Texas Legacy Excerpt

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    Polluters in Court

    and Heaven in EarthTERRY OROURKE is an attorney and a hydrologistbased in Houston, who has worked on numerous civiland criminal environmental prosecutions for the TexasAttorney Generals Ofce and the Harris County Attor-neys Ofce since the early 1970s. In 1973 he went towork for John Hill as an Assistant Attorney General forthe State of Texas. He has also had a long interest in al-ternative energy and energy conservation, serving as anenergy spokesman in the Carter White House, and as aneducator in the eld of environmental and internationallaw. Recently, he has returned to legal prosecution workin Houston.

    Interviewed on October 2, 1999, in Houston, Texas

    Reel 2031; Time Code 00:01:19

    Hey, Bubba, were going to trial.

    Sometimes in politics, youre just lucky. In 1972,what happened was that there was a new AttorneyGeneral, John Hill, from Houston. Hill got elected bysaying, Im going to clean up pollution. One of therst things that he did was he appointed me, TerryORourke, Assistant Attorney General of the State of Texas. They had a backlog of cases, and he person-ally went in the ofce of the Attorney General and car-ried the cases down and loaded them in the back of my little Toyota car in Austin. He said, Terry, you just take those cases to Houston, set them for trial, andwin them. Need some help, call me. And so I openedup this ofce here in Harris County and started tryingcases. I was twenty-ve years old at the time, Id beena law clerk to a federal judge in Washington, D.C., and

    I had the opportunity to take on some of the biggestpolluters in the United States of America. Its hard forpeople to think back then what it was like, but theseindustries were essentially built in World War II tobeat the Japanese and the Germans, and so they had no

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    pollution control devices to speak of. Giant smokestacks

    out in east Harris County like Armco Steel, TentexAlloy Corporation, Champion Paper just belching outpollution. And back then there was this kind of mental-ity of a Faustian bargain, you know, If youre going toget rich, you got to be lthy. Its that kind of goosethat laid the golden egg mythology and even organizedlabor was into it. Theyd say things like, Well, wheretheres smoke, theres jobs. And so I went into thatworld and of course, as an environmentalist, it didnt

    matter to me because if you didnt have clean air, youdidnt have a right to live from my perspective.

    I came down to Houston with the kind of mentalityof prosecution that Id learned in Washington, D.C.Id spent a year in the United States District Courtwatching some of the best U.S. prosecuting attorneyswho prosecuted under Nixons Safe Streets Act. Theytook the power of the government and put it againstessentially poor black people who were violent in thestreets. Well I took the power of the State of Texasand put it against the powerful, rich corporations thatwere polluting. I did the same thing that Id learnedexcept that I was David ghting Goliath; but it didnt

    matter to me because maybe I didnt know any bet-

    ter. The rst case I had was against Champion PaperCompany, and I opened up the le from the State of Texas and theres no evidence, no evidence! The casewas four years old and there was no evidence in the le.And I had the joy of meeting Dr. Walter Quebedeaux,truly a saint. If there is a saint in the history of Texasin this entire movement, it was the Director of theHarris County Pollution Control Department, Dr.Walter Quebedeaux. Theres a park right over here by

    the courthouse named in his honor. And he was thiseclectic scientist who ran this department. He took nocompromises at any time. He would be up in front of Commissioners Court of the City Council. Hed beon television. He would be demanding that people beprosecuted for polluting, and he kept a most wantedlist. Well, I thought that was a great idea, but he neverpublicized the list. So I took it out and put a ten mostwanted list in my ofce and said, you know, here are thecompanies and youre the most wanted and Im goingto take you one at a time. Well, they were not used tobeing dealt with in that way. They had the largest lawrms in town, and all of the lawyers had kind of divided

    Champion Paper and Fiber Company, Pasadena, Texas (Courtesy Houston Metropolitan Research Center, Houston Public Library,Houston, Texas)

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    Terry ORourke : 11

    up the pollution defense business. And now here was

    this twenty-ve year old kid coming down here to saythings like, Hey Bubba, were going to trial. And theytried to keep me from even getting to trial. I had to suethe judge in the case of State v. James, if you ever look itup, I had to sue the judge to get the case to go to trial.1 And I had great help from my boss, John Hill. Hill is agreat trial lawyer and he approved of my unorthodoxbehavior.

    For example, in the Champion Paper case, what I

    did is: I went to the League of Women Voters and Isaid, Look, I need to win this case. That plant stinks.Its terrible. Its not Pasadena, Texas, its Stinkadena. I need your help. I need you to man the phones. Ididnt have the money in the state budget so I sworein these women on television as special assistants tothe Attorney General of Texas. You call this numberif youve got evidence about Champion Paper pollut-ing. And I took out ads in theHouston Chronicleandthe Houston Post.The ads said, The State of Texas isgoing to trial against the Champion Paper Company, if you have evidence call this number. Special deputieswill answer the phone.

    Well golly, I mean, you talk about turning the tables.One of the lawyers here in Houston, Larry Feldcamp,wrote a letter to the State Bar complaining of my behavior.Well what did I think? I was, in a way, honored by it, butI was offended at the same time. So instead of going to theState Bar, I went to Marvin Zindler of Channel 13 Newsand said, Marvin, can you believe this stuff? A big, giantlaw rm like Baker and Botts tried to take my law licenseaway for doing the work of the people? So Marvin hadthis thing on television. He said, Larry Feldcamp mustgo to the board and write twenty-ve times, I will not tryto take the law license away from Terry ORourke. Of course, it changed and the case only settled on the day of

    trial for a one hundred thousand dollar penalty and a sig-nicant injunction. It seems small by todays standards,but at the time, it was larger than all of the penalties underthe Clean Air Act and the Clean Water Act in the wholehistory of the state in one case.

    Reel 2030; Time Code 00:13:48

    This is earth in heaven.

    Im into the theology that this is earth in heaven, and if youre going to say a prayer, that instead of saying, OurFather who art in heaven, I say, Our mother who ison earth, or, Our children who are on earth instead.I think that we have plenty of hell around us, but wevegot plenty of heaven. And, for me, one of the great-

    est things was the discovery of the heaven right herein Houston. I grew up here with this kind of mentalitythat Houston is a terrible place. You ask people aboutHouston, and they say, Oh man, its hot. The seasonsterrible. You make your money, get the hell out and goget your place in Aspen, Colorado or get out and go geta place in Galveston. I discovered that Houston andthe area around here is one of the richest ecologicalareas in the whole world. Ive come to live in that andlove it and I really sincerely believe that is a possibilityfor all of us, in some way.

    In the ecology movement, they often say, not in mybackyard. Are you familiar with that phrase, NIMBY,Not In My Backyard? Well, what is the one that says In My Backyard,you know, IMBY? What do I have inmy backyard? And I think that thats, in some mea-sure, a test. Whether were in ofces or homesit canbe whats on the balcony of my apartment, or whats inmy ofcethat we look around. What do I have therethat speaks of life when I go in there? Ive often thought,why dont we take coffee grounds or something like thatand make compost out of them? You know, we have allkinds of material. Why dont we take the paper in ourofces and make compost out of it and start growingplants around people? But, you know, maybe thats fortomorrows generation.

    1. The State of Texas, Relator v. Honorable W. Ervin James, Judge,127th District Court, Harris County, Texas, Respondent,494 S.W.2d 956(Tex. Civ. App.Houston [1 st Dist.] 1973, no writ).

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    Billy Platt Sr. : 13

    a regional ofce there, and I went in and met my boss.

    He gave me a law book, a badge, a commission card,and one of the rst patrol cars issued: an old six-cylin-der Ford, 62 model, two-door sedan with no air-condi-tioner. He said, Do you know where Newton Countyis? I said, Yes sir, and he said, Well, go over thereand go to work. I did not have one day of law enforce-ment experience. I really did not know what a war-rant was. So they sent me to Newton County. I boughtmy own pistol, moved in over there, and it was quite a

    learning experience.So I caught my rst illegal deer hunter using a shot-

    gun out of season, with his old dogs, and he was run-ning deer. When I caught him, I said, What are youdoing out here? He said, Just running my dogs. Isaid, Well then, what are you doing with your shot-gun? He said, I just like to carry it, East Texas tradi-tion. I said, Well, youre hunting deer out of season.I said what I was going to do with him. I said, Yougoing to have to load up with me and Im going to carryyou to the sheriffs ofce and we going to see what youwere hunting. So I loaded him up, my rst arrest, andcarried him into the sheriff, locked him up. And I gotmy rst lesson of politics! The local sheriff and the dis-trict attorney or county attorney wouldnt prosecute it,people just hunted like this; in East Texas it was theirway of living. And then a few days later, I caught twomen with a skinned deer. They had the butchered meatin an Igloo cooler. I carried them in, started the le onthem, and told the county attorney, Ive got to le thiscase in county court. He said, No, we le that in J.P.[ Justice of the Peace] Court. And I said, No, the lawreads I have to le it in county court. He said, Im thelaw in Newton County (this was the county attorney),Im the law in Newton County. I said, Well, what-ever. He said, How do you know that was a deer?I said, I know a deer carcass when I see it, seen themall my life. He said that it mightve been a goat. Youknow, this has beenhow many years ago, 1962? I stillremember it to this day real plain. He said, It mightvebeen a goat! I said it was a deer. He said, You cant

    prove that, Im dismissing the case. So that gets a

    person kind of riled up, when you try to enforce thelaw and your own people in law enforcement and theprosecution treat you this way because you are a gamewarden enforcing the game laws. Every other law, DWI,theyd handle it, but not a case from a game warden.

    Anyhow, I spent my training period by myself inNewton County; went to game warden school at TexasA&M and they assigned me back to Jasper County.So I went down to meet my judges, stopped at Buna

    to talk to a judge and I said, Judge, Im going to beworking down here a lot, a lot of outlaw hunting goingon here. I said, Im going to be working a lot of daysand a lot of nights and Im going to be bringing youa bunch of cases. He said, Dont bring me a gamecase. I said, Sir? He said, Dont bring me a gamecase. So I walked outside and sat down a minute andsays, you know, this is bad. When you get down hereand you work your butt off and bring them in here andthey dismiss them. No, Im not going to do that. So Ihad a judge in Jasper, he was a humdinger. He wouldsay, whatever you want, youll get, as far as setting nes.So when I caught someone down at the lower end of Jasper County, I had one, two, three Justices of thePeace between there and Jasper. I bypassed them all andwent to my judge up here in Jasper. This might not havebeen right, you know, but I had to get something done.And people back then, really didnt know that I couldntlegally le a case up here. But if they said, No, I wantthis case led where I live, I had to le there, if theyrequested it. But they didnt know that they could dothis. And I would bring them up to my hanging judgeand hed hang them. So, you know, the other judgesstarted looking at the situation and then landowners,like the Withers down at Buna, they used to call that judge right quick and say, Judge, you need to do some-

    thing about these outlaw hunters. I live here and theseoutlaw hunters are eating me up, and then Bill comesby here and he catches these outlaw hunters, they takethem in there and yall dismiss it. They said, Thatsnot going to work anymore. We want to see something

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    done with them, and it started changing. When your

    landowners and your local people started wanting lawsenforced, things started changing, and theyve beenchanging for the better ever since. Its a good situationnow.

    Reel 2428; Time Code 00:51:27

    You cant really train a person to be a game warden. You

    can go to Game Warden Academy for seven months andyou learn many, many different laws for many differ-ent things, but you cant teach the instincts of an outlawhunter. And youve got a lot of real good young menthat now have a college degree. When I went to work,you had to have a high school degree. Youve got a lot of game wardens now, they went from high school straightto college. They havent had a lot of experience in thewoods. Back in my outlaw days on maybe a cold drizzlynight, wed say, Hey, boy, this is a good night to shoot adeer, lets go tonight. Wed go out and wed kill a deer.So when I got to be a game warden, I knew all this. Imean, I had been an outlaw hunter and I knew how theyoperated. If I went to bed at ten oclock at night and ateleven oclock at night, I heard a drizzle dripping off myhouse, Id think, theyre stirring tonight. Id get up andput my uniform on and Id go out and Id usually catcha night hunter because I knew how they operate. Butits changed a lot. The regulations now are stiffer. Thepenalties are severe for getting out here and shooting anold deer at night off a public road or anywhere. You canbe arrested and put in jail for a year! It can be a felony,depending on what kind of case you le. Everything haschanged so much, but your experience in the woods,well, I have a lot of young wardens come by here andask me a lot of questions about the old days, which,you know, you enjoy telling war stories. Youve got alot of good young men but it takes them a long time toreally learn the woods and how to really catch an outlawhunter or sherman.

    1. Local stock laws requiring that cattle, sheep, goats and other livestockbe fenced were authorized in Texas as early as 1876 , but the open rangepersisted in parts of East Texas well into the post-WWII era, as late as 1960.The tradition of the free range allowed neighbors to graze their cattle andhogs on neighbors lands, as well as hunt, sh, and trap, without close regardto the landowners preferences, or the requirements of state game laws.General Laws of Texas,ch. 98 (August 15, 1876); Texas Constitution, art.16, secs. 22, 23; Thad Sitton, Backwoodsmen: Stockmen and Hunters along a Big Thicket River Valley(Norman: University of Oklahoma Press, 1995)194232; Thad Sitton and C. E Hunt, Big Thicket People(Austin: Universityof Texas Press, 2008) 3, 9, 40, 46, 52, 70.

    2. Mr. Platt came to be a warden when game law enforcement in EastTexas was still relatively new and rare, though regulation elsewhere in thestate was quite well established. The rst game laws in Texas were enactedin 1861, a two-year closed season on bobwhite quail on Galveston Island.Severe decreases in wildlife populations in the latter 1800s and early 1900sled to the creation of the Texas Game, Fish, and Oyster Commission in1907. The rst bag limits were placed on white-tailed deer and turkeys thatsame year, and the rst hunting licenses were issued in 1909. Shawn Bengs-ton, Randy Blankinship, and Craig Bonds, Texas Parks and Wildlife Depart-ment History, 19632003 (Austin: Texas Parks and Wildlife, 2003), 72.www.tpwd.state.tx.us/publications/pwdpubs/media/pwd_rp_e0100_1144.pdf (accessed November 11, 2009). However, through the 1950s, eachcounty continued to set its own hunting seasons and the means of taking

    game, with the commissioners court and county judge taking on enforce-ment responsibilities. By the 1960s, the state wildlife agency adopted generallaws governing wildlife, standardizing the regulations, and making them lesssubject to local politics.

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    Year Topic Selected Environmental Events Signicant for Texas

    1729 Water San Antonio River is rst diverted in the state, to be used for irrigation at Spanish missions

    1836 Population At independence from Mexico, Texas population is gauged at roughly 50,000

    1840 Water The Republic of Texas turns from the Spanish and Mexican system of water appropr iation, based on the concept of rst-in-time, rst-in-right for benecial water uses, and adopts the English rule of riparian right where all owners of land adjacent to astream have water rights

    1846 Wildlife Ferdinand von Roemer notes that it is punishable by ne to kil l vultures in Texas, the rst mention of wildlife protection in thestate, possibly under a county or common law provision

    1850 Population Texas state population is estimated to be 212,592

    1852 Water The State of Texas passes the Irr igation Act of 1852 which grants counties the author ity to regulate dams and ditches, startinga Texas tradition of delegating water decisions to local governments

    1856 Water The Supreme Court of Texas recognizes a r ipar ian system of water rights, allowing landowners adjacent to rivers to divertwater

    1861 Wildlife The rst game law is passed in Texas, imposing a two-year closed season on bobwhite quail on Galveston Island

    1861 Parks Texas acquires ten acres of public property at San Jacinto to commemorate the decisive battle of the Texas Revolution, desig-nated in 1897 as a park

    1873 Water Red River log raft is removed, lowering water levels in Caddo Lake

    1874 Wildlife Texas enacts i ts rst trespass statute, protecting enclosed lands from trespass by shooting, hunting, shing or fowling

    1874 Fisheries Texas passes regulations restricting coastal seining and netting

    1876 Food and Agriculture The rst local stock laws requiring fencing of cattle, sheep, goats, and other livestock are passed in Texas

    1876 Water Irrigation for farming in the Lower Rio Grande Valley begins on a small scale

    1879 Wildlife The rst state-wide Texas game law is passed, protecting songbirds and establishing a season for dove and quail hunting

    1879 Fisheries Texas creates the Ofce of Fish Commissioner, charging i t with the duties of preserving sh and building sh ladders

    1881 Wildlife Texas creates a 5-month closed season for prairie chickens and a 3 -month closed season for turkey

    1883 Wildlife The Texas Legislature exempts over half the state (130 counties) from all sh and game laws1885 Fisheries The Texas Legislature abolishes the Ofce of Fisheries Commissioner in a climate of fall ing farm commodity prices and con-

    servation apathy

    1887 Wildlife Remnants of the southern buffalo herd are consolidated and protected by Charles and Molly Goodnight

    1889 Wildlife Frio County cit izens petit ion Texas Legislature to place i t under protection of state game laws, due in part to insect and rodentcrop damage

    1889 Water Texas passes the Ir rigation Act, replacing riparian rights with the prior appropr iation system (rst in time, rst in right)when diverting water from rivers

    1890 Forests and Silviculture The Texas Arbor Day and Forestry Association has its initial meeting, seeking renewal of forests and diffusion of knowledgeregarding woodlands

    1891 Wildlife Against plume hunters for the hat trade, Texas enacts protection for seagulls, egrets, herons, and pelicans

    1891 Water Rice production begins on a commercial scale in Jefferson County wi th delivery of irr igation water from pumps on TaylorsBayou

    1893 Water Austin Dam, the rst major dam on the Colorado River, is completed (destroyed in 1900 by oodwaters)

    Appendix 1

    Texas Environmental History Timeline

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    262 : Appe ndix 1

    Year Topic Selected Environmental Events Signicant for Texas

    1893 Parks Texas author izes funds for purchase of land at the Alamo site, Goliad, Refugio, and San Jacinto to commemorate cr iticalbattles in the Texas Revolution

    1895 Fisheries Texas Fish and Oyster Commission created to regulate shing in the state

    1897 Wildlife 77 Texas counties claim exemption from state game laws, declining from 130 in 1883

    1897 Public Organization The Texas Game Protective Association, an early wildlife conservation group, is organized

    1897 Wildlife The Texas Legislature declares that some avian species are public property

    1898 Coast and Estuaries The railroad magnate Arthur Stilwell organizes dredging of a ship canal from Sabine Lake to Gulf Pass, providing ocean accessfor Port Arthur

    1899 Public Organization The rst Audubon group is created in Texas, in Galveston

    1900 Coast and Estuaries A hurricane strikes Galveston, inundating the island and killing 6,000 to 12,000

    1900 Wildlife The last veried Texas sighting of a wild jaguar is made

    1900 Population The Texas state census shows a population of 3,055,000

    1901 Energy The Spindletop oil well taps into a salt dome near Beaumont, and helps found Gulf Oil, Texaco, and the commercial petro-leum industry

    1901 Wildlife The State of Texas prohibits nighttime waterfowl hunting

    1903 Wildlife The Texas Legislature creates a 5-year closed season on antelope, mountain sheep, and deer, and sets bag l imits on turkey,quail, and dove

    1903 Wildlife The Texas Legislature passes the American Ornithological Union Model Law declaring all wildlife to be public property

    1904 Water Large-scale irr iga tion begins in the Lower Rio Grande Valley as the arr ival of the railroad allows cost-effective delivery of produce to markets

    1904 Water A Texas Constitutional amendment is adopted author izing the rst public development of water resources in the state

    1904 Water The Texas Supreme Court adopts the rule of capture in Houston Texas & Central Railway Co. v. East , giving the surfaceowner generally unlimited rights to withdraw groundwater under ones land, denying that such use can be restricted by areasonableness standard

    1905 Wildlife The Texas House establishes a Game and Fisheries Committee with jurisdiction over preservation and propagation of stategame, and power to regulate sh and oyster industries

    1905 Forests and Silviculture Upon passage of a competitive bidding process in this year, only 31,978 acres of timber on public land remain out of an origi-

    nal 300,000 acres, much having already been distributed in an undervalued and/or fraudulent manner1905 Fisher ies The rst steam-operated shell dredge in Galveston Bay expands use of mudshell as a construction mater ial

    1907 Wildlife A Game Department is added to the regulatory apparatus of the Texas Fish and Oyster Commission

    1907 Wildlife The rst Texas game wardens are hired

    1907 Forests and Silviculture The Texas timber yield peaks at 2.25 billion boardfeet of lumber

    1908 Public Organization The Texas Conservation Association is founded

    1909 Wildlife The rst requirement is imposed for Texas resident hunters to have a license

    1909 Forests and Silviculture The Yellow Pine Manufacturers Association pledges to practice sound forestry techniques and to lobby for federal and statere protection

    1910 Forests and Silviculture The Texas Conservation Association convenes its rst meeting, with 200 state ofcials, lumbermen, and conservationists inattendance, and adopts proposals deploring waste of all natural resources, particularly forests, and recommending creation of astate forestry agency

    1911 Water Irrigation from wells near Plainview begins, likely the rst such operation in the High Plains

    1911 Forests and Silviculture The Texas House creates a standing committee to investigate forestry legislation

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    Appendix 1 : 263

    Year Topic Selected Environmental Events Signicant for Texas

    1913 Water The Texas Legislature creates the Board of Water Engineers to monitor and regulate water development1913 Water Texas passes the General Irr igation Act of 1913, making it illegal to take water from a public stream without rst having a

    permit from the Board of Water Engineers

    1914 Water Caddo Lake water levels are stabilized by earthen dams

    1914 Coast and Estuaries Dredging of the 50-mile long Houston Ship Channel is completed and the canal is opened for navigation

    1914 Forests and Silviculture The Texas Forestry Association is created with a charge to lobby for a state forestry agency

    1915 Coast and Estuaries The Texas City dike is constructed, trapping nutrients and sediments and raising the salinity of Galvestons West Bay

    1915 Forests and Silviculture The Legislature establishes the Texas Department of Forestry (renamed the Texas Forest Service in 1926)

    1916 Water The Texas Constitution is amended to authorize creation of river authorities and water conservation districts to help rationa l-

    ize administration of water use, and to augment bonding power for irrigation and ood control projects1917 Water The Conservation Amendment to the Texas Constitution is adopted, declar ing that conservation of all natural resources of the

    state is a public right

    1917 Water Texas adopts the Texas Water Code, providing for termination of r iparian water r ights in cases where water is not put to abenecial use within 3 years, and giving the Board of Water Engineers the power to adjudicate water rights and to appoint awater master

    1917 Energy The Texas Railroad Commission is given the power to regulate oil pipelines as common carr iers, like railroads, and empow-ered to prevent the waste of oil and gas

    1918 Wildlife An agreement between the U.S. government and southern coastal states, including Texas, temporarily suspends game, sh andoyster laws as a wartime measure, but is reimposed in 1919 after a Texas protest

    1921 Energy The Gulf-Burnet No. 2 well produces the rst Panhandle oil and encourages further exploration1923 Parks Audubon begins a network of coastal island sanctuar ies in Texas, to protect wading birds decimated by the millinery trade

    1923 Energy Construction of a carbon black plant in Stephens County signals the creation of the Texas petrochemical industry

    1923 Public Organization The Outdoor Nature Club in Houston, a non-prot group for study and protection of nature, is formed

    1923 Wildlife The Texas Legislature approves the Game, Fish and Oyster Commission to make full use of l icense and fee revenue, formerlydiverted to the General Fund, doubling the Commissions disbursements, and allowing it to hire 50 additional game wardens

    1923 Public Organization The Texas State Parks Association organizes for encouraging and assisting in the establishment of a systems of State parks,and proposes parks in the Davis Mountains, Palo Duro Canyon, Frio Canyon, Junction, Bosque County, and Rabbs PalmGrove in Brownsville

    1923 Parks Texas State Parks Board is created by the Legislature and empowered to solicit donations of tracts of land for the purpose of public parks and to investigate and locate tracts suitable for use as state parks

    1924 Wildlife The Texas Game, Fish and Oyster Commission uses movies of native wildlife to promote conservation

    1925 Wildlife The Texas Legislature approves a game preserve act empowering the Game, Fish and Oyster Commission to lease land fromprivate landowners to create sanctuaries where hunting would be restricted and populations could recover

    1926 Water Boyd v. Motyl Heirsruling asserts that state of Texas has control over storm and ood waters, and that the Board of WaterEngineers has authority to make appropriations for water projects

    1926 Coast and Estuaries Dredging of the Corpus Christi ship canal is completed, providing a port for ocean-going vessels

    1927 Industrial Accident The Gulf of Venezuela, an 85,000-barrel gasoline tanker, explodes in Port Arthur, killing 29

    1927 Pollution The Texas Game, Fish and Oyster Commissioner receives legal authority to prosecute violators of pollution statutes1929 Water The Texas Legislature author izes creation of the Brazos River Conservation and Reclamation District, the rst of the major

    river authorities that were organized for irrigation, ood control, and hydroelectricity development

    1930 Forests and Silviculture Angelina County Lumber Company plants 200,000 seedlings, one of the rst examples of reforestation in the state

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    Appendix 2

    List of Narrators

    This book is a small pieceof a much larger archive,consisting of a handful of carefully but nevertheless

    somewhat randomly cho-sen excerpts, and from onlya few narrators. Many morewonderful people have par-ticipated in the Texas LegacyProject and they deservemuch more attention. Weurge you to read their storiesand learn about their lives

    and contributions at the web-site, www.texaslegacy.org.

    At this time, November2009, the full collection con-sists of interviews with thefollowing individuals:

    A

    Marjorie AdamsBill Addington John AhrnsRichard AllesSusana AlmanzaTony Amos Jim Bill AndersonLaNell Anderson

    George ArchibaldDede ArmentroutBob ArmstrongMary ArnoldGeorgia Auckerman

    B

    Sue Bailey

    David BambergerMalcolm BeckMavis BelisleMaria Berriozabl Janice BezansonAlan BirkenfeldDarryl Birkenfeld Jim BlackburnDavid BlankinshipDeyaun BoudreauxMike BradshawBetty BrinkGeorge BristolAl Brothers John BryantWinnie BurkettBob BurlesonMickey BurlesonAlma BurnamEarl Burnam

    C

    T. C. CalvertMary Lou CampbellNeil Carman John CarpenterScooter CheathamRussel ClapperH. C. ClarkBessie Cornelius

    Ernie CortesFelix CoxDavid CreechDavid CrossleyCarol CullarSusan CurryTom Curry

    D

    Fred DahmerWalt DavisBill DawsonLarry DeMartinoDonnie DendyDelbert DevinAlfred DominicRichard DonovanRobin DoughtyLouis DuboseHelen Dutmer

    E

    Jim Earhart John EcholsBob Eckhardt Jim Eidson Jane Elioseff Victor EmanuelMidge ErskineTed Eubanks

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    272 : Appe ndix 2

    F

    John FaireySissy FarentholdShudde FathBebe FenstermakerMartha FenstermakerMary FenstermakerMerriwood FergusonBen Figueroa

    Pliny FiskHal FlandersDavid Freeman Johnny FrenchCarl FrentressNed Fritz

    G

    Nacho GarzaBeverly GattisHana GinzbargPhyllis GlazerKatherine Goodbar Jeanne Gramstorff Jesse Grantham John Graves J. D. GravesMeg GuerraPete Gunter

    H

    Ann HamiltonGrover HankinsRichard HarrelAdlene HarrisonEd HarteStuart HenryTootsie HerndonSylvia Herrera

    Terry Hershey

    Jim HightowerHenry HildebrandTim HixonDennis HolbrookBuddy HollisClark HubbsSusan Hughes

    J

    Reggie JamesPat JohnsonMaxine Johnston

    K

    Don KennardMarie Killebrew

    Michael KingWalt KittelbergerTonya KleuskensStephen KlinebergKen KramerFrank Kurzaj

    L

    David LangfordDan LayRob LeeMarvin LegatorRichard LeTourneauRuth LofgrenRick LowerreKamlesh Lulla Jim LynchMary LynchSusan Lynch

    M

    Roy MalveauxBrandt MannchenDavid MarrackCarla MarshallLeroy Matthiesen James MatzCraig McDonaldBob McFarlane

    Terry McIntireBilly Pat McKinneyBonnie McKinneyPleas McNeelIke McWhorterMartin MelosiSusan MikaChar MillerGenevieve Miller

    Joe Moore, Jr.

    N

    Jim NealBill NeimanGerald North

    O

    Clarence OgleGary OldhamBill OliverGary OliverTerry ORourkeKeith Ozmore

    P

    Marcos ParedesHoward PeacockLarhea Pepper

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    Appendix 2 : 273

    Mary Anne Piacentini

    Mary Anne PickensEllis PickettTom PincelliBilly PlattSue Pope John Praeger

    Q

    Daniel QuinnArmando Quintanilla

    R

    Bob RandallCampbell ReadGeorge RiceSusan Rieff

    Chester RowellGeorge Russell

    S

    Fran SageAndy SansomBen SargentCarol Ann Sayle John ScanlanEd Scharf Irene Scharf Jim SchermbeckDavid SchmidlyCarl SchoenfeldA. R. Babe SchwartzPeggy SechristRichard SechristKenneth SeyffertCarroll ShaddockBill ShefeldDwight Shellman

    Larry Shelton

    Mike ShoupTed Siff Fay SinkinLanny SinkinGeorge SmithRussel SmithSmitty SmithSteve SmithCarmine Stahl

    David StallLinda Stall Jim SteiertKerrie SteiertSharron Stewart Jim StinebaughPat Suter

    T

    Jim TeerEllen TempleLucie ToddBenito TrevinoCarlos TruanMerlin Tuttle

    U

    Nancy Umphres

    V

    Genevieve VaughanTom VaughanGeorge VeniGail VittoriGary Vliet

    W

    Geraldine WatsonEvangeline WhortonAndy WilkinsonFred WillsDiane WilsonBillie Woods

    Z

    Ken ZarkerBarrie Zimmelman

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    Index

    (Names inbold indicate Texas LegacyProject narrators; page numbers inbold denote their narration excerptsincluded in this book. Page numbersfollowed byn indicate notes.)

    Acid Rain Program, Clean Air Act (1990),21n3

    Active Citizens Concerned Over ResourceDevelopment (ACCORD), 153, 15455

    Addicks Dam, 127Addington, Bill , 201204additive mortality, 62Agribusiness Accountability Project, 35agricultural commodities, local, 3738agriculture.Seeirrigation practices; organic

    farming; sustainable agricultureAir Alliance Houston, 21n1. See also

    Galveston-Houston Association forSmog Prevention

    air pollution: Alcoa smelter and, 13436;grandfathered sources of, 11820,

    120nn14; NRDC study, 213, 218 n2Alcoa Corporation, 12123, 13336Almanza, Susana , 205209aluminum smelters, 134, 135, 136n1American Bald Eagle, 109Amistad Reservoir, 100Anasazi, 244Anderson, LaNell , 21317Anderson, Ray, 180 Annals(Gaius), 43antibiotic resistance, 14344, 144n3antibiotics in food animal production,

    14244Applewhite Reservoir, 4649Armentrout, Dede , 199Audubon Outdoor Club, 109Audubon Society, National, 58, 59, 68,

    69, 71n1, 72, 199. See also specic local societies

    Austin American-Statesman,185

    B. A. Steinhagen Reservoir.SeeLake B. A.Steinhagen

    Barker Dam, 127Barrientos, Gonzalo, 208Barton Springs, 186, 188n2Bates, Jim, 51Bayou Preservation Association, 124Bayou Ship Channel Company, 127n1beach access, public, 4345Beck, Malcolm, 16062

    Belcher, Madge Elizabeth, 211, 212Belisle, Mavis, 87Benedictine Sisters, 121, 122Bermudagrass, 173n1

    Berriozabl, Maria , 4649Bertell, Rosalie, 88Bexar Audubon Society, 104 Beyond Civilization(Quinn), 181 Beyond Ecophobia(Sobel), 114Big Bend National Park, 5n5Big Bend Ranch, 55Big Cypress Bayou, 228Big Thicket Association, 2426Big Thicket National Preserve, 23, 33n4biological warfare research, 101BIP (Border Industrialization Program),

    123n1birds: nongame bird protection, 71n1; oiland gas waste pit mortality, 197200;pesticide toxicity, 109

    Birkenfeld, Darryl , 90, 91birth defects, 211, 212n2Blackland Prairie, 5052Border Industrialization Program (BIP),

    123n1bottomland hardwood forest, 32, 33n7Boudreaux, Deyaun , 140Bracero program, 123n1Brays Bayou, 125, 127Brazos River, 13738, 18283Breaux, John, 66Bridges, Ronald, 42Brink, Betty , 88Brooks, Chet, 42Brothers, Al , 6163Brown Pelican, 109, 111nn12Buffalo Bayou, 12426Bullard, Robert, 78Burleson, Bob , 5052Burnham, Daniel, 239, 242n1Bush, George H.W., 115 n2, 12526buttery collecting, 1516

    Caddo Lake, 115n1, 227, 230n1CAFOs (conned animal feedlot opera-

    tions), 14244, 153, 15456, 156n1Caldwell, Neil, 138

    Calhoun County Resource Watch, 223cancer alley, 14142, 144n1cap and trade, 21n3capped harvest, in sheries, 67n1

    Caprock, 90carcinogens, 213, 217n1CARE (Citizens Against a Radioactive Envi-

    ronment), 210, 211CARE Program (Clean Air Responsibility

    Enterprise), 120, 120n4Carson, Rachel, 51, 82, 176, 178n1, 184, 232cartoons, political, 18588Cavalcade of Texas(videotape), 25354, 255Cecropia Moth, 15CFC (chlorouorocarbons), 108n2Champion Paper Company, 10, 11

    Cheatham, Scooter , 2729Chemical Accident Board, 217Chemical Alert!(Legator), 105chemicals: exposure of farm workers, 3637,

    82, 106; toxicologic testing of, 105108,108n1. See alsopetrochemical plants

    Chihuahuan Desert, 201204childhood experiences: Andy Sansom,

    5253; Benito Trevino, 15758; Bill Nei-man, 17071; Bob Burleson, 51; CarolCullar, 9395; Diane Wilson, 22324; Jeanne Gramstroff, 15354; Jesse Gran-tham, 6869; Jim Earhart, 9799; JimHightower, 3536; John Echols, 22728; John Graves, 182; Leroy Matthiesen,8990; Maria Berriozabl, 46; Ned Fritz,12829; Reggie James, 14142; RobertLee, 1516; Susana Almanza, 205206;Susan Curry, 145; Ted Eubanks, 7274

    children: education of, 114; nature aware-ness of, 9495

    Chisum, Warren, 156chlorouorocarbons (CFC), 108n2Christie, Joe, 42Citizens Against a Radioactive Environment

    (CARE), 210, 211Citizens Environmental Advisory Commit-

    tee, 97, 124, 177Citizens Environmental Coalition, 124Citizens Survival Committee, 137citrus farming, 15052

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    Index : 275

    City Beautiful movement, 242n1Clean Air Act, 21n3, 78, 108n2, 120n1,

    13336Clean Air Responsibility Enterprise (CARE

    Program), 120, 120n4Clean Water Act, 5n6, 78clear-cutting, 128, 129, 132nn34climate change, 23638Clinton, Bill, 217Coalition for Justice in the Maquiladoras, 122Cole, Criss, 42Colorado River, 89, 152n1, 178n1, 199commercial carpet industry, 18081commercial shing, 6467

    Commoner, Barry, 82Communities Organized for Public Service, 84compensatory mortality, 6162conned animal feedlot operations (CA-

    FOs), 14244, 153, 15456, 156n1Congress Watch, 117, 118Connelly, Karen, 48conservation, preservation compared to,

    6162conservation easements, 54, 56n1conservation movement, history of, 2, 5354Corpus Christi Caller-Times,185

    Cortes, Ernie , 8183Costa, Rick, 156cotton farming, organic, 16366Cotton Plus, 164, 166Cox, Felix, 6467Cullar, Carol , 9396Cullinan, Nina, 192Curry, Susan , 14548

    Dallas Audubon Society, 128 Dallas v. Hall and Texas Water Development

    Board v. U.S. Dept. of the Interior, et al., 33n6

    Dam B, 30, 33n3Davis, Walt , 16769DDT, 109 Decent Society, A(Margalit), 83Defenders of Wildlife, 199de la Garza, Kika, 247DeMarco, Susan, 37development: land loss to, 56n1; roadways

    and, 240Dingell-Johnson Act, 63n1 Dirty Air, Dirty Money,119, 120Donovan, Richard , 3033Dow Chemical, 106, 137 Dumping in Dixie (Bullard), 78

    Earhart, Jim , 97100Earth Day, 39, 54, 138, 19091East Austin Tank Farm, 206209

    East Texas Experience, 32Echols, John, 22729Eckhardt, Bob , 43, 45, 45n2 Ecology of Commerce, The(Hawken), 180ecotourism, 7475editorial cartoons, 18588education, Quinn on, 17980Edwards Aquifer, 4649, 100, 102, 188n2egret plume trade, 71n1electricity, wind generated, 248 Encyclopedia of Useful Wild Plants of Texas

    (Cheatham, Johnston, & Marshall), 27Endangered Species Act, 5n6, 128English common law, 43, 45n3

    environmental/conservation movement, his-tory of, 2, 5354Environmental Defense, 66environmental investigation, air quality,

    1821environmental issues, public opinion on,

    58, 59n7environmental justice movement, 7780environmental organizations, role of, 58EPA. SeeU.S. Environmental Protection

    AgencyErskine, Midge , 197200

    ethnic diversity, 1Eubanks, Ted , 7275exotic plants, 172, 173n1

    Farenthold, Sissy , 3941, 138farm workers, chemical exposure of, 3637,

    82, 106Fastrill Reservoir, 30, 33n6Fay, Ernie, 124Federal Aid in Sport Fish Restoration Act,

    63n1Federal Aid in Wildlife Restoration Act.See

    Pittman-Robinson Actfeedlots.Seeconned animal feedlot opera-

    tionsfencing, laws requiring, 14n1sheries, 6467sh kills, 176, 178n1Flanders, Hal , 145food animal production, antibiotics in,

    14244food-borne pathogens, 14244, 144nn23food stamp program, 247food transport distances, 38n2forestry management, 12831, 131n1,

    132nn38forests, tree species distribution in Texas,

    132n5 For-Giving: A Feminist Criticism of Ex-

    change(Vaughan), 85Formosa Plastics, 223, 22526, 226n1

    Foundation for a Compassionate Society,88n2

    free range tradition, 14n1Frentress, Carl , xii, 112 15Friends of Hermann Park, 239Friends of the Earth, 59Friends of the Sabine, 219Fritz, Ned, 23, 24, 12832Frontera Audubon Society, 159

    Gaius, 43Galveston Bay, saline intrusion in, 127n1Galveston Bay Estuary Program, 74, 137Galveston-Houston Association for Smog

    Prevention (GHASP), 18, 21n1game law enforcement, 1214, 1617game laws, 14n2Garcia, Gus, 207, 209Garden Cities, 242n3Garden-Ville, 160Gattis, Beverly , 23134genetic toxicology, 105106GHASP (Galveston-Houston Association

    for Smog Prevention), 18, 21n1Gibraltar Chemical Resources, 195, 196n1Glazer, Phyllis , 19396

    Global Warming and the Impact on Texas, 237Goddard Space Flight Center, 236Goodbye to a River (Graves), xi, 182Goude, Glen, 27Gramstroff, Jeanne , 15356Grand Parkway, 241Grantham, Jesse , 6871Graves, John , xi, 18284Greater Caddo Lake Association, 227, 229Great Texas Coastal Birding Trail, 75, 75n2green building, 24345Greenpeace, 139Guadalupe River, 28Guerra, Maria Meg, 17578Gulf of Mexico: shery in, 6467; hazardous

    waste incineration in, 13740Gutierrez, Philip, 208

    habitat degradation, overstocking and,6162

    habitat restoration with native plants, 157,159n1, 17273

    Hamilton, Ann , xii, 19092Hard Scrabble (Graves), xi, 182hardwood trees: importance of, 12930;

    selective elimination of, 132nn56Harris County Flood Control District,

    12427Harris County Flood Control Task Force,

    124

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    276 : Index

    Hawken, Paul, 18081Hayes, Dennis, 190hazardous waste facilities, minority neigh-

    borhoods and, 19394, 196n2hazardous waste incineration, 13840Health Detectives Handbook(Legator), 105herbicides, in hardwood trees elimination,

    132n6Herndon, Tootsie , 21012Herrera, Sylvia , 205, 206Hershey, Terry , 12426Hershey Foundation, 190high-level radioactive waste disposal, 231,

    234nn12

    Hightower, Jim , 3538, 99Hill, John, 9, 11hog-raising facilities, 153, 15456, 156n1Holbrook, Dennis , 15052Holistic Resource Management, 167, 169n1Homestead Exemption, 82, 84n1Housing Act (1949), 82Houston: ood control in, 12426; petro-

    chemical manufacturing in, 21n2; portof, 127n1

    Houston Endowment, 190Houston Home and Garden Magazine,244

    Houston Parks Board, 190, 19192Houston Ship Channel, 126, 127 n1, 216hunting, conservation funding from, 62

    Illinois Central RR Co. v. Illinois,45n3incineration of hazardous waste, 13840Individual Transferable Quotas (ITQ), 66,

    67nn23industrial accidents, 217, 218n3Industrial Areas Foundation, 81, 82industrial chemicals, toxicologic testing of,

    105108, 108n1Interface Corporation, 180Interfaith Center on Corporate Responsibil-

    ity, 121interview methods, 24958interview questions, 25153irrigation practices, 99irrigation water allocations, 151, 152n1Irving, Washington, 129 Ishmael (Quinn), 179, 180, 181ITQ (Individual Transferable Quotas), 66,

    67nn23

    James, Reggie, 14144 Johnson, Lady Bird, 39 Johnston, Marshall, 28 Johnston, Maxine , 23, 26 Jordan, Barbara, 42, 51 Junior League of San Antonio, 103104 Justinian Code, 43

    Katy Prairie, 241Katy Prairie Conservancy, 239Kelly Air Force Base, 47, 88Kelsey, Mary, 124Kennard, Don , 51Killian, Jack, 106

    lagoons, hog production operations, 154Lake Athens, 11314Lake B. A. Steinhagen, 31, 33n3Lake O the Pines, 227, 229Lake Texoma, 36, 219Lake Wayland, 197Lamm, Richard, 190

    landscape footage recorded, 253land trusts, local, 54La Paz Agreement, 202, 204n3, 211Laredo, 97100, 17578Laredo Community College, 97, 99 LareDos,175, 177Lavaca Bay, 22326, 226n1Lay, Dan , xiiLeague of United Latin American Citizens,

    48League of Women Voters, 11, 40, 58,

    102104, 119, 120

    Leathers, Robert, 191Leavitt, Mike, 186, 188n1Lee, Rob, 1517, 198legal history, 12, 5n4Legator, Marvin , 105108legislation, environmental, 59Lehman Research Foundation, 93LeTourneau, Richard , 21922lignite, 13336Little Cypress Bayou, 229Little Cypress Reservoir, 219, 227, 230n2lobbyists, grandfathered pollution sources

    and, 11820, 120n3local agricultural commodities, 3738, 38n2Lofgren, Ruth , 101104Longhorn cavern, 5n5Long Now Foundation, 259n1Lower Rio Grande Valley National Wildlife

    Refuge, 157, 159n1low-level nuclear waste disposal, 14547,

    148n4, 202204, 204nn12, 204n4

    Magnuson Act, 66Malveaux, Roy, 7779Mannchen, Brandt , 1821maquiladoras, 121, 123n1, 211, 212 n2Margalit, Avishai, 8283 Martin v. Waddells Lessee,45n3Matthiesen, Leroy , 8991Maxey, Glen, 208McDonald, Craig , 117 20

    methods for oral history project, 24958Mexican border factories, 121, 123n1migratory birds, oil and gas waste pit mortal-

    ity, 197200Migratory Bird Treaty Act, 199Mika, Susan , 12123Miller, Char , 4millinery trade in feathers, 71n1mine dewatering, 136n3minority neighborhoods, hazardous waste

    facilities and, 19394, 196n2minority population, 4n3mishpot, 82Mitchell, George, 125

    Mitchell Lake Wetlands Society, 102104mitigation banking, 115n2mitigation for reservoirs, 113, 115n2Mobley, John, 195monoculture pine plantations, 129, 132n5Moore, Bill, 51Mothers for Clean Air, 21n1Mothers Organized to Stop Environmental

    Sins (MOSES), 193moths, 1516Mountain States Legal Foundation, 5n6Muleshoe National Wildlife Refuge, 5n5

    Nader, Ralph, 118narrators, 6, 7, 27173National Academy of Sciences, Upton Com-

    mittee, 106National Advisory Committee on Oceans

    and Atmosphere, 137, 139National Audubon Society, 58, 59, 68, 69,

    71n1, 72, 199. See also specic local societies

    National Center for Atmospheric Research,236

    National Environmental Policy Act, 211National Forest Management Reform Act,

    128, 131n1national forests, 130, 132n7National Park Service, 23National Recreation and Park Association

    (NRPA), 53Natural Resources Defense Council

    (NRDC), 213, 218 n2National Society of Students in Parks and

    Recreation, 53Native American Seed, 170native plants, 15759, 159n1, 17273Natural Area Preservation Association.See

    Texas Land ConservancyNaturally Occurring Radioactive Materials

    (NORM), 210, 212n1Nature Conservancy. SeeTexas Nature

    Conservancy

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    Index : 277

    Natures Half Acre(lm), 85Neches River, 3033Neches River National Wildlife Refuge, 32,

    33n6Neches River Protection Initiative, 32Neighbors for Neighbors, 13336Neiman, Bill, 17073netting, 52netting ban, 52n2New Source Review (NSR), 135, 136n2nongame bird protection, 71n1non-game stamp, 62NORM (Naturally Occurring Radioactive

    Materials), 210, 212n1

    North, Gerald , 23638Northeast Texas Regional Water PlanningGroup, 22021, 222 n3

    NRDC (National Resources Defense Coun-cil), 213, 218n2

    NRPA (National Recreation and Park As-sociation), 53

    NSR (New Source Review), 135, 136n2nuclear waste disposal.Seeradioactive waste

    disposalNuclear Waste Policy Act (1982), 234n2nuclear weapons, 8688, 232

    Occupational Safety and Health Administra-tion (OSHA), 216, 217

    Ocean Dumping Ban Act (1988), 148n3ocean incineration, 13840, 140n1Ocean Incineration Program, 140oil and gas waste pits, 197200Ojeda, Martha, 122Oliver, Gary , 147ONeill, Paul, 12223Open Beaches Act, 4345, 59, 59n8Organic Essentials, 164organic farming, 15052, 16062, 16366ORourke, Terry , 911Osage Hills, 129OSHA (Occupational Safety and Health

    Administration), 216, 217oyster reefs, dredging of, 5152

    PACE (People Against Contaminated Envi-ronments), 78

    Paddling the Wild Neches(Donovan), 30Palo Duro Canyon, 5n5Pantex, 8588, 232, 234n3Parker Brothers, 51Park People, 124, 190passive solar cooling strategy, 244patriotism, Gattis on, 23334Peace Farm, 87People Against Contaminated Environments

    (PACE), 78

    People Organized in Defense of Earth andHer Resources (PODER), 205, 206

    Peoples Task Force for Base Cleanup, 88Pepper, Larhea , 16366Peregrine Falcon, 109Permaculture, 244, 245n1pesticides: exposure of farm workers,

    3637, 82, 106; toxicity to birds, 109;use/production in Texas, 3637, 38 n1

    petrochemical companies, power of,199200

    petrochemical plants, 21n2, 14142, 144n1Piacentini, Mary Anne , 23942Pine Bark Beetle, 26n2

    Piping Plover, 6971Pittman-Robinson Act, 62, 63n1Platt, Billy, 1214PODER (People Organized in Defense of

    Earth and Her Resources), 205, 206political cartoons, 18588political process in Texas, 118polluters, court prosecution of, 911Polyphemus Moth, 15, 16populism, 3536prairie restoration, 17273precautionary principle, 108, 108n2

    prescribed burning, 12931, 132n8preservation, conservation compared to,6162

    private land ownership in Texas, 56n1private land stewardship, 54Promised Land Network, 91property rights movement, 2, 5n6public beach access, 4345Public Citizen, 117, 246public forests, 130, 132n7public land acquisition, 5455public opinion, on environmental issues,

    58, 59n7Public Trust Doctrine, 44, 45 n3

    quality deer management, 6263Quebedeaux, Walter, 10Quinn, Daniel , 17981Quionas, Julia, 122Quitman Mountains, 202

    racism, hazardous waste facilities and, 194,196n2

    radioactive waste disposal, 14547, 148n4,202204, 204n4, 204nn12, 231,234nn12

    RAMSAR Treaty, 229Rancho Lomitas Native Plant Nursery, 157Ravan, Jack, 139, 140Red-Cockaded Woodpecker, 131 n1Red River, 167, 230n1

    reef sh sheries, 6467 Reections on the Neches(Watson), 23regulatory agencies, community disconnect

    of, 107108Renewable Portfolio Standard, 248, 248n1renewable resources, 248reservoir construction, 11314, 115n1reservoirs, global sedimentation rates for,

    221n2Rio Bravo Nature Center, 93Rio Grande, 152n1, 211, 212 n2Rio Grande basin, 9596Rio Grande International Study Center, 97Rio Grande/Rio Bravo Basin Coalition, 93

    Rio Grande Valley, 99100, 100n2, 178n2River Systems Institute, 53roadways, development and, 240Rockland Dam, 30, 33n1Rocky Flats nuclear weapons plant, 145,

    147n1Rocky Mountain Arsenal, 145, 147n2Rosier, Lance, 24Rosier Park, 26

    Sabine River, 21921saline intrusion, Galveston Bay, 127n1

    Salsman, Charles, 210, 211San Antonio Audubon Society, 104San Antonio River, 47Sansom, Andy , xixii,5356Sargent, Ben , 18588Scalamandre & Sons v. Kaufman,148n3Schwartz, A. R. Babe, 4245, 138sedimentation rates, in reservoirs, 221n2selection management, 128Serious Texans Against Nuclear Dumping

    (STAND), 231sewage sludge disposal, 148n3Shatsall, Steve, 140shell dredging, 5052Shirley v. Bowlby,45n3shrimp trawling, 64Sierra Blanca, 14546, 148n3, 201204Sierra Blanca Legal Defense Fund, 202Sierra Club, 58, 59, 120, 159, 199Sierra Club v. Espy,131n1Sierra Club v. Yeutter, 131n1Silent Spring (Carson), 51, 82, 232siltation, 51Smart Growth, 242n2Smith, Adam, 82Smith, Tom Smitty, 118, 24648Snow, Olympia, 66Sobel, David, 114Socially Responsible Investment Coalition,

    121Solar, Susan Lee, 88

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    278 : Index

    Southern Pine Bark Beetle, 26n2Southwest Industrial Areas Foundation,

    81, 82STAND (Serious Texans Against Nuclear

    Dumping), 231state parks, creation of, 2, 5n5steel mills, 24647Steenland, Isabelle, 124Stein, Jerry, 90, 91Steinhagen Reservoir.SeeLake B. A. Stein-

    hagenStewart, Sharron , 13740Sulphur River, 220sustainable agriculture, 9091, 16062,

    16769Suter, Pat , 10911

    Taft, Robert, 82Take Back Texas, 5n6Tamaulipan Biologic Province, 95Taste of Texas, 37, 38 n2Texans for Public Justice, 117, 118Texas: biodiversity of, 2; clear-cutting in,

    129, 132n4; environmental history time-line, 26170; history of, 12; tree speciesdistribution in forests of, 132n5; water

    plans, summarized, 222n4Texas A&M University, 236Texas Attorney Generals Ofce, 9Texas Coalition for Responsible Investment,

    121Texas Coastal Birding Trail, 75, 75n2Texas Coastal Management Program, 57Texas Commission on Environmental

    Quality. SeeTexas Natural ResourcesConservation Commission

    Texas Committee on Natural Resources.See Texas Conservation Alliance

    Texas Conservation Alliance, 32, 128, 219Texas Department of Agriculture, 3538Texas Department of Health, 211Texas Department of Transportation, 242Texas Dune Protection Act, 57Texas Environmental Grantmakers Group,

    190Texas Game, Fish, and Oyster Commission,

    14n2Texas Land Conservancy, 128Texas Legacy Project: history of, 3, 5n8;

    methods for, 24958; narrators, 6, 7,27173

    Texas Natural Resources ConservationCommission (TNRCC), 78, 147, 156,156n2, 200, 216, 217

    Texas Nature Conservancy, 53, 157, 159Texas Oil Spill Prevention and Response

    Act, 57

    Texas Open Beaches Act. SeeOpen BeachesAct

    Texas Organic Cotton Marketing Co-op,164

    Texas Organic Farmers and Gardeners As-sociation, 150

    Texas Parks and Wildlife Commission, 159;Bob Burleson; shell dredging, 5052;open oil and gas waste pits, 199

    Texas Parks and Wildlife Department, 12,52, 53, 62, 75, 112, 253

    Texas Railroad Commission, 199, 200Texas v. James, 11, 11n1Texas Water Development Board, 220, 221

    Texas Water Plan, 183Texas Water Saving Plumbing Fixtures Act,57

    Texcor, 21012timber industry, 12931, 131n1TNRCC. SeeTexas Natural Resources

    Conservation CommissionTown Bluff Dam. SeeDam Btoxicologic testing of chemicals, 105108,

    108n1transportation, options for, 24142tree crushers, 21920

    trees: hardwood, 12930, 132nn56; spe-cies distribution in Texas forests, 132n5Trevino, Benito , 15759Truan, Carlos , 5759

    U.S. Army Corps of Engineers: dredgingof Buffalo Bayou, 12426; dredging of Houston Ship Channel, 127n1; Lake Othe Pines Dam and, 229; mitigation forreservoirs, 115n2

    U.S. Bureau of Land Management, 199U.S. Coast Guard, 225U.S. Department of Defense, 77, 80U.S. Department of Interior, 159U.S. Environmental Protection Agency

    (EPA): enforcement by, in minority com-munities, 194, 196n2, 216, 217; Gulf of Mexico Program, 13940; Leavittappointed head of, 186, 188n1

    U.S. Fish and Wildlife Service: NechesRiver National Wildlife Refuge, 3233,33n6; open oil and gas waste pits, 197,199; special agent, 1517; undercoverinvestigations, 1617

    U.S. Food and Drug Administration, 105U.S. Forest Service, 26n2, 131n1, 132n6undercover investigations, Fish and Wildlife

    Service, 15, 1617Upper Colorado River Authority, 199Upper Neches River National Wildlife

    Refuge, 32, 33n6

    Upton Committee, 106uranium mines, 10910, 111n3

    Valley Interfaith, 81, 138Vaughan, Genevieve , 8588Vietnam War, 11718, 232Vines, Robert, 74VISTA (Volunteers In Service To America),

    247Volunteers In Service To America (VISTA),

    247Vulcanus I & II (ships), 138, 140n1

    Waste Management, Inc., 138, 140

    water banking, 100water conservation: cost savings of, 221n1;in Rio Grande Valley, 99100

    water laws, 5n4water plans, 183, 222n4water reservoirs, global sedimentation rates

    for, 221n2Watson, Geraldine , 2326Watson, Murray, 51Watt, James, 5n6Wealth of Nations(Smith), 82weather forecasting, 23638

    weather satellite, 23637website, 256wetlands, loss of, 115n2White Oak Bayou, 125, 127White-tailed Deer management, 6163Wild and Scenic Rivers Act, 30, 33n2wildlife mortality, compensatory vs. addi-

    tive, 6162Williams, LaVerne , 24345Wilson, Diane , 22326wind power, 248Winona, 19396Woods, Billie , 13336

    Yarborough, Ralph, 24yellowcake uranium, 10910, 111n3

    Zafrini, Judith, 211

    Todd_Weisman_book.indb 278 6/10/10 7:52:58 AM