Harris County sues Texas over Kashmere Gardens concrete plant

Harris County sued the Texas Commission on Environmental Quality Wednesday for approving a permit for a concrete crushing plant located near Lyndon B. Johnson Hospital in Houston’s Kashmere Gardens.

The lawsuit — filed on behalf of Harris Health, Trinity Gardens and Kashmere Gardens Super Neighborhood boards — argues that the plant, which is operated by Texas Coastal Materials, will be within 1,500 feet of a chapel within the hospital and the facility does not comply with national ambient air quality standards for harmful particles that the facility emits into the air.

“What we have traditionally seen is a reluctance on the part of state officials to address the pressing needs of these communities,” said Harris County District Attorney Christian Menefee. “If you look at the people of Fifth Ward and Kashmere Gardens, there has been strong community resistance to this proposal regarding this concrete crushing site and you have yet to see anyone in the state take that resistance to serious.”

Texas Coastal Materials applied for a permit that met air quality standards last summer, but residents didn’t find out about the new application until September.

The company published a mandatory notice of its plant in August in the Spanish newspaper El Perico and the Highlands Star/Crosby Courier – a non-Houston publication located 30 miles from the proposed plant. There was no notice in a Houston newspaper until October.

The concrete crushing plant project also comes as Houston voters approved a $2.5 billion bond project to expand LBJ Hospital and Clinics last November.

After months of community opposition, public meetings and letters of complaint, the TCEQ approved the permit in January 2024.

“All our other options are exhausted”

Concrete crushing plants break large pieces of concrete, asphalt and rock into smaller pieces, producing dust small enough for people to breathe. This dust can cause lung damage, respiratory problems and cancer.

The Harris County District Attorney’s Office, along with Lone Star Legal Aid, filed a motion to revoke the permit, but received no response. Activists and community leaders also called on Governor Greg Abbott to reverse the decision, with no response.

“We are at this point in the trial because all of our other options have been exhausted,” Menefee said. “We’ve built all of this up to go to court to get opposition, but the main point here is that at every step of the way there has been significant resistance from the community and public officials. »

The county’s lawsuit alleges that the standard air quality permit that all concrete installations require is deficient. The standard permit has not been updated by the TCEQ since March 2008. However, the Environmental Protection Agency has updated its national ambient air quality standards four times since then.

Most recently, in February this year, the agency lowered annual standards for PM 2.5 – the smallest level of particulate matter – from 12 to 9 µg/m3, meaning facilities must follow an environmental protocol more strict.

In response to public comments, the TCEQ said it had evaluated the permit before the new standards took effect, but would reevaluate them and take necessary steps to ensure compliance.

Concrete plants in Houston neighborhoods

According to an analysis by the nonprofit Air Alliance Houston, 2,000 homes, three schools, 15 houses of worship and several parks would be within a mile of the concrete crushing plant.

“When we talk about environmental justice communities, it’s already overburdened and the fact that there are already six concrete plants, we really have to consider the cumulative impact of all of these places,” said Crystal Ngo, coordinator environmental justice awareness campaign for Air. Alliance Houston.

Additionally, schools, homes and places of worship must be at least 440 meters from a concrete crushing plant. Hospitals are not included in this regulation. The lawsuit argues that LBJ Hospital is 1,200 feet from the proposed concrete crushing facility.

“There are two things going on in this hospital besides people being treated who have medical problems,” said Sister Maureen O’Connell, director of the Social Concerns Secretariat for the Archdiocese of Galveston-Houston. “It’s also a place of worship where people can go and enjoy some peace and quiet and pray for themselves or their family members. It is also an educational establishment.

The lawsuit also points out that Texas Coastal Materials’ permit application failed to note its proximity to St. Francis of Assisi Catholic Church, located 402 yards from the facility.

In response to public comments, TCEQ said that in its application, Texas Coastal Materials indicated that it would follow the appropriate distance requirement outlined in the standard permit.

“It’s kind of the same thing,” O’Connell said. “If you look around the county and see where all the concrete plants are located, they are all in vulnerable communities. »

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