Dirty Air, Dirty Money: Grandfathered Pollution Pays Dividends Downwind in Austin

home | table of contents | previous | next

Earlier, this report analyzed the investments that grandfathered industries have made in a handful of key Texas politicians. While these politicians are among the best positioned to clean up grandfathered smog if they took a mind to it, they are not the only politicos positioning themselves downwind of the grandfathered- polluter windfall.

Unable to account for all the money that grandfathered polluters spend to influence Texas government, this study analyzes the total political expenditures that the so-called "Dirty 30" made from December 1995 to March 1998. The Dirty 30 polluters are the top emitters of grandfathered, smog-forming nitrogen oxides into Texas air. Texas Ethics Commission data show 32 registered political action committees (PACs) affiliated with Dirty 30 companies.⁷ The Dirty 30 PACs spent a total of $2,513,912 from December 1995 to March 1998 to influence politicians.⁸

These same polluters spewed 554,335 tons of grandfathered emissions into Texas skies in 1995, including more smog-forming nitrogen oxides (NOx) than get emitted annually by 11 million cars (Texas has 9 million licensed cars statewide).

The Grandfathered Air Pollution report found that three interrelated industries account for most grandfathered emissions: the utility, petrochemical and oil and gas industries. These industries spend heavily to influence Texas officials on a range of issues. In the 1997 session, for example, utility deregulation was a major battle, with different kinds of utilities taking opposite sides. The amount of grandfathered money flowing to members of the House grandfather subcommittee, however, makes clear that defending grandfather pollution privileges is a major concern of these companies.

Texas Utilities topped the list of grandfathered polluter PACs, spending $633,230 to influence politicians since December 1995. Texas Utilities is the mother of all grandfathered polluters. It belches out 210,437 tons of grandfathered emissions a year, including as much smog-forming nitrogen oxides as 3.8 million cars emit each year. Houston Industries, the parent of Houston Power & Light, ran a close second. Its PACs spent $631,324. Utilities account for four of the top five political spenders among grandfathered companies.

*Phillips Petroleum and Shell Oil obtained "flexible permits" in 1995. These permits grant 10 years in which to achieve emissions reductions. In the interim, the companies produce grandfathered emissions.

Source: Texas Ethics Commission filings, Grandfathered Air Pollution.

⁷ Some Dirty 30 company PACs - such as Koch Industries - did not register. A loophole in Texas ethics laws exempts out-of-state PACs from the disclosure requirements that apply to Texas-based PACs (see Section 251 of the Texas Election Code).
⁸ By comparison, all 150 House members raised $14.6 million in the last election cycle (see Mortgaged House, Texans for Public Justice, January 1998).
⁹ Number of automobiles required to produce the same amount of smog-forming NOx.

home | table of contents | previous | next