State Sen. Shapleigh demanded Gov. Rick Perry “clean up the mess” at the Texas Commission for Environmental Quality Monday, claiming the agency “protects polluters” rather than citizens.

The press conference represents another round in Shapleigh’s long battle with the TCEQ regarding the now permanently closed Asarco copper smelter in El Paso.

Joined by fellow Democratic Sens. Wendy Davis, D-Fort Worth, and Rodney Eillis, D-Houston, Shapleigh called for Perry to “analyze, streamline and improve TCEQ operations from top to bottom.”

“During this era of change Texas needs an agency that protects the public,” Shapleigh said.

The senators are particularly concerned with what they see as a “revolving door” between the commission and special interests, whereby TCEQ officials often end up being employed (on very good terms) by the companies the state formerly tasked them with granting permits to.

Davis cited former TCEQ Executive Director Glenn Shankle, who now works for a company called Waste Control Specialists as a lobbyist. In 2008, Waste Control Specialists was granted the permits needed to build a “massive radioactive waste dump” in West Texas even though TCEQ staff, some of whom later quit in protest, recommended the permits not be granted.

Davis believed that the permits were the result of “schmoozing” on the part of Waste Control Specialists and showed that the TCEQ, “has an ethics problem and it starts at the top.”

Shankle could not be reached for comment. The TCEQ told the El Paso Times that it stood behind its work, and the governor's office said that the senators had not discussed their concerns with Perry.

“The revolving door turns very quickly,” said Tom Smith, of Public Citizen, an environmental advocacy group. “Over the last 20 years a number of commissioners or executives directors have left the (TCEQ) and gone to work either as consultants or lobbyists for the big industries they were formerly regulating.

“They know where the loop holes are, they know where the weakness of the law are and they know how to help their new employees exploit those weaknesses,” said Smith.

The cozy links between industry and the TCEQ are the root cause of bad decisions, thinks Karren Hadden of the Texas based SEED coalition.

“They are making horrible decisions and sometimes those decisions are in complete contradiction to the recommendations of their staff,” said Hadden after the press conference. “That’s what happened with Asarco.”

Indeed, Shapleigh cited billing records from Baker Botts, Asarco's bankruptcy lawyers, that he says shows shady dealings between Asarco and the TCEQ back in 2008 during permit negotiations.

“What is happening is 10 hours of ex parte meetings, illegal meetings between a member of the commission and this company,” Shapleigh said. “That is why we say it (TCEQ) needs to be investigated and fixed…that is in our view the clearest example of what is happening behind the scenes on all these permits.” [NPT archive link]

Earlier this month a district judge ruled in Shapleigh’s favor ordering the TCEQ to release documents to the Senator, which he believes will reveal conclusive evidence of ex parte meetings. As a state lawmaker, Shapleigh can request documents that would otherwise be confidential, but he must maintain confidentiality. TCEQ has yet to release the records and may yet appeal the ruling.

“These documents should be released in 20 days,” Shapleigh said. “We want those records because those records will establish where these patterns (of undue influence) come from. When you see air permit after air permit denied by staff recommendations and then come to the commissioners and then get voted unanimously, we believe behind that are influences from industry that we want to let the people of Texas know about.”

Before the press conference ended, Ellis thanked Shapleigh for his efforts to clean up the TCEQ.

“One thing you don’t want to do is get him (Shapleigh) riled up because he is unrelenting. It seems perfect to have the red folders for this press conference because this issue is red hot,” said Ellis.