By Olka Forster
These quotes represent a small sliver of the articles, exposes, and critiques written about the Texas Railroad Commision throughout time and space. They reflect a common theme where commissioners take millions of industry dollars and yet claim that the money does not compromise their regulatory capacity. Indeed, the Railroad Commission, in addition to its regulatory duties, is charged with creating an environment where industry can prosper, and to that end they are extremely successful. Commissioners consistently express that the justification for maintaining a “business-friendly” Texas is to keep wealth in Texas and in the pockets of Texans.
Despite that claim, however, they consistently cost Texans money by signing on to lawsuits that seem less about good public policy and more about political grandstanding. Even if the Railroad Commission did not fight regulation, it would still be culpable of undermining Texans of their livelihoods and wealth. The agency consistently deigns to collect millions of dollars when oil and gas companies repeatedly violate regulations. This affects Texans pocketbooks indirectly through negative effects on Texans’ health and the environment we depend on.
The recent revelations from the El Paso Times about oil spills from flooding events reflects the Commission’s unwillingness to address a serious environmental problem caused by the oil and gas industry that has health and business impacts. A similar situation involves the hundreds of earthquakes that have occurred due, at least in part, to the disposal of wastewater and fracking fluids in disposal wells. Eventually, the Commission got around to hiring a seismologist and acknowledging the potential connection between disposal and seismic activity, but they still routinely approve more disposal wells with limited analysis. While executives in oil and gas and their bought commissioners get richer and richer, some Texans are getting sick from their drinking water and the rest of us are left worse for wear.
Third Times The Charm?
The Sunset Advisory Commission, which reviews and makes recommendations on the functions of state agencies, has reviewed the Railroad Commission an unprecedented three times (here, here, and here) in the last five years. In theory, the recommendations of the Sunset Commission should evolve into a bill that affects how the agency functions, amends any shortcomings, and determines if it should be allowed to continue to exist. In reality, the legislature has failed three times to pass a bill to reform the Railroad Commission and the agency is still allowed to carry on. That fact speaks to the incredible power and monetary influence of the oil and gas industry, who are willing to engage in aggressive lobbying to protect their profits and the status quo. The commissioners themselves frequently lobby against the very bills that would reform the agency.
It is only within this system that a travesty of nepotism like this could exist:
While we still have to wait for the next legislative session before we know the fate of the recommendations of the most recent Sunset report, the results of previous attempts to reform the RRC give an ill indicator for substantial change.
In previous attempts at reform, the majority of common sense changes have been rejected, including:
- A name change to reflect the true function of the agency
- Removing conflicts of interest (like dis-allowing donations from corporations with business before the Commission)
- Strengthening enforcement (including collecting and storing data on violations and levying fees against offenders rather than holding their hand into compliance then complaining about funding for the agency)
- Boosting oversight to prevent pipeline damage, violations during drilling operations, and unplugged abandoned wells
This year, the Sunset Commission again hammered away at the RRC’s deficiencies on many of the same points made in previous reviews. This time, the scathing review ended with a criticism of legislators failing to enact agency reform and urged them to stop wasting the time and resources of Sunset Review staffers. We at the Sierra Club applaud the work and frankness of the Sunset Advisory staff and put forward our own recommendations to regain and strengthen the health of our environment and the agencies commissioned to protect it.
“If the life of natural things, millions of years old, does not seem sacred to us, then what can be sacred? Human vanity alone? Contempt for the natural world is contempt for life.” ― Edward Abbey, Beyond the Wall: Essays from the Outside
The Railroad Commision, and the companies that support them (oil and gas) often claim that we (environmentalists) in tandem with the federal government want to stifle business, cost Texans their jobs and money, and force the fibers that make Texas an economic power to decay.
They skirt the fact that the people of Texas who aren’t employed by the oil and gas industry have bank accounts too that would grow, but we simply aren't willing to do it to the detriment of the health of our communities, our neighbors, and our fellow Texans. The true wealth of Texas isn’t in dollars for a few greedy companies. The true wealth of Texas can be felt in camping trips through Big Bend, experienced in the summertime swims in the creek, and cherished when our water, air, and land is healthy for ourselves, our children, and our community.