Dolcefino Consulting

HFD reportHFD report

The Houston Livestock Show and Rodeo shows Texans everyday why they think they are a Sacred Cow.

Now they are trying to bully a State District Judge in their effort to keep you from seeing how they spend tens of millions of dollars in money given in the name of charity. Really?

State District Judge Steven Kirkland decided the rodeo’s lawsuits against Dolcefino Consulting over requests for charity records should be heard in his court, the same court as the trail ride rape case that led to all the rodeo bullying over records in the first place.

After multiple hearings, Judge Kirkland twice ruled against the rodeo’s legal attacks on Dolcefino Consulting, and their third legal action ended up in Judge Landrum’s court.

“Since Judge Kirkland has heard all the expensive lawyer arguments, we thought it made sense and saved charity money to let the Judge who already knows about the fight to keep ruling on this fight, especially since part of our legal action involves using Texas law to stop the rodeo from trying to silence free speech,” says Dolcefino Consulting President Wayne Dolcefino.

The Court of Appeals has stayed the Judge’s order until they review whether he’s right to keep the case in his court, and until then Judge Kirkland refuses to transfer the case to another court.

Unhappy with waiting for the courts to rule, the rodeo has now filed a new motion to get the Appeals Court to force Judge Kirkland to give up the case, when he was the Judge they first wanted to rule on the case.

“This is flagrant ‘forum shopping,’ and for completely unknown reasons,” says Jeff Diamant, the Houston attorney defending Dolcefino Consulting. “The Rodeo sought relief from the 334th, and now they seem to be running scared from this very court when either judge is perfectly capable of making an informed and reasonable decision. I guess they have just decided they don’t like the court in which they first tried to file their groundless action.”

The Houston Rodeo has a General Counsel Sherry Hibbert, who according to tax returns made more than $300,000 in 2016. Instead of saving money, the rodeo has at least three lawyers from Vinson and Elkins hired to keep the rodeo’s money spending a secret. That’s thousands of dollars an hour in legal fees.

“This is an absurd waste of money and court resources that could have been much better spent on putting a needy youth through school, which is supposed to be the rodeo’s main purpose,” says Jeff Diamant.

Dolcefino Consulting President Wayne Dolcefino went a step further.

“Every rodeo volunteer should say enough is enough, because it is their blood and sweat and tears that has been used to enrich the rodeo’s swollen corporate big wigs, instead of raising money for school scholarships and agriculture,” says Dolcefino. “They should ask why they work for free while the Rodeo now has a quarter of a billion dollars in asset and invests millions of dollars out of the country which could be used to send needy children to college, to our great agriculture schools.”

The Houston Livestock Show and Rodeo’s main number is 832-667-1000. Call them.

We will keep you posted.

Houston attorney Alan Daughtry

Alan Daughtry

The war to silence public criticism of the corrupt Houston family court system has taken a new turn.

Houston lawyer Alan Daughtry filed a motion in one controversial divorce case, accusing Dolcefino Consulting of trying to improperly influence court decisions.

Daughtry even accused us of a crime – Texas Penal Code 36.04: Improper Influence.

“It is well known that Dolcefino advertises his consulting services in order to intimidate Judges in whose courts his client’s cases are pending”, says Daughtry.

Daughtry filed the motion in the Avery- Rodriguez case, a nasty divorce where the entire financial estate of the couple has literally disappeared in legal fees during the long fight.

“I confess. We interviewed both Karen Avery and Orlando Rodriguez for our investigation of Family Injustice,” said Wayne Dolcefino, President of Dolcefino
Consulting.

The interviews have been broadcast on our website www.dolcefino.com. and our increasingly popular Facebook Page Dolcefino Consulting. Last week our videos reached 125,000 people. (Advertisement)

Now let us remind our viewers why we have this bizarre idea that folks actually have a right to know what happens in public courtrooms. Lawyers and judges aren’t untouchable. They are not beyond reproach. They don’t get a free pass in the battle against public corruption. People have a right to expect everyone is working to end these horrible fights as quickly as possible. When judges and attorneys stall divorce cases for the purposes of padding their bank accounts and campaign coffers, the public has a right to know.

“These things are happening far too often. Mr. Rodriguez filed a criminal complaint against his wife’s lawyer Jared Woodfill, for misusing money. That criminal investigation is ongoing,” says Dolcefino, “Judge James Lombardino presided over the divorce case and never bothered to mention that Rodriguez’s lawyer Bobby Newman was also representing the Judge’s son in his own divorce. It is a small world after all and the people who vote for these judges and will hire these lawyers deserve to know about it.”

Never heard of Mr. Daughtry? He’s one of Bobby Newman’s buddies and handles a lot of appeals for Newman. Newman filed a criminal complaint against our company in recent months and last week Dolcefino Consulting was cleared of any wrong doing.

Stayed tuned folks – we have yet to talk about the latest malpractice case against Newman.

We also noticed amateurish folks following Dolcefino Consulting a few months ago, even watched cars doing surveillance on President Wayne Dolcefino, at his home.

“I hate to remind these folks, but I did surveillance on public officials for a long time, so I am not stupid,” says Dolcefino.

We also know Newman hired investigator (and friend of his daddy) Rob Kimmons to get the District Attorney to investigate us. A special prosecutor told us.

“If Mr. Daugherty is mad because people hire my investigative media consulting firm to fight for transparency, to expose lawyers who bankroll judges, to make sure conflicts of interests are disclosed, and to make sure lawyers don’t bleed their clients, then I plead guilty,” says Dolcefino, “Whine me a river!”

Mary Van Orman

Mary Van Orman

Who needs reality TV when you have attorney Mary Van Orman around the courthouse?

Unfortunately for the controversial hometown lawyer, her latest stall game is finally over.

The Woodlands attorney had been in court last week to argue for a new trial in the Sherry and Marek Menger divorce case. Judge Lisa Millard finally denied Van Orman’s motion for a new trial and brought an end to the case.

It’s been a long time coming.

Van Orman is now becoming infamous in our Family Injustice investigation for her strange behavior in this unending legal dispute.

It’s plain wrong these divorce cases are taking so long to end. The divorce of Sherry and Marek Menger was essentially over on February 27, 2018 when the final hearing took place in Judge Lisa Millard’s court.

The petition for divorce was granted almost a year ago on September 29, 2017.

Here comes Van Orman, maintaining her client deserved a new trial because she couldn’t be in court when the divorce was done, instead arguing by phone, claiming she had to be in another court.

Van Orman, the attorney for Marek Menger, then wasted more than six months of her client’s time and his money trying to revive the case.

The hearing for the final order was reset eight times, and five of those were by Van Orman herself.

We think Van Orman needs a better calendar.

Van Orman is obviously taking notice of our investigation. She issued a subpoena to Dolcefino Consulting President Wayne Dolcefino, hoping to prove we had been secretly hired by Sherry Menger to do stories on poor Mary.

“She shoots. She misses,” says Dolcefino Consulting President Wayne Dolcefino. “I have never met Sherry Menger in my life, but if Miss Van Orman really wants to talk to me she can stop pretending she’s on the phone talking to the invisible rabbit every time I try to interview her, and sit down for a long chat on camera about her troubling courtroom behavior and how she thinks acting like that helps her clients.”

Who needs reality TV when you have Mary Van Orman?

Houston family lawyers hired a private investigator to launch a criminal probe against Dolcefino Consulting.

A special prosecutor has now cleared Wayne Dolcefino, President of investigative media consulting company Dolcefino Consulting, of any wrongdoing. A letter from the special prosecutor identifies one of the lawyers who tried, albeit unsuccessfully, to retaliate against the widening work to expose injustice in Houston’s family courts.

In the letter from Special Prosecutor Stephen Aslett, pricey Houston divorce lawyer Bobby Newman is identified as the main lawyer who asked private investigator Rob Kimmons to try and dig up dirt on the company.

“I have a message for Mr. Newman and the group of ‘anonymous attorneys’ who paid for this failed hit job,” says Dolcefino. “What I have witnessed in our family courts is nothing short of disgusting. Innocent and unsuspecting people are getting dragged through years of family law hell as a direct result of your greed.”

The Family Injustice investigation has brought a number of clients to the firm, wanting help in exposing attorneys and judges who fail to disclose possible conflicts of interest in open court. Those conflicts of interest range from large donations to judicial campaigns to undisclosed personal relationships between the attorneys and the judge.

“I have been under surveillance for months because my investigative consulting firm has been hired by victims of this corrupt family court system to help expose injustice. Follow me all you want but that doesn’t change that that is what we do. People hire us to investigate injustice and if appropriate expose it to the public,” says Dolcefino.

Dolcefino Consulting has documented a multitude of horror stories from the Harris County Family Courts. The most recent is the case of Marcelle Guimaraes, who fled to Brazil with her son after the Harris County Family Courts failed to protect her from her abusive then-husband. Judge James Lombardino presided over that case. The Guimaraes case isn’t Lombardino’s first run in Dolcefino Consulting. Dolcefino Consulting revealed that Judge Lombardino failed to disclose that Newman was representing his son, David Lombardino, in a divorce – all while participating in 20+ other cases in Lombardino’s court. Judge Lombardino has now recused himself in several cases.

“We have been auditing legal bills for our clients to see if there are discrepancies, examining conflicts of interest, and are attending court hearings to send a clear message to judges – clean it up, or we will expose it. It is that simple,” says Dolcefino.

Kimmons, who runs a private investigative firm, wanted the Harris County District Attorney’s Office to charge Dolcefino with a crime for operating Dolcefino Consulting with an expired investigations company license.

“Let me educate Mr. Kimmons – who, by the way, has had me followed and my home under surveillance, yet somehow doesn’t have the guts to return my phone calls,” says Dolcefino. “Nothing about what we do is really a secret. We consult with people on media strategy. We fight battles for people who want their stories told. We blow the whistle. We are replacing the work that used to be done in newsrooms. Are we a private investigative media company? Yes, we are, and people have to hire us. However, they do not control what, if anything we report.”

Dolcefino had another message for Newman and the lawyers who so clearly take exception to transparency: “Try doing the right thing for your clients. Help them end their fights quickly, not extend them just to make more money. It’s the right thing to do.”

Dr. Christopher S. Brann, MD

Dr. Christopher S. Brann, MD

Houston’s Ben Taub Hospital confirms it is conducting a review of Baylor Dr. Christopher Brann after stunning accusations exposed in a widening Dolcefino Consulting investigation of Houston family court injustice. A spokesman says Brann was already not seeing patients this fall but some of the disturbing e-mails we have shown were not previously known. Harris Health says they have received no formal complaints yet from patients.

The Texas-Brazil custody drama is curiously being ignored by the Houston media, but the fight took center stage on Fantástico, Brazil’s most popular news program, last Sunday and comments made by Dr. Brann are already under fresh scrutiny.

Marcelle Guimaraes claims she fled to Brazil with her son after a corrupt Houston family court refused to listen to her claims Dr. Brann was violent and a sex addict. Guimaraes’ parents were recently convicted of helping her kidnap little Nico, even though a lot of the evidence they wanted to use to prove they were protecting a victim of domestic abuse was kept out of court. Carlos and Jemima Guimaraes face sentencing in October.

Sunday on a TV program viewed by 70 percent of the country, Dr. Brann claimed he only slapped his wife once, and was never a sex addict, despite disturbing e-mails already showing he wrote his wife, “Was triggered by a patient (22 y/o who needed a pelvic exam) I did not do the exam. I asked one of the residents to do it. I have avoided all pelvic and breast exams since coming back from PCS.” PCS is a family counseling service. Dolcefino Consulting has billing from a Houston based therapist who handles sex and porn addiction.

A new e-mail obtained by Dolcefino Consulting written by Dr. Brann shows him confessing to having a disease during the time of the sex therapy. “I am responsible for me having this disease, but it is hard to beat,” he wrote.

“It is time for a full public discussion of the real circumstances that led Marcelle Guimaraes to leave Texas for Brazil,” says Wayne Dolcefino, President of Dolcefino Consulting.

Baylor College of Medicine has refused to comment on the doctor’s writing about his patients, but there are growing calls in Brazil for the boy’s grandparents to be sent home. Dolcefino Consulting’s Family Injustice reports have been seen by tens of thousands of Brazilians, leading to widespread media coverage in Brazil. Brann is also now claiming his wife forced him to confess to significant domestic violence.

Houston media reports have been sympathetic to Brann’s fight to regain custody of his son here in Texas, but Guimaraes is also a U.S. citizen who says she was forced to flee to her native Brazil to protect her son from a “monster.”

“This investigation of Judge Lombardino’s curious court rulings exposed this Brazil case, and I find it shocking the Houston media doesn’t seem to want to give this victim her right to tell her story directly to Houstonians,” says Wayne Dolcefino. “In this time of the me-too movement it makes me wonder if she is being treated differently because she is Brazilian born. She was denied the right to testify from Brazil. Doesn’t the full story matter?”

The big, bad rodeo is afraid.

The Houston Livestock Show and Rodeo is used to getting its way. With millions to spend on expensive attorneys from some of the biggest law firms around, they usually don’t have to worry about a challenger.

We filed a motion to move our case with the rodeo over public documents into the court with the judge already familiar with the case.

The rodeo didn’t like that the judge approved our motion or that he will be hearing the arguments going forward.

So, their immediate move was to complain to the justices of the Court of Appeals. They filed a motion for temporary relief and stay.

They are trying to go above the head of the judge in the case, requesting that the appeals court hold off the order from the 14th of this month granting the motion to consolidate.

They even accuse Judge Steven Kirkland of committing “a clear abuse of discretion” because they wouldn’t be able to do anything about his decision. The rodeo says he lacks the authority to even make the decision.

The rodeo sure didn’t tell that to the judge’s face when they were arguing at the bench on Friday.

The attorneys for the rodeo say that the already granted motion “will cause delay and prejudice HLSR.”

We think that having to go through the whole history of our case again would take longer for everyone involved.

Dolcefino Consulting just wants the case to go quickly and smoothly so that the rodeo can finally get us the documents we’ve been asking for.

It sounds to us like Patrick Mizell and Cathy Smith of Vinson & Elkins just don’t like Judge Kirkland.

“I have crocodile tears in my eyes as I think about how hard the rodeo is fighting to keep people from seeing what they do with the money they receive from their hard-working customers every year,” said Wayne Dolcefino, President of Dolcefino Consulting, the Houston-based investigative communications firm. “Come on rodeo. It’s time to stop running and give up the records so we can see just how charitable you have been.”

Motion for Temporary Relief (Rodeo)

The Houston Livestock Show and Rodeo and their high-priced lawyers have exposed their true colors.

Just hours before they faced a critical court hearing in their fight to keep records secret from Dolcefino Consulting, they worked out an eleventh-hour deal with the victim who was raped at a trail ride event.

The Houston Livestock Show and Rodeo even made sure they would be dismissed from the lawsuit as part of the deal. Channel 2 reports the settlement is over $500,000.

Attorneys for the rape victim call it a landmark settlement, but we know why the rodeo wanted the deal cut this morning at 7 am.

At 9 am, Dolcefino Consulting was going to ask Judge Steven Kirkland to keep our legal fight in his courtroom with the rape case.

“The Rodeo thought they could pull another fast one and argue no reason to hear this case because the rape case is gone,” said Wayne Dolcefino, President of Dolcefino Consulting. “Judge Kirkland saw right through it and ordered the rodeo fight with us stay in his court. Actually, it just shows the Rodeo’s true colors. They care more about keeping secrets than paying off a rape victim without promising to do a single thing to make women safer at trail ride events.”

Judge Kirkland even mentioned the rodeo hired the most expensive lawyers as soon as Dolcefino Consulting asked for records, noting our search for the sacred cow’s financial records likely inspired the sudden settlement for a woman who was sexually assaulted 6 years ago.

“The rich guys at the rodeo are probably used to bullying people to get what they want, but I hope they are beginning to understand they are not above the law, and the more they keep secrets, the more I get curious about where all their money is going,” said Wayne Dolcefino. “In fact, I think it is time to call out the big wigs on the Board of Directors who are watching rodeo executives embarrass themselves in front of a community they claim to care so much about.”

“We filed a motion saying what the Rodeo has done in the lawsuit against Wayne Dolcefino is an attempt to suppress his speech because he’s speaking out on the Rodeo’s failure to act like a charitable organization,” said Jeff Diamant, the attorney for Dolcefino Consulting in the case.

We have also filed a countersuit to the Rodeo, claiming they have violated criminal statutes by retaliating against our firm for simply wanting to see how the rodeo spends charity money.

For more information on the records fight with the rodeo click here.

The Houston Livestock Show and Rodeo (HLSR) is accused of retaliating against Dolcefino Consulting for trying to expose the conduct of Houston’s charity sacred cow.

In a legal motion filed in the court of Judge Steven Kirkland, the Houston based investigative communications firm wanted to send a clear message to the Rodeo. We will not back down. We have a First Amendment right to speak out about the Rodeo’s use of charity funds and the Rodeo will not infringe upon it.

The legal action seeks protection under the Texas Citizens Participation Act, a law designed to protect communication on issues of public concern.

Dolcefino Consulting began investigating the Rodeo after first looking into the rape of a young woman at a Los Vaqueros trail ride event. In 2017, the Rodeo was sued in that case.

Just days after we asked for records under Texas charity laws, the Rodeo made two unsuccessful attempts to stop our investigation. In June, Dolcefino Consulting filed a criminal complaint with the Harris County District Attorney’s Office for violations of the charity law requiring the Rodeo to provide financial records for inspection.

In response, the Rodeo filed a lawsuit seeking legal damages against Dolcefino Consulting, conduct that we believe constitutes felony criminal retaliation. The Rodeo has also tried to have the District Attorney investigate Dolcefino Consulting.

“Their ‘Whac-a-Mole’ style retaliation shows a clear pattern of attacking Dolcefino when he speaks out on these issues,” says Jeff Diamant, the Houston attorney representing our firm.

“The Houston Livestock Show and Rodeo has proven their arrogance and are destroying their reputation with Houstonians by hiding their use of money given to help children and promote agriculture,” says Wayne Dolcefino, President of Dolcefino Consulting, “They have decided they get to ignore the laws and it is shameful the Board of Directors, some of Houston’s biggest names, have not stepped in to tell them to act like good citizens. I do not back down from a fight.”

The next hearing in the Rodeo’s attempts to silence Dolcefino Consulting is this Friday morning, September 14, 2018 in Judge Kirkland’s 113th District Court.

Dr. Christopher Brann, Associate Professor of Medicine at Baylor, accused of putting his patients at Ben Taub Hospital in danger

Dr. Christopher S. Brann, MD

Dr. Christopher S. Brann, MD

Dr. Christopher Brann is an Associate Professor of Medicine at Baylor College of Medicine and a doctor at Ben Taub Hospital.

Now, Dolcefino Consulting has new documents exposing deep problems with the Houston doctor at the center of the Brazil kidnapping drama.

His wife, Marcelle Guimaraes, fled to Brazil in July 2013 with her son Nico and never returned, sparking an international custody battle between Texas and Brazil.

Brann has become a sympathetic figure in the media and with politicians as he has waged an expensive public relations campaign to get his son back and have her family punished.

The mother at the center of the case has broken her silence after five years in an hour-long interview with Wayne Dolcefino, the longtime investigative journalist and President of Houston-based Dolcefino Consulting, an investigative communications firm.

The Dr. Brann accusations

Marcelle Guimaraes

Marcelle Guimaraes

She details years of documented physical violence by the Houston doctor. Now she has warned that Dr. Brann has put patients who saw the doctor at Ben Taub Hospital in danger.

“He would take advantage, really, of his position at Baylor to see them in bad situations and to sexually take advantage of these patients,” said Guimaraes.

Legal documents that detail some of the alleged violence and sex addiction came out during Brann’s divorce, including a personal journal that should have raised alarm bells at Baylor and Ben Taub. The journal shows Brann used the medical college’s internet system to watch pornography.

Now, emails obtained by Dolcefino Consulting showed Brann was sexually triggered by female medical exams, especially on young women.

When Dolcefino Consulting obtained the sexually explicit documents, we decided that the public had a right to know what has been going on.

The Baylor College of Medicine reaction

We notified Baylor College of Medicine about the bizarre behavior happening under their nose, but their response to our attempt to protect patients was shocking.

The next day, Dolcefino Consulting received a call from Dr. Brann’s attorney, who detailed our conversation with Baylor security the day before.

The medical school issued this statement after we complained about their conduct.

“BCM ensures that all faculty and staff adhere to the college’s policies and code of conduct. The College does not comment on personal issues that do not involve the college,” said Baylor spokeswoman Lori Williams.

“I find it outrageous that when I called Baylor about very disturbing documents in an attempt to protect vulnerable medical patients, they chose to protect their own employee instead of the patients who have been put in danger,” said Wayne Dolcefino.

The truth is that Baylor has a growing public relations crisis on their hands when it comes to their doctors.

Just last month, Shafeeq Sheikh, a former doctor for Baylor, was convicted for raping a heavily sedated patient while on the job.

Our call to Baylor about Dr. Brann came just days before the verdict.

Now Baylor’s Dr. Christopher Brann is accused by his ex-wife of using his position at the hospital to explore his fantasies and see women naked, including his patients.

Let Dolcefino Consulting know

Our latest investigative report on the Brazilian kidnapping case is now available on Dolcefino Consulting’s Facebook page as part of our widening Family Injustice Investigation. You can also see it on dolcefino.com. Our first broadcast has triggered major news coverage in Brazil.

“We have now publicly called on the Justice Department to tell Houstonians whether they knew about this evidence of domestic violence and possible sexual threats to patients when they decided to pursue criminal charges against the Guimaraes family,” said Wayne Dolcefino. “We call on the jurors in the Guimaraes case to come forward to tell us if they would have voted differently if they knew the whole story.”

Nico’s grandparents will be sentenced in October after their conviction in Houston federal court for aiding and abetting the kidnapping. They face a possible prison sentence.

For further information on breaking news in this international drama, please call Wayne Dolcefino at his office at 713-360-6911.

http://www.dolcefino.com/family/

Let’s say an out-of-state conglomerate wants to put a massive dump near an aquifer and right next to a flood plain. Add a high hazard dam right next door that secret government maps detail 318 people’s lives are at risk if the dam breaches.

Wouldn’t we want to know if the engineers and geologists who investigated the site told the truth about the site’s safety?

Amidst growing evidence, the Texas Commission on Environmental Quality ignored its own rules to approve a permit for the Caldwell County dump. It is time for the engineers and geologists who destroy their work to be held accountable.

Thursday morning at 10:00 am in front of the Texas State Capitol, opponents of a planned 17- story tall tower of trash near Lockhart will hold a news conference to announce the filing of formal complaints with the two agencies who police the conduct of engineers and geoscientists.

These complaints allege a series of professional misconduct against Kerry Don Maroney, an engineer with the environmental consulting firm Biggs & Mathews Environmental, and John Michael Snyder, a geologist at the same consulting firm.

Maroney served as engineer of record for the controversial 130 Environmental Park dump in Caldwell County, Texas, just north of Lockhart. The landfill permit application was submitted by 130 Environmental Park LLC, a subsidiary of Green Group Holdings. The complaint alleges that Maroney used his state engineering seal to approve work he improperly supervised – a violation of the Texas Board of Professional Engineers rules.

“In the last several years, Mr. Maroney has engaged in conduct that appears to have violated the stringent ethical and professional requirements of Texas engineers,” reads the complaint. “This conduct has resulted in the permitting of at least one facility, based on Mr. Maroney’s representations and engineer’s seal, which threatens to impact the health and safety of Texas residents and their natural resources.”

We now know the consulting firm of Biggs & Matthews Environmental was caught destroying soil samples in three separate landfill projects, Waller County, Jack County, and Caldwell County. Why the TCEQ continues to rely on this consulting firm for landfill science is the real question.

The second complaint is leveled against Biggs & Mathews Environmental geoscientist, John Michael Snyder. The complaint provides evidence of unprofessional conduct in three separate landfill projects.

“Despite his experience with landfill permit application proceedings and the opposition they attract, Snyder has a history of discarding all relevant records and samples before the Texas Commission for Environmental Quality (the agency responsible for permitting landfills) completes its review of the application,” the complaint reads. “This not only violates professional geoscientist standards, but it also violates TCEQ’s rules and legal obligations.”

Snyder was the geologist on the failed Highway 6 landfill in Waller County. Opponents had to fight for years and spend more than a million dollars to finally get access to test Biggs & Matthews Environmental’ s representations about the safety of the dump. Once the opponents were granted access to the site, it became apparent that Snyder’s representations regarding groundwater at the site were false, with serious repercussions.

Had the Highway 6 landfill been built, it would have cut through the water table and placed at risk the drinking water for tens of thousands of people.
Even worse, the TCEQ knew of this history before it met in November 2017 to approve the Caldwell County dump permit. The permit was approved even though Biggs & Mathews Environmental was doing the consulting work again, and once again they had destroyed data and soil samples that formed the basis for their representations to TCEQ regarding the adequacy of the site for a landfill.

The TCEQ failed to enforce its own rule. According to 30 Texas Administrative Code §305.47: “A permittee … shall keep records, throughout the term of the permit or order, of data used to complete the final [landfill permit] application and any supplemental information.”

The legislature is looking at the situation as an example of a deeply flawed TCEQ permitting process.
Environmental attorney Marisa Perales told the Texas Senate Committee on Natural Resources and Economic Development about a litany of problems, specifically citing the fact that the TCEQ never bent to its own rules with the Biggs & Mathews Environmental projects.

Perales insists Biggs & Mathews Environmental’ s conduct should halt the dump entirely. It amounts to a denial of due process, she said, for the dump’s opponents to not have a chance to check the work.

“If the data has been discarded and there is no way to actually verify the data that supports the information in the application, then they should start all over because there’s no way to know whether what they’ve submitted is accurate or not,” said Perales during the September 5 hearing. “If we go through a hearing and it’s proven that you were unable to satisfy the TCEQ requirements, then you don’t get the permit. You don’t get another chance, you don’t get another bite at the apple. You just don’t get your permit.”

PRESS CONFERENCE
WHERE: Front Steps of Texas State Capitol Building – 1100 Congress Ave, Austin, Texas 78701
10 am, Thursday, September 13, 2018
WHO: Frank Sughrue, Marisa Perales, Wayne Dolcefino

Exposegreengroup.com

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