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May 06, 2008

Perry picked a puppet

The following is an editorial from the San Antonio Express-News:

Perhaps Gov. Rick Perry is right. Perhaps Deirdre Delisi is the most qualified person in Texas to lead the state Transportation Commission. There's no denying that the Duke University graduate, who also has a master's degree in international policy studies from Stanford University, is a very bright and competent individual.

But there's also no getting around the fact that the primary reason Perry tapped the 35-year-old Austin resident to head the commission is that she worked for him for nine years as chief of staff, senior deputy chief of staff, deputy chief of staff and director of Perry's 2002 gubernatorial campaign, as well as serving on his staff when he was lieutenant governor and working in his campaign for that office.

In a February interview with the Fort Worth Star-Telegram, Sen. John Carona, R-Dallas, the no-nonsense chairman of the Senate Transportation and Homeland Security Committee, offered his opinion about the rumored appointment.

“We don't need political hacks in that position,” he said. “We need people who understand the business. We need people who understand transportation. We don't need someone who's unpopular with the Legislature.”

Major missteps and public relations fiascos have destroyed public confidence in the Transportation Commission and the Texas Department of Transportation. The interim chairmanship of Hope Andrade, after the sudden death last year of Ric Williamson, had begun to repair some of that damage. The selection of a chairman based on cronyism will further erode public trust.

What makes Delisi's appointment more galling is that Perry is replacing Andrade on the commission. The move means that between the chairman and four commissioners, none lives in South Texas, denying an often-neglected region representation on the crucial commission.

A governor who wasn't tone deaf to public criticism wouldn't make that kind of mistake. Unfortunately, it's what Texans have come to expect from the increasingly oblivious leadership of Rick Perry.

May 02, 2008

Under the influence

From Associated Press

GEORGETOWN, Texas — A Texas state lawmaker who helped pave the way for major toll road projects is facing drunken driving charges.

Rep. Mike Krusee of Round Rock, the Republican chairman of the House Transportation Committee, was charged with first offense driving while intoxicated late Wednesday. He is not running for re-election this year.

Krusee was arrested after a Department of Public Safety trooper noticed his car driving erratically in northwest Austin and that his vehicle registration was expired, DPS spokeswoman Tela Mange said.

The trooper also reported a "strong smell of alcohol" when Krusee was pulled over and Krusee failed a field sobriety test, Mange said.

Krusee was arrested and taken to Williamson County Jail, where he refused a breath test. Under state law, Krusee's license is automatically suspended for 180 days for refusing the breath test. Bail was set at $1,000 and Krusee was released Thursday morning.

Krusee is charged with first offense DWI, a Class B misdemeanor with punishment ranging from probation to up to 180 days in jail and fines up to $2,000.

Krusee's office referred questions to his attorney, Jason Nassour, who did not immediately return a telephone message.

Krusee has served in the House since 1993. He was a close ally of Gov. Rick Perry on transportation issues and in 2003 sponsored the law that opened the door for major toll road expansion.

May 01, 2008

"The decision by George W. Bush to hold the SPP meeting in New Orleans had always been particularly insensitive and arrogant. Three years after Hurricane Katrina, New Orleans remains a devastated community with some 200,000 former residents still unable to return home."

--Blair Redlin, researcher with the Canadian Union of Public Employees, in SPP/NAFTA boosters on the defensive in New Orleans

The April 22 meeting of the Security and Prosperity Partnership was attended by President Bush, Mexican President Felipe Calderon and Canadian Prime Minister Stephen Harper.

Read their joint statement about the meeting here.

April 29, 2008

Gas tax holiday no picnic

By John Broder

From the New York Times

WASHINGTON — As angry truckers encircled the Capitol in a horn-blaring caravan and consumers across the country agonized over $60 fill-ups, the issue of high fuel prices flared on the campaign trail on Monday, sharply dividing the two Democratic candidates.

Senator Hillary Rodham Clinton lined up with Senator John McCain, the presumptive Republican nominee for president, in endorsing a plan to suspend the federal excise tax on gasoline, 18.4 cents a gallon, for the summer travel season. But Senator Barack Obama, Mrs. Clinton’s Democratic rival, spoke out firmly against the proposal, saying it would save consumers little and do nothing to curtail oil consumption and imports.

While Mr. Obama’s view is shared by environmentalists and many independent energy analysts, his position allowed Mrs. Clinton to draw a contrast with her opponent in appealing to the hard-hit middle-class families and older Americans who have proven to be the bedrock of her support. She has accused Mr. Obama of being out of touch with ordinary Americans who are struggling to meet their mortgages and gas up their cars and trucks.

Mrs. Clinton said at a rally on Monday morning in Graham, N.C., that she would introduce legislation to impose a windfall-profits tax on oil companies and use the revenue to suspend the gasoline tax temporarily.

“At the heart of my approach is a simple belief,” Mrs. Clinton said. “Middle-class families are paying too much and oil companies aren’t paying their fair share to help us solve the problems at the pump.”

The split occurred as Senators Clinton and Obama were competing intensely in primaries in Indiana and North Carolina, where voters go to the polls next Tuesday. Opinion surveys have shown that the faltering economy and high gas prices are the top concerns of voters across the country, edging out the war in Iraq.

The Clinton campaign is running television advertising in Indiana contrasting her approach on gas prices with Mr. Obama’s.

Mrs. Clinton said the tax on the oil companies, which have been reporting record profits as oil prices soar, would cover all of the lost revenue from the federal tax on gasoline and diesel fuel. She also said no highway projects would suffer.

Mr. Obama derided the McCain-Clinton idea of a federal tax holiday as a “short-term, quick-fix” proposal that would do more harm than good, and said the money, which is earmarked for the federal highway trust fund, is badly needed to maintain the nation’s roads and bridges.

In 2000, Mr. Obama supported a bill in the Illinois legislature to suspend most of the state’s 6.25 percent gasoline sales tax. But he later opposed making the reduction permanent, arguing that the state needed the revenue and that the measure had saved consumers little.

Mrs. Clinton, of New York, has also taken varying stands on the issue of gas taxes. In her 2000 Senate campaign, she spoke against repealing the federal gasoline tax, calling it “one of those few taxes that New York actually gets more money from Washington than we send.”

At a meeting with voters in North Carolina on Monday, Mr. Obama said lifting the gas tax for three months would save the average consumer no more than $30, a figure confirmed by Congressional analysts. Mr. Obama has previously dismissed Mr. McCain’s proposal as a “scheme.”

“Half a tank of gas,” Mr. Obama told his audience. “That’s his big solution.”

President Bush’s spokeswoman essentially sided with Mr. Obama in saying that tax holidays and new levies on oil companies would not address the long-term problems of dependence on foreign oil.

Dana Perino, the White House spokeswoman, said gasoline prices were “entirely too high, but I think it would be disingenuous and unfortunate for American consumers for them to be led to believe that there is a short-term fix.”

“There is not going to be one,” Ms. Perino said.

It is not clear whether Congress will act quickly on a fuel tax suspension and a new levy on oil companies, particularly given the White House opposition. While Democratic leaders are sympathetic, aides said, similar plans have failed a number of times.

The debate erupted as both candidates rounded up more superdelegate endorsements on Monday, with Mr. Obama highlighting the backing of Senator Jeff Bingaman of New Mexico, who is the chairman of the Senate Energy and Natural Resources Committee, while Gov. Michael F. Easley of North Carolina was preparing to endorse Mrs. Clinton on Tuesday.

The split on the gas tax is a relatively rare one for Mrs. Clinton and Mr. Obama, who agree on the broad outlines of policy in most areas. They have both called for the suspension of purchases for the national strategic petroleum stockpile, a supply of oil to protect the country against sudden supply disruptions; new taxes on oil companies; measures to curb global warming; and heavy federal spending on renewable energy sources. They have also called for a federal investigation of possible manipulation in oil markets.

Mr. McCain has also called for a halt to purchases for the petroleum reserve and expressed support of climate-change legislation, but opposes the imposition of windfall-profits taxes on oil companies.

All three candidates have endorsed tougher fuel-efficiency standards for cars and trucks and diplomatic measures to pressure oil-producing nations to lower prices.

The federal tax on motor fuels — the tax on diesel fuel is 24.4 cents a gallon — yielded $28.2 billion in 2006, the last full year for which statistics are available. The last time the federal fuel taxes were raised significantly was in 1993 as part of President Bill Clinton’s budget-balancing package.

The highway trust fund that the gas tax finances provides money to states and local governments to pay for road and bridge construction, repair and maintenance. Mr. McCain and Mrs. Clinton propose to suspend the tax from Memorial Day to Labor Day, the peak driving season, which would lower tax receipts by roughly $9 billion and potentially cost 300,000 highway construction jobs, according to state highway officials.

Mrs. Clinton would replace that money with the new tax on oil company profits, an idea that has been kicking around Congress for several years but has not been enacted into law. Mr. McCain would divert tax revenue from other sources to make the highway trust fund whole.

The Senate blocked a $15 billion tax on oil companies last December that was part of a larger energy package.

A McCain spokesman sought to use the gas tax issue to drive a wedge between the two Democratic candidates and paint Mr. Obama as a flip-flopper given how he voted as a state lawmaker in 2000.

“It’s clear Barack Obama’s not strong enough to provide immediate relief at the pump, and it shows he doesn’t understand our economy or have the ability to deliver for hard-working Americans,” said Tucker Bounds, a McCain aide. “Senator Obama’s arguments against John McCain’s gas tax holiday are complete fiction, and the reality is that he used to support a gas tax holiday before he was running for president.”

April 22, 2008

Sierra Club comments on the Trans-Texas Corridor

"The Tier I development and evaluation process has not been 'rigorous' and there has not been a 'proactive agency and public involvement program' because the public has spoken overwhelmingly that it does not want the proposal but the proposers still push the proposal. There is no 'balance' in meeting the purpose and need and minimizing the potential for environmental effects because there is a conflict of interest in pushing the proposal forward.

This leads the Sierra Club to the believe that instead of preparing a factual and unbiased DEIS [Draft Environmental Impact Statement]the proposers are attempting to mislead and mold the opinions of the public and decision-makers by misinterpretation via language of what really is at stake and exists in the I-69/TTC project area. This is the very antithesis of what an EIS is supposed to be and do. Such actions call for a withdrawal of the DEIS and a total reanalysis that is based on factual evidence and narrative and not manipulative and self-serving language that predetermines the outcome of this proposal.

The effects of current actions are not considered in the analysis of whether I-69/TTC should be constructed. For instance, global warming and the effects it is having and the generation of greenhouse gases that roads cause; the increased cost of oil, up to about $100/barrel; the increased cost of gasoline which is $3/gallon now and if expected to go to $4/gallon this summer; the collapse of the housing market; the recession that is evident in the United States economy; the reduction in funds for roads due to funding two wars, etc. All of these and more current actions affect and should play a role in determining whether I-69/TTC should be built. But there is no discussion about how these actions affect the decision of whether to build I-69/TTC."

--Brandt Mannchen, Air Quality Issue Chair of the Lone Star Chapter of the Sierra Club, in a letter stating the environmental group's official comments to the FHA and TxDOT on TTC-69

Read the entire letter on Sal Costello's blog.

April 18, 2008

Mr. Thirty-Nine Percent's 'reality'

By R. G. Ratcliffe

From the San Antonio Express-News

AUSTIN - Gov. Rick Perry said he will seek re-election in 2010.

During a break in the Republican Governor's Association meeting in Grapevine Thursday, Perry said he would like to return as governor.

A reporter asked him if the 2010 Republican gubernatorial field would include himself as well as U.S. Sen. Kay Bailey Hutchison and Lt. Gov. David Dewhurst, according to The Dallas Morning News and the Fort Worth Star-Telegram in stories posted to their online editions Thursday.

"I don't know about them, but it will be Perry in 2010," Perry responded.

"I don't know about the other two. You need to ask them."

Hutchison has strongly indicated that she will run but has vacillated as to whether she actually is in the race.

Dewhurst also has indicated that he would like to run for the office.

Perry became governor in December 2000 when then-Gov. George W. Bush resigned to become president. Perry won election in 2002 and re-election in 2006.

In the second contest, he defeated three opponents to win with 39 percent of the vote.

Hutchison issued a statement Thursday that said, “I am encouraged by the growing number of Texans asking me to return home to run for Governor to provide leadership for our state. It is too early to make an announcement about the 2010 race. Right now I remain committed to serving the people of Texas in the United States Senate and helping our Republican candidates win crucial elections this fall.”

Perry spokesman Robert Black confirmed the governor’s statements, but said: “It's nothing he hasn't talked about before.”

Perry has spoken about the possibility of running for re-election in 2010 before, but this is the first time that he has flatly stated that he will run.

Texas Democratic Chairman Boyd Richie said that "after five years of absolute and failed Republican rule" in Texas there was no reason to think Perry would do any better with voters in 2010 than he did in 2006.

"Today, Gov. Perry's announcement that he will seek reelection in 2010 signaled that he may want to serve as Governor for life, but in 2006, a 61 percent majority of Texans already said they want someone else, and he's done nothing to inspire Texans’ confidence since then,” Richie said.

April 16, 2008

“As in most things, liberals in Hollywood tend to live in the fiction fantasy world. The governor lives in reality.”

--Robert Black, spokesman for Governor Rick Perry, quoted by Ralph Blumenthal of the New York Times in his April 5th article about the documentary, Fighting Goliath: Texas Coal Wars, a film narrated and sponsored by Robert Redford

April 10, 2008

The TTC-69 rally


April 09, 2008

Mythic

"Let’s be clear – the Trans-Texas Corridor is the NAFTA superhighway.

No one who supports the Trans-Texas Corridor likes to say the words 'NAFTA
superhighway.' They call it an 'urban myth.'

If the NAFTA superhighway is such a myth, why is the Bush administration work-
ing so hard to let Mexican trucks use our highways?

If the NAFTA superhighway is such a myth, why is corporate America holding
summits on the need for a huge network of freight corridors from Mexico to Canada?

If the NAFTA superhighway is such a myth, why is Mexico working with giant cor-
porations to expand its ports and its road and rail connections to the U.S. border?

The reason they say the NAFTA superhighway is a myth is because they know that
the vast majority of Americans don’t want it."

--James P. Hoffa, General President of The International Brotherhood of Teamsters, in a letter read to crowds at Saturday's anti-TTC march on the Texas capitol

View a PDF file of the entire letter here.

April 01, 2008

Current admin in action: ignoring rules to get what it wants

"Laws ensuring clean water for us and our children -- dismissed. Laws protecting wildlife, land, rivers, streams and places of cultural significance -- just a bother to the Bush administration. Laws giving American citizens a voice in the process -- gone. Clearly this is out of control.

It is this kind of absolute disregard for the well-being and concerns of border communities and the welfare of our wildlife and untamed borderlands that has forced Defenders of Wildlife and the Sierra Club to take a stand and say 'No more!'

Just a few weeks ago we filed a petition with the U.S. Supreme Court to fight the unconstitutional authority the Bush administration has seized to waive any and all laws it views as inconvenient in its rush to build an unpopular, ineffective border wall. Today's egregious abuse of power is more proof that this cannot be allowed to continue."

--Rodger Schlickeisen, president of Defenders of Wildlife, in response to the Department of Homeland Security Secretary Michael Chertoff's announcement today that he is imposing a blanket waiver of environmental and land management laws along 470 miles of the U.S. and Mexico border

Defenders of Wildlife and the Sierra Club have asked the U.S. Supreme Court to review the constitutionality of this controversial waiver as a "flagrant violation of the separation of powers principle that frames the U.S. Constitution."

March 26, 2008

March on Austin against the Trans-Texas Corridor

On April 5, 2008, activists, citizens and political representatives will be protesting the TTC, NAU, SPP and PPP's by staging a march to the Capitol.

Please come show your support.

Download a flyer for the event here.

March 25, 2008

The people of this country, not special interest big money, should be the source of all political power.

--Paul Wellstone

Wellstone, a two-term U.S. Senator from Minnesota, was killed in a plane crash on October 25, 2002, eleven days before midterm elections.

His two sons now run the Wellstone Action Network.

TTC public comment deadline extended

By Matthew Stoff

From The Daily Sentinel

Following a request from Sen. Kay Bailey Hutchison, The Texas Department of Transportation announced Monday a 30-day extension on the deadline to submit public comments about the controversial Trans Texas Corridor project.

Gabriela Garcia, TxDOT's public information officer, said by telephone that the public will have until April 18 to send the state agency comments on the Draft Environmental Impact Statement.

"We were wanting to make sure that the public had more opportunity to comment on the document, and we also had received a request from Senator Hutchison to do so," Garcia said.

Substantive comments on the document, which defines the possible routes for the proposed 10-lane highway, will be addressed in the Final Environmental Impact Statement. Release of that document may be delayed if there is a large number of additional comments, Garcia said.

So far the agency says it has received over 14,000 comments on the DEIS.

March 24, 2008

Eminent domain use on the rise

By Carlos Guerra

From the San Antonio Express-News

In the Rio Grande Valley, the U.S. Department of Homeland Security sued dozens of individuals, local governments and agencies for refusing to grant it "access" to their land so it can take it for the border wall.

After refusing access to her 3-acre plot, Eloisa Tamez was sued. She countersued and a federal judge has ordered DHS to negotiate with her in good faith.

Hundreds of miles north, in one of the Hill Country's most pristine ranches, Martha, Mary and Bebe Fenstermaker are girding for their fifth legal battle since 1989 to keep their land.

The city, Bexar County and the San Antonio River Authority want it for a dam to control flooding downstream by flooding the sisters' modest home sites, and much of the rest of their ranch, a federally registered historic district dotted with 19th-century limestone structures.

Then, there are the thousands who have found all or parts of their farms and ranches under thick lines on Texas Department of Transportation maps. TxDOT wants their land for the Trans-Texas Corridor, which will take as many as 8,000 miles of land in 1,200-foot-wide swathes for privately operated utility easements, multi-lane toll roads and railroad tracks.

These are just a few of the reasons "eminent domain" is appearing more often in Texas news reports. And as we get more Texans — but not more land — expect to hear more about governments using eminent domain to fix earlier mistakes — and for less noble purposes.

Governments' seizure powers predate our nation. Based on the notion that the sovereign owns all its territory and landholders own only an interest in the land's use, Common Law empowered monarchs to take whatever they wanted.

When America's colonies gained independence, they assumed eminent domain powers by proclaiming themselves the new sovereigns. In 1791, the U.S. Constitution was amended and eminent domain was implicitly recognized — but also limited — in the Fifth Amendment, which states, "nor shall private property be taken for public use without just compensation."

By 1829, however, the U.S. Supreme Court redefined "public good" by allowing states to empower private railroads to seize land. By 1954, this relaxation led the high court to let the District of Columbia take properties that were not blighted along with others nearby that were and hand them all to private parties for profitable redevelopment.

And in 2005, the court allowed New London, Conn., to seize a totally unblighted neighborhood and sell it to a private developer for a project city fathers believe will bring the city greater tax revenues.

Other eminent domain issues that are emerging involve local jurisdictions that, increasingly, are using eminent domain to provide infrastructure improvements — such as new schools, wider roads and drainage projects — that have been made necessary by uncontrolled development and low impact fees.

While the courts have, on the one hand, given governments greater latitude to use eminent domain to help private developers, they have also held that at times, "just compensation" is also due when governments' actions diminish the value of land that has not been seized by, for example, making it less desirable or less accessible.

In 2007, the Texas Legislature addressed this very issue with HB 2006, which allowed landowners to sue for "diminished access" to their property, instead of having to show "material and substantial damages" before seeking compensation. It passed but Gov. Rick Perry vetoed it.

As growing populations make land-use restrictions more necessary, we are going to face more policy questions that will revolve around eminent domain.

It is clearly time for Congress and the Legislature to rewrite laws to assure that eminent domain powers truly serve the public good — and aren't just used to fatten private wallets.

March 17, 2008

People pinched as gas prices soar

By Brett Clanton

From the Houston Chronicle

Curtis Wyatt is an experienced butcher, but no matter how he slices it, he can't find a way to cut back on his driving, even as pump prices rise.

"We just keep putting money in and putting money in," said Wyatt, who with his wife relies on their Ford Explorer for work — a need that now costs the Houston couple $400 a month in gasoline.

U.S. drivers are feeling everything from resignation to rage after gasoline prices broke records and kept going last week. Commercial truck drivers also are anxious about diesel fuel prices that are hovering at all-time highs.

Fuel costs now take almost 4 cents of every dollar of Americans' take-home pay, the highest since 1983.

At the end of last week, regular gasoline sold for a record average of $3.28 a gallon nationwide, up from $2.97 just a month earlier, according to AAA's Daily Fuel Gauge Report. Diesel sold for a record $3.94, up from $3.38 a month ago, AAA said.

Prices were a little lower in Houston but still a record $3.17 for regular and $3.85 for diesel, AAA said.

The situation is likely to get worse before it gets better.

The national average price for unleaded gasoline could top $3.50 per gallon and hit $4 in some parts of the country by spring as runaway crude oil costs trickle down to the pump and demand rises ahead of the busy summer driving season, analysts said. Diesel fuel prices are expected to break the $4-a-gallon mark nationwide, forcing up prices of everything trucks carry.

As prices rise, consumers likely will make small changes to adapt — shopping at cheaper stores, eating out less, cutting non-essential trips, said Stephen Brown, director of energy economics at the Federal Reserve Bank of Dallas.

But fuel prices would have to remain high for a sustained period before most people would make major changes such as moving closer to work or buying more fuel-efficient cars, he said.

Fuel prices typically rise this time of year as Americans begin ramping up their gasoline usage with the improving weather and refineries shut down for routine maintenance. But the increase this year comes as crude oil prices, which account for roughly half the cost of gasoline, continue their march past $100 per barrel.

An average 3.8 percent of U.S. household income went to fuel in the fourth quarter of 2007, and the cut likely will surpass 4 percent in the first three months of this year, said Christian Weller, a senior fellow at the Center for American Progress, a nonprofit in Washington.

And consumers haven't yet felt the full brunt of oil's rapid ascent in recent weeks, said Lynn Westfall, chief economist at Tesoro Corp., a San Antonio-based oil refiner.

''If gas prices follow their normal pattern between now and June, and with crude at $100 a barrel, you'd expect to see about another 40 cents per gallon tacked onto today's gasoline price," he said.
''That's at a hundred. For every dollar that crude stays over $100, add another 2.5 cents.''

Gasoline prices broke the $3 mark for the first time in September 2005 after Hurricane Katrina took out Gulf Coast refineries and then again during the summer of 2006 before dropping back down. Last year, prices edged past the $3 barrier in the spring and once again late in the year.

The 2005 and 2006 spikes spurred Americans to make slight changes to their driving habits, said David Portalatin, director of industry analysis for the automotive division at the NPD Group, a Port Washington, N.Y.-based research firm.

But last year, when high prices were sustained longer, Americans drove fewer miles on a per-vehicle basis for the first time in more than two decades, he said.

The last time a similar pullback occurred was during the late 1970s and early 1980s, when the U.S. economy was in recession, he said.

Some experts read the sluggishness in gasoline demand, which has fallen every week since late January, the same way. They say it has more to do with the national economy than high gasoline prices.

"We're certainly starting to see the American consumer pinched," said Bruce Bullock, director of the Maguire Energy Institute at Southern Methodist University in Dallas.

Weller said the burden of higher prices falls hardest on the working poor, who are seeing as much as 9 percent of their income go to fuel costs. In response, many consumers are being forced to cut back elsewhere as well as adding credit card debt, he said.

But things were worse in the early 1980s, when gasoline hit an inflation-adjusted record of $3.40 a gallon, said Brown, with the Federal Reserve.

Gasoline would have to be $5.50 nationwide to take the same bite out of Americans' income today, mainly because incomes have grown, he said.

But the bite's big enough now for Wyatt, the butcher, and his wife, a hospice nurse. And it's hard for them to budget their fuel costs precisely because their jobs take them to varying locations.

Other Houstonians also said they are keenly aware of high fuel prices, and are doing what they can to save.

For Tony Luciano, that meant trading his huge GMC Yukon sport utility vehicle last week for a Chrysler Crossfire, a two-seater coupe with double the gas mileage.

The 54-year-old Houstonian, who works in the shipping industry, said he would prefer to have a large vehicle, but grew tired of paying to keep the Yukon fueled up. "You have to adapt," he said.

Dan Willis, an independent truck driver from Splendora, is finding it harder to adjust to high diesel prices. Amid the recent run-up, his fuel costs have shot from about $250 to $475 per week, cutting sharply into his take-home pay.

"It's getting to be that you have to be really picky about the jobs you take," said Willis, 47, adding that if diesel hits $4.50 a gallon he will be forced to park his truck until the price falls.

The commercial trucking industry moves many of the consumer goods Americans buy, and those items could continue to jump in price as higher diesel prices are passed through to customers.

To avoid raising prices — and the risk of driving away customers — many retail chains and other businesses are scrambling to keep a lid on diesel expenses, said Rich Cilento, CEO of Fuel-Quest, a Houston firm that helps companies including Fed-Ex and Wal-Mart manage fuel costs. But it's getting harder.

The price of oil, and the fuels derived from it, no longer move up and down according to supply-and-demand fundamentals and seasonal patterns, he said.

Today, they respond to a list of "new norms," including global demand factors, geopolitical issues and perceived threats of new government regulation. In short, the rules of the game have changed.

"Now," he said, "we're sort of in uncharted waters."

March 13, 2008

Revolutionary moments attract those who are not good enough for established institutions as well as those who are too good for them.

--George Bernard Shaw

March 12, 2008

TTC segment gets by with a little help from its friends

Public private partnerships in action: the ink wasn't even dry on Cintra's SH 130 financial contract when the following press release came out.

From USDOT

U.S. Department of Transportation Approves $430 Million Loan to Complete New Alternative to Congested I-35

WASHINGTON, DC - A $430 million loan from the U.S. Department of Transportation will give Texas the financial push it needs to help complete a new north-south highway as an alternative to the congested I-35 from Austin to San Antonio, U.S. Transportation Secretary Mary E. Peters announced today.

"We're helping give this project the push it needs so commuters can experience less congestion, shippers less delays and the region less headaches," Secretary Peters said.

The new southern portion of the four-lane highway is scheduled to link to the already opened northern one in 2012. When complete, the 91-mile SH 130 corridor will be entirely tolled and provide a new route to take traffic off the most congested section of I-35 in the central United States.

Cintra and Zachry American Infrastructure will finance the $1.36 billion project through the USDOT loan, bank loans and investor capital. Electronic tolling will make it possible for drivers to pay the toll without having to use cash at a tollbooth.

The loan was made possible through the Department's innovative Transportation Infrastructure Finance and Innovation Act (TIFIA) loan program which encourages private sector participation in the financing of highway projects with flexible repayment terms.

Secretary Peters added that the Texas project was another example of the private sector's readiness to invest in U.S. transportation infrastructure and of an evolving federal approach to financing major capacity improvements.

TTC threatens Camp Allen

By Rod Sallee

From the Houston Chronicle

A Piney Woods retreat that has hosted national church conferences on controversial issues, celebrated the consecration of bishops and provided summer memories for thousands of teens now faces another kind of challenge.

The nearly two square miles of forest, hills, fields, lakes and buildings that make up Camp Allen Conference & Retreat Center, 15 miles southeast of Navasota, lie in a two-mile-wide strip listed in state documents as the preferred route for the planned Interstate 69/Trans-Texas Corridor.

Proposed by Gov. Rick Perry in 2002, the corridor plan has drawn heated opposition at town hall meetings and public hearings throughout Southeast Texas.

Camp Allen officials have gathered more than 3,000 names on an Internet petition asking the Texas Department of Transportation not to harm the facility, beloved by many Houstonians.

Houston City Councilman Mike Sullivan was a 7th-grader in Spring Branch when his church youth group took a trip to Camp Allen.

"I had never been in the outdoors like that in my life," he said. "I can still remember taking communion there. It was my first chance to be in a place where I could think and learn about my church and kind of find myself spiritually."

Now, Sullivan said, he and his wife, Kim, and daughter, Paige, 15, drive to the camp several times a year just to spend the day or weekend.

"They have hotel rooms open to the public," he said, as well as groups visiting on various sorts of retreats. "You might see Buddhists, Muslims, Jewish groups, Catholics. They reach out to all religions."

For the past nine years, said Carol Riley of Lufkin, she has traveled with her husband, Mike, and daughters Alyson and Sarah to Camp Allen for the Christmas retreat "Holiday in the Pines."

"The serenity is indescribable and the thought of it being endangered is unimaginable," she said.

George Dehan, president of the camp, said others who have attended functions there include former Secretary of State James A. Baker III, Houston Astros outfielder Lance Berkman, singer Pat Green and actress Renée Zellweger.

Although Camp Allen is owned by the Episcopal Diocese of Texas, Dehan said fewer than half of the 42,000 visitors a year are Episcopalians. The rest, he said, come from various denominations, schools, colleges and nonprofit institutions. About 7,000 are children.

Dehan said he spoke up at a public hearing in Navasota on the corridor project, and another camp staff member spoke at one in Hempstead.

"We said we are not anti-toll road or anti-free trade," he said. "We just want to make sure this doesn't impact our camp."

Dehan said he wrote Perry and received "a polite response" that advised working through the public hearings process.

"And we've talked with some TxDOT commissioners," he said. "They always say, 'Oh, it probably is not going to impact you. We think common sense will prevail.' "

Although it does seem unlikely that roadbuilders would choose to bulldoze through a plot of land that Dehan estimates is worth $50 million to $100 million and has so many friends, he said there are reasons for concern.

Partly to ease landowners' worries that the corridor would cut their holdings apart, TxDOT has said it will try to build the corridor alongside existing roads if possible. But in the segment in question that probably would be FM 362, site of the camp's front gate and hotel.

Even if TxDOT chose to go through ranchland across the road, Dehan said, the strip designated as the "Recommended Preferred Corridor" may be too narrow to protect the camp from traffic noise.

"It would be a hugely negative effect because a lot of our programs are outdoor education," Dehan said.

TxDOT spokeswoman Gabriela Garcia noted the strip on the maps is much bigger than the actual corridor is likely to be.

Even with its full potential array of separate toll roads for trucks and cars, tracks for freight and passenger trains and land for power lines and pipelines, the corridor's maximum width would be 400 yards — about one-ninth as wide as the "recommended preferred" strip.

Garcia said it would be built in segments based on traffic demand and a segment in the Navasota area may not be needed for several years.

When the segment is deemed necessary, Garcia said, the initial construction could be nothing more than a four-lane toll road shared by cars and trucks.

TxDOT is expected to select a developer for the project later this month, and the first half of the environmental clearance process is expected to end early next year, Garcia said.

Then, if federal authorities give approval, the second part of the process — when the actual route will be chosen — would begin. That process probably will take another three to five years, Garcia said.

Although TxDOT hearings on the project are over, the public may submit comments for an Environmental Impact Statement through March 19. This may be done online at www.keeptexasmoving.com or by letter to I-69/TTC, P.O. Box 14428, Austin, TX 78761.

March 07, 2008

No country for new roads

Marrd
(Photo: D. Fazackerley)

The Texas Department of Transportation recently admitted what many of us have known all along: La Entrada al Pacifico is indeed part of the Trans-Texas Corridor.

The following article gives a taste of what's at stake for West Texas.

By Whitney Joiner

From Time Magazine

This far West Texas town is so isolated that while you can cross the Mexican border in less than an hour for lunch, the nearest shopping mall is 200 miles (about 320 km) away. Those who live around here take immense pride in the desolate landscape that served as the backdrop for the films with the most Academy Award nominations this year, Joel and Ethan Coen's murderous "No Country for Old Men" and Paul Thomas Anderson's epic, "There Will Be Blood." But instead of buzzing about their potential golden night at the Oscars, locals are more concerned these days with a very real unfolding drama that has the potential to devastate the views, the unpolluted air and the tranquil lifestyle they hold dear.

The potential villain in this story is La Entrada al Pacifico, a NAFTA trade route signed into law 11 years ago by then governor George W. Bush. It hasn't been built yet, but it may still become a reality, thanks to lobbying from the nearby city of Midland--which would become a distribution and warehousing huband the support of Midland's state representative, who happens to be speaker of the Texas House. If approved and constructed, the route would significantly increase the number of long-haul trucks bringing goods from Mexico through Marfa. In 2006, the average number of trucks crossing the U.S. border at Presidio and being driven the 60 miles (about 100 km) north to Marfa each day was 17. With La Entrada, that number would be anywhere from 300 to 800 trucks a day. To make room, a pair of two-lane roads will be widened to four-lane divided highways. Allison Scott, a 29-year Marfa resident, knows exactly what that will sound like. "Marfa is so peaceful," she says. "When I go out at 5 a.m. and look up at the stars, the silence is just so amazing ... La Entrada would definitely bring the silence to an end."

The idea behind La Entrada al Pacifico (Corridor to the Pacific) is to ease overconcentration of Asian trade in Southern California by diverting goods to a port in western Mexico and transporting them to Midland. Marfans see a plan that could fill Midland's pockets but potentially devastate Marfa's culture, lifestyle and economy, based in large part on tourism thanks to Marfa's proximity to Big Bend National Park and its reputation as an artists' haven (artists and galleries have been a fixture in town since celebrated sculptor Donald Judd relocated here from New York in the '70s).

Days after a March 2007 public meeting on the project, attended by nearly 400 West Texas residents--none of whom supported it--the fight against La Entrada began. Local businesses sold STOP LA ENTRADA T shirts; residents joined letter-writing campaigns and launched anti-Entrada blogs. Some Marfans have devised creative ways to fight the corridor. Gary Oliver, 60, a political cartoonist for the local newspaper, has composed a protest song on his accordion. "Move to Marfa for the peaceful life,/ So far away from the stress and strife," he sings. "Then you put your ear down on the highway floor,/ Hear the many trucks in the distance roar ... La Entrada, here come a lot of highway blues."

And Vicente Celis, 42, who moved here from Mexico in 2003, shows off the digital slide show he's developing, An Inconvenient Truth--style, to explain La Entrada to other residents. He makes reference to the documentary's swimming-frog example of global warming--the frog that doesn't realize it's boiling because the water temperature increases so slowly. "The same thing is going to happen to us," says Celis. "But [we] don't have to let people boil us."

Residents do have hope. The arrival of massive numbers of 18-wheelers depends on Mexico's infrastructure. So far, work on the trans-Mexican highway hasn't broken ground, and the port in western Mexico needs repair. The results of a government-funded study about how well the plan would work for West Texas will be released soon. But for the locals who see this land as a refuge--and, on occasion, a Hollywood backdrop--the decision to build or not to build isn't even a question.

March 04, 2008

Texans ponder where superhighway might take them

By Peter Canellos

From the Boston Globe

REFUGIO, Texas - With an abandoned Wild West-vintage town of storefronts slumbering just a block from old US 77, tiny Refugio is a place where myth and reality coexist in a ghostly silence.

And now this South Texas outpost is swept up in one of the more intriguing tests of myth vs. reality in today's political life: the battle over the so-called NAFTA Superhighway.

Local residents came together last week for one in a series of public hearings on the proposed Trans-Texas Corridor, a massive public works project that in this area would take the form of a superhighway from the Mexican border to the Arkansas border, with special trucking lanes and rail lines, along with communication and utility cables.

Texas officials say the superhighway is necessary to relieve chronic road congestion. Local opponents say it will cut through their ranches and destroy the area's ecology. And politicians like US Representative Ron Paul, Republican of Texas, and national commentators like CNN's Lou Dobbs have condemned it as a betrayal of American interests - the very road by which American jobs will move out of the country.

"This is a major conduit for getting cheap imported goods into the heartland," insisted Hagan Parmley, a local property owner who is also part of Corridor Watch, an opposition group of residents who gathered in the Refugio community center late last month.

Parmley said Texas business interests support the highway because it would allow Asian-manufactured products to be shipped to deep-water ports in Mexico and then quickly brought into the United States. With reduced transportation costs, it would be even easier for businesses to move American manufacturing jobs to Asia or Mexico.

Parmley's newsletter, which he distributed to the 80 or so residents at the Refugio hearing, expressed excitement that Dobbs, whose television show is devoted to attacking global trade deals and illegal immigration, has taken up the cause of defeating the Trans-Texas Corridor.

But given all the portentious state-of-the-world rhetoric that has surrounded the project, the big surprise at the Refugio hearing was how comfortingly normal the objections seemed.

"I think it's overkill," said Wilson Toudouze, a San Antonio rancher whose mother lives in Refugio. "I think there's probably better alternatives than taking this enormous amount of private property and giving it to the state."

"This wasn't what we were sold in the original I-69 - all those pipelines and train lines," added Melvin Santiago, who came down from the Houston area to express his opposition. "People are a little worried."

Indeed, the state of Texas has had trouble settling on a precise route. In the northeastern part of the state, officials had to bypass Houston's sprawl. Down by the Rio Grande they had to avoid several giant ranches that have been preserved as heritage areas.

The people who gathered in Refugio were, by their own description, the inheritors of the Texas of John Steinbeck's "East of Eden" - large men and women of late middle age, almost all wearing boots, some with cowboy hats, and many with waistlines proudly bulging out of their tight jeans.

One stood up and proclaimed that his family has been on the land longer than there's been a Texas, and that he figures he can take better care of it than the government can.

Preserving property rights was a far bigger concern than the North American Free Trade Agreement of 1994, which some concede has benefited Texas. Others mentioned the trade deal not as an evil in its own right but as evidence of the selfish motives of the business interests backing the highway.

One group was not heard from. Refugio County is almost half Hispanic, and recent immigrants make up the bulk of the workers in town. For them, the highway represents a different kind of threat - bypassing US 77, whose truckers give the town its only economic lift by stopping for food and fuel.

But the translator brought in to assist Spanish-speaking residents wasn't needed. Only the property owners had their say.

"Right now we get $70,000 per month in sales tax revenue that is generated by traffic through the town," explained Karen Watts, a selectwoman. "If we're bypassed, that number will drop tremendously. We're a community of people who are aging and we're a poor community. We have some large ranches but they don't help most people."

NAFTA may get the goat of national commentators, but to the people of Refugio, the superhighway battle is more about land and money - just like in the old days.

March 03, 2008

Take Action


"Change doesn't happen from the top down. It happens from the bottom up."

--Senator Barack Obama, in San Antonio last Friday night

281 Lawsuit press conference

February 29, 2008

Environmental lawsuit seeks to halt HWY 281 toll conversion

By Patrick Driscoll

From San Antonio Express-News

A long-running standoff over plans to morph part of U.S. 281 into a tollway — a spat that could lead to costly delays for motorists — headed to a federal court Tuesday.

Toll road critics and environmental activists joined forces, once again, to file a lawsuit on the last day of a deadline to legally challenge the tollway's latest environmental study.

The desperate effort could also be the last chance to scope down and strip out tolls from the planned 10- to 20-lane expressway, which would stretch 71/2 miles north of Loop 1604, and revert back to a freeway with half as many miles.

The 48-page lawsuit challenges the environmental study's conclusion — that widening U.S. 281 and tolling the express lanes would not significantly harm people, wildlife or drinking water. Activists called the claim ridiculous.

The project would lay down asphalt and concrete on another 70 acres across Edwards Aquifer recharge and contributory zones north of Loop 1604, according to the study, which federal officials cleared last summer.

"This lawsuit is really about common sense," said Enrique Valdivia, president of Aquifer Guardians in Urban Areas. "We think paving over 300 acres of recharge is pretty significant to everyone who depends on the aquifer."

Drivers would pay 17 cents a mile to use the express lanes in 2012, with rates rising annually with consumer inflation. Access roads would be left as the nontoll option.

"Charging a toll will only hurt local businesses and residents who have invested in the 281 corridor," said Terri Hall, founder of Texans Uniting for Reform and Freedom. "Powerful special interests will profit from these tolls."

The two groups, represented by Save Our Springs Alliance, filed the lawsuit in San Antonio to demand a more detailed impact study, which could take several more years to do.

They filed a similar lawsuit just more than two years ago, which stopped U.S. 281 tollway construction, but state officials simply redid the less-intensive assessment. The regurgitated study took more than a year to finish and cost $2 million.

Since then, construction costs soared by a third and traffic got worse, and toll advocates fear such trends only will continue. If inflation rises 5 percent to 8 percent a year, as the Alamo Regional Mobility Authority projects, delays will burn an extra $53,000 to $85,000 a day.

"We are hopeful for a quick resolution to this lawsuit, which is serving as nothing more than a delay tactic for groups who have been opposed to any real relief on the 281 corridor," mobility authority Chairman Bill Thornton said.

Authority officials, who say the environmental study was thorough enough, are almost ready to select a private development team and then sell bonds for the $476 million tollway. Bulldozers are set to roll by summer, with toll lanes opening within four years.

If work on the first three miles of the tollway hadn't been blocked two years ago, the job would be 90 percent complete, said Clay Smith of the Texas Department of Transportation, which recently gave the project to the mobility authority.

Motorists today would be driving on access roads that had better turnarounds, more turn lanes and a bridge over Redland Road that's not there now, he said. Express toll lanes would be a year away from opening.

"It's a shame that folks continue to want to keep the public in gridlock out there," said Smith, who's a planning engineer. "We've got a plan to solve the congestion."

Hall and other critics say TxDOT caused the problem by converting a freeway- and overpass-plan for U.S. 281 into a tollway plan, and the agency along with the mobility authority have since refused to budge despite loud opposition.

Some of the $325 million in public subsidies set aside for toll roads in San Antonio should instead be spent on nontoll lanes, Hall said.

Toll promoters, including many in the road industry, say going back to a plan that does less is not good enough in the face of crushing growth.

Dewhurst, Craddick seek audit of TxDOT

By Michael Lindenberger

From Dallas Morning News

Texas' two top legislative leaders have called for an independent audit of the Texas Department of Transportation, saying they have concerns about the agency's finances and spending decisions.

In a letter sent last week, Lt. Gov. David Dewhurst and House Speaker Tom Craddick, both Republicans, asked State Auditor John Keel to perform a comprehensive review of the "entire financial process of TxDOT."

Earlier this month, transportation department officials testified at a joint meeting of the Senate finance and transportation committees, where they defended the agency's declarations that it is running out of cash for new construction projects.

The department has said that it welcomes an independent review of its finances.

February 27, 2008

Mary Peters pushes privatized tolls for all of U.S.

From Associated Press

WASHINGTON — While the federal transportation secretary says privately built toll roads can help meet states' transportation needs, Arkansas Gov. Mike Beebe says rural areas don't have the traffic counts that will justify their construction.

Speaking to the National Governors Association on Sunday, U.S. Transportation Secretary Mary Peters said private dollars are needed to meet highway needs, not just public funds that are subject to regular fights in Congress.

The nation's current highway funding law expires in September 2009. Peters suggested replacing the current funding plan with a $400 billion network of privately funded toll roads and bridges — saying many investors are willing to step in.

But Beebe said rural states don't generate enough traffic to justify private investment in toll roads and asked Peters why the United States was building roads overseas instead of making more funds available at home.

"Does the administration have any plans to increase the size of the pie?" Beebe asked.

Peters said the foreign infrastructure investments, particularly in Afghanistan and Iraq, had played a significant role in keeping the United States safe from terrorists.

The Delta Regional Authority, meanwhile, said the federal government should give a higher priority to road projects that can help generate business. The agency is seeking its own funding stream and said it would like $18.5 billion to fund 3,843 miles of new roads, including 11 projects in Arkansas.

Rex Nelson, the federal co-chairman of the authority, said the agency also wasn't sure about Peters' interest in privately owned toll roads.

"Traffic count is certainly a concern for us," Nelson said.

February 22, 2008

Debate skips TTC question

By Patrick Driscoll

From the San Antonio Express-News

Oooh, now they're really buzzing.

CNN got growling Texans to back off a bombardment of e-mails earlier this week by promising to ask Democratic presidential candidates about the Trans-Texas Corridor in Thursday's debate, but the station never asked.

Not much at all in the 1-/12 hour debate between Barack Obama and Hillary Rodham Clinton touched on Texas issues, much less the controversial plan to build 4,000 miles of toll lanes, rail lines and utility lines throughout the state this century.

"However, that didn't stop both from invoking the name of former U.S. Rep. Barbara Jordan as an inspiration and of drawing on Texans they have met to illustrate the need for health care or to end the war in Iraq," wrote Houston Chronicle and Express-News reporters R.G. Ratcliffe and Peggy Fikac.

Nevertheless, a CNN executive had reportedly told Independent Texans leader Linda Curtis that Obama and Clinton would be asked about the Trans-Texas Corridor as it relates to the North American Free Trade Agreement.

Never happened.

Maybe the question got squeezed out by extra talk over such issues as whether health care should be mandatory. The loosely structured debate ran 10 minutes over.

Curtis e-mailed this to the CNN executive this morning, and copied it to her members "so Texans can let him have it":

Sam Feist, CNN Political Director
Dear Mr. Feist:

You called me the other day to request that we stop a barrage of emails to CNN requesting that someone ask Senators Obama and Clinton a question about the Trans-Texas Corridor in last night's debate. You told me that you were already planning such a question. I trusted that your word (sic). I also assumed that because CNN, Time Magazine and The New York Times had covered this issue this month, you understood how profound this issue is to Texans and to the nation. Sadly, I was wrong.

Texans face the largest land seizure in the history of the United States, for an international trade route that is highly controversial and promises far reaching effects on our land, our environment, Texas heritage, the US economy, homeland security and, most important to independents, our democracy.

Texans have been betrayed by the Governor, and many state and federal officials on both sides of the aisle, to global predators who are trying to rip the heart right out of Texas. This issue is at a breaking point where threats of violence are being expressed as the only option, due to the abuse of power by our elected officials and the utter failure of our political process to gain a fair hearing for ordinary Texans.

Texans want federal action and a Congressional investigation. You could have aided in this effort, but what you did was even worse. You made a promise, and then you let us down.

We hope you can sleep at night. This is why Americans need open and real debates run by a publicly accountable institution, which apparently CNN is not.

Linda Curtis

Independent Texans

Mr. Feist, welcome to the hot, big-hatted, cow-strewn state of Texas. And I mean hot.

February 20, 2008

Word is out

Terri Hall of TexasTurf and Truth Be Tolled appeared on Lou Dobbs last night.

Due to overwhelming requests from citizens, CNN has agreed to include a question for the candidates about the Trans-Texas Corridor on Thursday night's Democratic debate.

Don't miss it.

“Is your road more important than the foodstuffs we put together for you?”

--Texas farmer Leon Little, addressing TxDOT at a TTC-69 town hall meeting, quoted by Ralph Blumenthal of the New York Times in his February 10 article, Proposal in Texas for a Public-Private Toll Road System Raises an Outcry


“The only person who loses is the citizen. We’re paying everyone’s profit.”

--Linda Stall of Corridor Watch and Truth Be Tolled, in the New York Times

February 14, 2008

Coming down the road

The 281 Special Edition

February 13, 2008

TBT on KENS 5

February 12, 2008

First review

"William H. Molina's documentary about the biggest game of grab ass since Bob Barker is a film every Texan should see. Only this isn't about a game and the heinous shenagians taking place in Austin isn't about your heiny. No siree, Bob...it's about highway robbery.

When it comes to the Trans-Texas Corridor, Slick Rick Perry certainly thinks the price is right since he and his minions continue to defy the people, the law and any semblance of common decency. That's what under-the-table moohla will do. Yes, money, lots of money, potentially more money changing hands than at nickel night at the Bunny Ranch in Carson City.

Molina is an excellent filmmaker. The production values are top notch in all respects with the cinematography and music deserving special mention as they combine to make TRUTH BE TOLLED one of the most polished documentary films I've seen in a long, long time -- Mr. Michael Moore's offerings included. More importantly, Molina stays focused on the subject throughout, unlike Moore's ROGER AND ME or FARENHEIT 9/11.

The only negative, if there is one, concerns the redundancy among the grass root speakers at the varius town hall meetings. Then again, some Texans, especially my neighbors in Comal County, need to be literally hit over the head to get the point.

Little Oblio wouldn't last ten minutes in Bulverde... "

--Filmmaker Robert Nowotny on his site, Need to Vent

Mr. Nowotny himself has produced three award-winning independent feature films and one Emmy-winning documentary so far in his distinguished career.

Sweet.