Harris County Attorney Vince Ryan is continuing his court battle to protect local residents from polluters, responding to Attorney General Ken Paxton’s legal effort seeking to prevent the County Attorney’s Office from suing companies that harm the environment.

“The law is on our side and we welcome this opportunity to ensure that Harris County can hold the companies responsible in local courts when they endanger our residents and pollute our air, water and soil,” said County Attorney Ryan.

Following multiple chemical fires in Harris County last spring, including the ITC Deer Park and the KMCO Crosby explosions, Commissioners Court adopted a resolution on April 30, 2019, authorizing the County Attorney to quickly file enforcement actions to protect the public and the environment, to preserve evidence and to prevent additional negative impacts to the community. Under this resolution, the County Attorney can file suit in an emergency without a vote from the Commissioners if he goes back to the Court at its first regular meeting and seeks permission to continue the suit. When ExxonMobil’s Baytown plant suffered a fire and explosion July 31, 2019, Ryan moved quickly and filed suit the next day, alleging violations of state pollution laws.

The Attorney General sought to dismiss the County’s lawsuit claiming that Ryan could not sue ExxonMobil because the law requires the Commissioners to authorize lawsuits on case-by-case basis. However, on January 31, 2020, Harris County State District Judge Beau Mille denied the state’s motion to dismiss the County’s lawsuit, disagreeing with the Attorney General’s claim that Commissioners Court’s authorization to file environmental cases quickly in emergency situations was improper. The AG has appealed that ruling.

In response to the appeal, County Attorney Ryan makes the case that state law is clear that local governments have the right to enforce state pollution law and that the Commissioners’ resolution was proper.

“The Attorney General has generally sought to discourage Harris County and other local governments from enforcing environmental regulations despite specific authorization from the Legislature,” County Attorney Ryan said. “We welcome the opportunity to have a higher court rule on the important public policy allowing for local enforcement in Courts and before juries where the pollution occurs.”