however, as is Camp Lejeune in North Carolina. SWU filed a federal civil-rights complaint in 1999 alleging that failing to classify Kelly as a Superfund site constituted a civil-rights violation against the Mexican-American communities surrounding the base. The Lone Star chapter of the Sierra Club later joined SWU in filing a petition with the EPA and then-Governor George W. Bush to designate Kelly a Superfund site, but the campaign failed.

A troubling military legacy

The problems that plague San Antonio’s Toxic Triangle are just one example of the military’s considerable environmental liability. The Associated Press reported in 2007 that the EPA is overseeing cleanups of TCE and PCE at more than 150 military installations, including the Camp Lejeune marine base in North Carolina, where contamination of the base’s tap water exposed residents to the chemicals. The AP reported that 850 former residents of Camp Lejeune are seeking $4 billion in damages, which comes out to about $4.7 million per person.

Retired Marine Master Sgt. Jerry Ensminger lost a 9-year-old daughter who was conceived at Camp Lejeune to leukemia he believes was caused by the base’s water. He says the dollar figures at stake make it easy to see why Uncle Sam has been stonewalling efforts to connect the contamination at such sites to neighboring health problems.

“It’s one of the reasons the Department of Defense is throwing so many assets at this thing,” said Ensminger. “When you’re fighting a government agency who is the defendant … they’ve got all the financial assets of all the taxpayers in the United States. They’re using the taxpayers’ money as weapons against us.”

Camp Lejeune’s plaintiffs have been stalled in their tracks for the past two years. A June 2007 Government Accountability Office investigation reported that the Navy Judge Advocate General was waiting to rule on the claims until the office received a report from ATSDR regarding how the water affected babies in utero. The GAO said the ATSDR report was expected by the end of 2007, but ATSDR has yet to deliver its findings.

Ensminger recently visited Robert Alvarado and the Toxic Triangle for a documentary being filmed about the environmental contamination of communities caused by military
activities.

“For the life of me, I don’t know how the Air Force got away with [Kelly] not being declared a Superfund site,” Ensminger said.

Conflicts of interest

In mid-March, Congress released a report harshly criticizing ATSDR for its shoddy analytical work. It cited Kelly AFB and Camp Lejeune among 10 prime examples.

“The Subcommittee has heard from many sources examples of jackleg science by ATSDR and their keenness to please industries and government agencies that prefer to minimize
public health consequence,” said Chairman Brad Miller (D-NC) when his
Committee on Science and Technology released its extensive indictment.

The report says ATSDR “often obscures or overlooks potential health hazards, uses inadequate analysis, and fails to zero in on toxic culprits,” and that, “Time and time again, ATSDR appears to avoid clearly and directly confronting the most obvious toxic culprits that harm the health of local communities throughout the nation.”

The section on Kelly features criticism by University of Maryland toxicologist Dr. Katherine Squibb, who reviewed ATSDR’s work in 2000 and 2002 after being hired by the Technical Review Committee of the Kelly Restoration Advisory Board. Squibb found that ATSDR’s analysis at Kelly was based on minimal information, that some Air Force studies ATSDR relied on for its conclusions failed to measure important exposure pathways, and that ATSDR failed to adequately assess whether some chemicals migrated off base.

“It is questionable as to whether ATSDR’s conclusion that no public exposure to contaminants occurred through domestic use of groundwater in the past is correct,” wrote Squibb. She also concluded that ATSDR had examined health risks from exposure to soil from a part of the base only after it had been cleaned up.

A 2001 ATSDR report again acknowledged high rates of cancer in the Kelly area, but did not attribute them to the plumes. When questioned in February 2009 about possible alternate causes for the neighborhoods’ health issues, ATSDR said that since they were no longer active at the base they would have to defer the question to TCEQ. TCEQ, in turn, said they couldn’t speak for ATSDR.

David Fowler, ATSDR’s lead health assessor for its Kelly study, issued a statement in early March saying that it is “unlikely” that groundwater contamination is responsible for the Toxic Triangle’s cancer cluster since the plumes were just beginning to move off base at the time of its initial investigation in 1996, and because the contaminated aquifer was not a source of drinking water.

But Squibb says ATSDR’s conclusions about the groundwater near Kelly were based on weak data.

“[The chemicals] got into the groundwater initially on base where they were being dumped, and then it takes a while for the chemicals to move and spread out in the groundwater. So they were going by data that supposedly said, OK, we’ve tested off base and we didn’t find them earlier, but now we’re just finding them near the base line, so they’re just now moving off base and therefore they weren’t there before. But if you go back to that reference, the data that ATSDR used … that was not a very good, comprehensive study. So maybe it hadn’t moved off base in that area yet, but it may have moved off base in other areas.”

Squibb said ATSDR’s problems are part of a broken system.

“If we’re going to fix this, we need to fix the system,” said Squibb. “If you read through their reports, a lot of times they’ll say there’s not enough information to make a decision … and that’s where there’s a real failure of follow-up.”

San Antonio Metro Health’s studies show that the agency has relied on ATSDR’s research as a foundation for much of its own work in the area. Yet, in mid-April, Metro Health Director Dr. Fernando Guerra admitted that he hadn’t yet read the 33-page Congressional report.

Guerra suggests that preexisting conditions, such as cirrhosis, and lifestyle choices such as tobacco use and diet, are responsible for the Toxic Triangle’s high rate of liver cancer. “What I can say with fairly good evidence is that there seems to be a background rate [of illnesses] that perhaps indicates some prior exposure…. or risk-taking behavior,” said Guerra.

But hydrologist George Rice, a former Kelly Restoration Advisory Board member and current Edwards Aquifer Authority board member, says Guerra has consistently downplayed any potential link between Kelly and the neighborhoods’ health issues.

“Dr. Guerra would always be brought in to pooh-pooh that stuff,” said Rice, who served on the Kelly RAB from 1994-2004. “I don’t have a lot of faith in Metro Health when it comes to Kelly.”

I doubt that EPA, TCEQ, or Metro Health will give much attention to the new Congressional report,” said Southwest Workers Union Environmental Justice Coordinator Lara Cushing the week before Guerra was interviewed. “They’ve made up their mind on this community long ago.”

A buried report

San Antonio Metro Health hired Maryland-based contractor HealthCare Resolution Services to conduct its 2006-07 liver-cancer study in the 14 ZIP code area adjacent to Kelly. Cancer cluster expert Tim Aldrich from East Tennessee State University was hired by HCRS to lead the study.

Aldrich seemed eminently qualified, with a Ph.D. in Epidemiology from the University of Texas and minors in Biostatistics and Environmental Health. He’s been widely published by various journals and medical associations during the past decade.

Aldrich’s analysis suggested that even after weighing all other potential factors — such as lifestyle and genetics — 36 known cancer cases remained unaccounted for.

“This study found conspicuous evidence of clustering of communities with elevated liver cancer rates nearby to the former Kelly AFB … 11.5 percent of the local area cases may be attributable to residing over the Kelly PCE plume,” Aldrich’s report says, recommending that “further research of the liver cancer risk in Bexar County is justified and feasible.”

But the community never saw Aldrich’s conclusions. The Express-News reported in 2007 that Aldrich’s study was “quietly released” to city council but that a planned meeting to announce the results to those living in the affected neighborhoods was never held.

Metro Health subsequently convened a “blue ribbon” panel to review Aldrich’s report, which was promptly discredited and never published.

The panel determined that “of particular concern as an outcome of this report was its discussion of attributable risk. The panel felt that this study, as presented, could not accurately conclude anything about attributable risk.” The panel also took the report to task for lacking critical information such as a description of the chemicals that left the base and which ZIP codes were affected.

But Aldrich says he is not allowed to defend or explain his report because Metro Health contractor HealthCare Resolution Services has threatened him with a breach-of-contract lawsuit if he discusses his research with the media or publishes the report. When the Current contacted Aldrich to request an interview, he said he was required to direct such inquiries to either Dr. Guerra or HCRS President Brenda Doles, who happens to be a co-preparer of Aldrich’s report.

Dr. Guerra and other Metro Health officials denied knowledge of the alleged lawsuit threat.

Meanwhile, Metro Health’s “blue ribbon” panel contains two significant flaws of its own. The panel was composed of four prestigious sounding professors, but the chair of the panel, Dr. Arthur Frank from Drexel University, admitted to a possible conflict of interest.

“The only notable potential conflict of interest was that Dr. Frank has an adjunct academic appointment at the School of Aerospace Medicine at the Air Force facilities in San Antonio, and has worked with the Air Force on occupational medicine residency activities,” says the panel’s review. “This was shared with the group, and is therefore noted in this report.”

Metro Health Public Relations Manager Christine Patmon says Frank is a top-notch scientist involved in many projects, “as most scientists are,” and that since he declared his potential conflict, Metro Health did not consider it an issue.

Patmon says Metro Health put together the panel with the assistance of physician consultant Dr. James Wittmer. Wittmer happens to be a fellow of the Aerospace Medical Association. The ASMA has no official affiliation with the Air Force, but many of its members are current or former Air Force employees.

“They got their own people to do the investigation,” said Robert Alvarado. “We’ll never get out of the circle with the same information. It’s a dog and pony show.”

The panel further recommended that “while an epidemiological study would be potentially feasible, it would be a massive undertaking and extremely expensive.” They instead suggested that “other ongoing scientific investigations that might shed light on this overall issue” should be pursued. These included estimating the rate of hepatitis in the area, as well as “a study of possible aflatoxin contamination of corn used to make dietary items in the Hispanic population (e.g. tortillas.)”

Aflatoxin is a toxic mold that can grow on corn and other crops. Documentation of such exposure, however, has most commonly been observed in agricultural and developing economies. SWU Environmental Justice Coordinator Lara Cushing says the community was disgusted by the aflatoxin theory. SWU handed out popcorn and “toxic” Kool-aid in protest at the meeting where Metro Health announced the aflatoxin study by Texas A&M.

“We brought our concerns to Dr. Guerra, who agreed to meet with us but then never did,” said Cushing. “We found it particularly outrageous that cancer patients were being asked to further the research goals of a scientist with money that could have been spent on cleanup or health care for community members.”

Metro Health officials insist that Aldrich’s research was flawed and that the agency had no desire to withhold anything from the community.

“[Aldrich’s] info was of concern because it wasn’t jiving with what we already had from the state,” said Guerra. “It was clear that he exceeded what he was meant to have done and there was concern about methodology.”

Guerra says that Metro Health’s standard contract reserves the right not to publish reports it commissions. He deferred the Aldrich issue to HCRS. HCRS’s Doles refused to address Aldrich’s allegation.

“You’re barking up the wrong tree,” Doles said. Asked point blank if she would confirm or deny that she personally had threatened Aldrich with legal action if he speaks about his Toxic Triangle research, Doles issued a “no comment” and said, “I can only refer you back to the City of San Antonio.”

The “blue ribbon” panel’s conflicts of interest pale in comparison to those of HCRS, a Maryland-based company that has boasted of its “roster of Air Force clientele.” When Doles was recognized in 2006 as one of the Washington Business Journal’s “Women Who Mean Business,” a press release indicated that HCRS’s revenues had “skyrocketed” to $7.4 million in 2004, $12 million in 2005 and a projected $20 million in 2006 “thanks to successfully fulfilling numerous government contracts, including several high-profile ones in the military.”

Austin-based environmental attorney Rick Lowerre, who represented SWU’s Committee for Environmental Justice Action when they requested a contested case hearing over Kelly’s closure plans in 1998, says the situation with Aldrich is very unusual. Lowerre says Aldrich’s research could be used by a trial lawyer to convince a jury that Toxic-Triangle residents are at increased risk for cancer due to the plumes from the base, and that the Air Force should pay for the community’s health problems.

U.S. Representative Charlie Gonzalez has helped earmark money over the years for Metro Health’s Public Center for Environmental Health to attempt to assess and treat the health issues in the region. But he doesn’t seem troubled about Metro Health’s decision to bury the Aldrich report.

“Neither you nor I can in any way modify [a] contract that we have nothing to do with,” said Gonzalez. He said he felt Metro Health was being forthcoming by sending the Current a copy of Aldrich’s report.

As the cleanup around Kelly proceeds, the beleaguered community feels time is running out to prove that the Toxic Triangle’s health problems were caused at least in part by the Air Force’s negligence. The base is in the process of being privatized as the Port San Antonio industrial park, and when the cleanup is deemed finished, the Air Force will be able to wash its hands of its toxic legacy at Kelly.

“The Air Force wants to walk away from Kelly by the end of next year and leave behind highly contaminated soils and water, cleanup procedures expected to take decades, and a contaminated Leon Creek,” said SWU’s Cushing. “Failing to connect the cancer epidemic to the contamination essentially lets the Air Force get away with murder, because without this missing link the Department of Defense is never held to account for the suffering of workers and the community.”

Thursday, May 21, 2009

No CPS rate hike without Oversight

RE: Concerns over fuel surcharge increase for STEP and lack of accountability within CPS

Dear San Antonio City Council and Mayor:

San Antonio and CPS Energy have made important strides towards a new energy future over the last year. Responding to public outcry over multi-million dollar expenditures for nuclear expansion plans and a complete lack of commitment to the much less costly alternative of efficiency, CPS agreed to aggressively pursue solar and conservation programming. The STEP program is the fruit of that, and as such represents an important and wholly necessary commitment to an energy policy that will ensure long-term sustainability, lower bills, and create much-needed local jobs.

That said, SWU would like to take Thursday’s vote as an opportunity to highlight some important concerns regarding CPS’s commitment to energy efficiency and the STEP program. We all appreciate the huge opportunity that San Antonio’s wasteful energy use presents in terms of future savings, and the goal of 771 MW savings is a good one. However, though the fuel efficiency surcharge to fund STEP is small in magnitude, its structure nonetheless represents a regressive and disproportionate impact on low-income families. It is administered on a household rather than per capita basis, and lower income families often have higher usage because more people are living under one roof. So while higher occupancy is an inherently more efficient and environmentally-friendly lifestyle than that of a two-car, 3,000 square-foot surburban house home to only two, the poor family is impacted more by this fuel charge.

At the same time, while the charge can easily be recovered through the installation of compact fluorescent lightbulbs and other energy-saving technologies, it is important to recognize that the upfront capital costs to purchasing those technologies are a real barrier to low-income families being able to offset the increase on their bills. This is the same reason that rebates are discriminatory, in effect a subsidy to those wealthy enough to afford solar panels and completely excluding those who are living month to month for whom an out-of-pocket expense of $10,000 for a solar array or $600 for a more efficient fridge or washing machine are equally out of reach. Funding rebates through a regressive rate increase effectively transfers wealth from the poorest San Antonion’s to the relatively wealthy.

The only way to salvage the STEP program to truly benefit San Antonio’s low income families currently struggling to meet the challenges of rising energy costs, job losses and increasing cost of living is to make equity and opportunity a pillar of CPS’s bottom line. This has to go far beyond keeping rates low. STEP’s commitment to weatherize 2,000 low-income homes annually is long over due, but doesn’t go nearly far enough in a city with our amount of poor housing stock. Given the average cost of weatherization, more is being allocated for “new home construction,” which could more cost-effectively be achieved through green building codes. In general, the bias towards rebates rather than creative funding mechanisms to overcome upfront cost barriers to efficiency improvements for low-income families is discriminatory and does not leverage the huge “low-hanging fruit” energy savings waiting to be harvested in the homes of poor families across the city.

Beyond STEP, CPS needs to prioritize local solar construction and weatherization programs to create local jobs over nuclear expansion plans that will require regular rate hikes and do nothing to lift up the city. CPS is using the cost of conservation programs as a smokescreen for its pet project: adding two nuclear reactors at the South Texas Project. Last year, a 3.5% rate hike resulted in windfall profits for CPS. Why then were rebate programs de-funded in 2009? Where exactly were those windfall profits invested? CPS continues to find hundreds of millions of dollars to “study” the expansion of the South Texas Nuclear Project while the lower annual costs of efficiency programs must be shouldered by rate hikes and fuel surcharge increases for ratepayers, despite the federal funding San Antonio recently received for school energy efficiency programs. Poor families spend proportionally far more on energy than well off families, and absolutely feel these rate hikes much more keenly. CPS’s attempt to shield the ill-conceived and reckless nuclear investment from public dialogue is insulting and inexcusable and not at all in keeping with transparent and participatory decision-making appropriate for a public utility.

It is also completely unacceptable for CPS to be spending $90,000 of ratepayer money to lobby against federal climate change legislation that San Antonio desperately needs to coordinate a national response to prevent the disastrous impacts of global warming. As a municipal utility, CPS cannot be urging Charlie Gonzalez to water down climate legislation at the same time as the mayor is asking him to support it.

For these reasons, Council should withhold charge and rate increases as long as CPS continues to act with impunity against the interests of San Antonio, and even the position of its mayor. As long as CPS continues to mortgage San Antonio’s future on nuclear, oppose climate change protections, and stall on real, sustainable solutions such as solar and efficiency that prioritize poor families, Council must exercise the one power it has: withholding fee increases and rate hikes.

Tuesday, May 19, 2009

Federal lawsuit seeks to invalidate Hondo recalls

HONDO — A lawsuit filed Monday seeks to void the recall of three City Council members, saying the May 9 election deviated from provisions in the city charter and disadvantaged minority voters.

Attorney Jose Garza brought the action in U.S. District Court in San Antonio. The lawsuit alleges that the ballot's format and language were flawed, and that the required election pre-clearance wasn't obtained from the U.S. Department of Justice.

The ballot had “remove” improperly translated into Spanish as “revoke,” he said, and the recall targets were lumped into one proposition, rather than having a separate vote on each person, as called for by the city charter.

Mayor Jim Danner said he wasn't surprised by the city being sued over the bitter election, the outcome of which was affirmed in a recount.

Garza said Danner created another cause of action Monday by telling city staff not to accept filings by those recalled to run in the July 14 special election to fill the vacancies.

Danner announced his directive at a special meeting Monday called by lame-duck Councilmen J. Gruber and Vance Tomey, who lost re-election bids in Places 1 and 2 to Mike Sanchez and Clyde Haak, respectively.

In the meeting audience were Virginia Gonzales, Lucio Torrez and Chavel Lopez, recalled as of last Tuesday from Places 3, 4 and 5, respectively.

Danner concluded they were ineligible to run July 14, citing a charter passage that says a recalled councilman “shall not be a candidate to succeed himself in an election called to fill the vacancy created.”

Council members are elected by at-large places and don't represent specific areas of the city.

Danner said he didn't consult an attorney, but conferred with locals who worked on the inaugural home rule charter, adopted in 2007, and said they intended that anyone recalled would be ineligible to vie for any seat in elections to fill spots vacated by a recall.

Torrez and Lopez complained about being barred from speaking at the brief meeting. Torrez called Danner's actions another case of rules being bent.

Garza, who represented Torrez at the ballot recount Friday, also took exception to Danner's blocking those recalled from seeking a seat other than the one they had held.

No charter provision gives the mayor authority to so interpret it or direct staff, Garza said, adding, “He's essentially a figurehead that breaks tie votes on the council.”

Danner, Sanchez and Haak were to be sworn into office Monday evening.

Sunday, May 17, 2009

Hondo still unsettled after bitter election

By Zeke MacCormack - Express-News

HONDO — The new era in this city's governance that dawned a year ago — then quickly devolved into nonstop feuding — ended abruptly this month with the recall of the three Hispanic City Council members who'd promised to enact “real change.”

Whether their ouster was the result of a race-tinged power struggle between Anglos and Hispanics or just the budget and spending politics of a small Texas town is a question the U.S. Justice Department is evidently asking — federal monitors watched the election, though the agency won't say why, when its scrutiny would be finished or even if the findings would be made public.

The Justice Department enforces the Voting Rights Act, which ensures racial fairness in elections — and claims of racism and voting irregularities were still being made as a recount Friday failed to change the election outcome.

Council members Chavel Lopez, Lucio Torrez and Virginia Gonzales were recalled by a vote of 1,084-1,041, the recount showed. Voters also kicked out two Anglo incumbents running for re-election.

The election is unlikely to restore calm to the fractured community of about 10,000 people, about 60 percent Hispanic. Both camps already are lining up candidates for a July 14 special election to fill the vacancies.

Tracks, but no clear line

Some say Hondo is mired in ethnic strife. Others say it progressed beyond such divisions years ago.

The city manager, police chief and city secretary are Hispanic.

After the city incorporated in 1942, it took 26 years before the first Hispanic was elected and 10 more before the first woman joined the council, according to published reports.

Since 1986, however, Hispanics have been elected to a council majority 10 times, twice with all-Hispanic councils.

The recall's petitions accused Lopez, Torrez and Gonzales of undermining the city's financial stability, but Lopez contends the true aim was to wrest the council away from the Hispanic majority.

“It's an issue of racism and control,” said Lopez, a labor organizer who founded the Hondo Empowerment Committee, a local residents action group.

Among those contesting that claim is former four-term councilwoman Carmen Hernandez, who backed the recall after seeing the trio enact initiatives — often without debate — that she called financially irresponsible.

She cited the decision to cover a budget shortfall by using certificates of obligation meant to expand city facilities.

“I don't think it's a racist community,” said Hernandez, 79. “They dwell in the past.”

She said Lopez's empowerment group initially backed her, but then called her a “coconut” — brown on the outside but white inside — when she didn't adhere to its agenda.

There was surprise on both sides in an election in which neither could claim victory. Only Mayor Jim Danner retained his seat, beating challenger Jamie Johnson.

William “Sarge” Ney, 93, said backers of those who lost last year's election undermined the new council majority and that the recall has torn the town “up one side and down the other.”

Beverly Garza said the recalled officials did “a great job,” citing a citywide cleanup that removed piles of appliances and tires and a vote by officials to limit an electric rate increase.

Locals are split geographically by railroad tracks that bisect town, she said, with affluent neighborhoods to the south competing for city resources with more modest ones to the north, such as hers.

“It's not a matter of a racist thing,” said Garza, 48. “It's a matter of what gets done where.”

South-sider Connie Harrison backed the recall for pocketbook reasons.

“They wanted to spend a lot of money that didn't seem necessary to me,” said Harrison, 79, citing initiatives to help lower-income residents insulate homes and replace energy-wasting appliances.

But she added that some of her acquaintances had deeper concerns. “My neighbors were scared that the city would be taken over by Hispanics,” she said.

Mayor Danner and Jim Barden, who held the post from 1995 to 2002, say infrastructure spending in recent years has been concentrated in the older northern sectors.

“I don't think there are racial problems more than in other communities,” said Barden, now Medina County judge. “But there are elements that will trade on that.”

Unsettled issues

Tensions ran high Friday at City Hall, where a record 2,121 ballots were recounted, even as officials struggled with issues unresolved by the election results.

City Secretary Yolanda Benitez expressed confidence in the integrity of the election day polling she oversaw.

“There may have been a couple of minor mistakes here and there, but we corrected them,” she said.

The recount added to Mike Sanchez's narrow victory against incumbent J. Gruber, with the result now at 1,059-1,053. Gruber and Councilman Vance Tomey, who was also defeated, often clashed with those recalled.

Lopez said he's considering legal action to contest the recall election, which he said was illegal because of the ballot format.

Residents should have been able to vote whether to recall each individual, he said, instead of voting for or against the single proposition that ousted all three.

Danner said the city attorney is examining that claim, as well as whether those ousted can run for a council seat other than the one they had occupied — as Lopez and Torrez say they plan to do. The council will discuss it at a special meeting Monday.

Another item on the agenda is whether Sanchez, due to be sworn in later Monday, is ineligible to take office because he owed the city money when elected. Noting that Sanchez had paid off the outstanding fines, Danner said, “I think it's a dead issue.”

Thursday, May 14, 2009

Charlie LOVES nukes (and CPS)

Charlie has thrown his hat in with making San Antonio nuclear and getting federal money for it... it is NOT green and will NOT bring jobs to our city, unlike solar and energy efficiency.

Call NOW and tell Charlie the people want clean, green energy, no nukes and green jobs.
call at (202) 225-3236 or at (210) 472-6195

from SA Express News
Energy issue puts heat on Gonzalez

As tension mounts over legislation designed to fight global warming and spur renewable energy, forces on both sides of the issue are targeting the swing vote of U.S. Rep. Charlie Gonzalez.

But the San Antonio Democrat, who said he's confident a compromise can be reached on the bill, said he won't support the legislation until some changes are made to protect the utility industry — particularly CPS Energy and its investments in nuclear power.

Gonzalez, who's on the key Energy and Commerce Committee, is among a few moderate Democrats who haven't thrown their support behind the American Clean Energy and Security Act.

This has stalled the efforts of Committee Chairman Henry Waxman, D-Calif., and the Obama administration to push the legislation through committee by Memorial Day.

The political wrangling has put Gonzalez at the center of intense lobbying efforts and made him the target of several activist groups.

Among them, MoveOn.Org held a rally in San Antonio this month and VoteVets.Org ran a series of TV ads last week urging Gonzalez to support the bill. Several local politicians, including Mayor Phil Hardberger, have penned letters asking the same thing.

But Gonzalez said the voices he's hearing loudest on the issue come from CPS Energy.

His office and the city-owned utility are in daily contact. On the utility's behalf, he's lobbying for a better treatment of nuclear energy in the bill.

“Nuclear is a greenhouse gas-free way of generating electricity and it is not treated as favorably in this bill as renewables,” Gonzalez said. “Nuclear is a means to an end. I don't want it discouraged.”

Gonzalez said he'd like to see nuclear put on par with renewable energy like solar and wind, or at least not counted against federal renewable energy requirements.

The bill's official language has yet to be released, but sources in Washington said it could require as much as 25 percent of the country's energy to come from renewable sources and energy efficiency by 2025.

The issue could be important for San Antonio. CPS Energy leads the country in the use of wind energy among municipally owned utilities, but it also owns 40 percent of the nuclear South Texas Project and is debating spending billions in a deal to build two more nuclear reactors at the Bay City site.

Gonzalez also wants some guarantees on the number of credits available for the utility sector under the cap and trade scheme likely to be created to reduce greenhouse gases. And he wants a large portion of those credits to be given to the utilities for free instead of being auctioned off, as President Barack Obama has called for.

Gonzalez's positions are in line with most of the Democratic holdouts. They tend to come from areas where coal or heavy industry holds major political clout. Gonzalez and Houston Democrat Gene Green, for instance, are meeting with party leadership in an effort to ease the bill's impact on the refining industry.

His positions haven't gained Gonzalez any kudos from Texas environmental organizations.

“I certainly understand that as a representative, he's sensitive to local interests. But I'm worried that he is putting CPS Energy above a large group of constituents and local officials who have encouraged him to be aggressive in supporting clean energy,” Luke Metzger of Environment Texas said.

Gonzalez countered that he's trying to protect San Antonio residents from increased energy bills that could result from a new climate bill.

“The question I ask is can CPS Energy still deliver affordable electricity to our constituents,” he said. ‘You will be paying penalties if you don't meet these mandates. Going green is going to require more green.”

Despite the Democratic holdouts, some in Washington believe Waxman is very close to gathering the needed votes to move the bill through committee. Tony Kreindler of the Environmental Defense Fund said Waxman could unveil a bill as early as today.

“The vote on this committee is actually much bigger than the committee itself,” he said. “It's a very diverse committee with regional commitments. If they can broker an agreement in Environment and Commerce, it sends a very strong signal to the House... and similarly to the Senate.”

Wednesday, May 13, 2009

Mayor - City pushing midnight Energy Rate Hikes

In the final month of the reign of mayor hardberger, it appears he is sticking to his desire to keep the city nuclear. The city is considering TOMORROW whether to increase energy rates even further. Call your council person today to say NO to rate hikes, NO to nuclear.

To: San Antonio City Council and Mayor Hardberger:

13 May 2009

Southwest Workers Union, the Youth Leadership Organization and the Committee for Environmental Justice Action denounces the vote on another rate increase for CPS Energy without adequate public involvement and a clarity on the allocation of all of CPS Energy’s current and proposed income. We express disappointment in the attempt for a midnight regulations by the outgoing mayor’s office and councilpeople and the lack of transparency from both the city and our energy company.

As ratepayers, residents and working families, we already face numerous challenges during a recession to maintain safe and healthy families and pay energy bills. The community has not been informed about the need for the rate hike nor offered a sufficient opportunity for residents to voice their concerns and get questions answered.

We request that the vote on any new rate hike be postponed until appropriate until the City actively seeks the input from its residents.