HOUSTON — Harris County Attorney Christian D. Menefee has filed a lawsuit on behalf of Harris Health, alongside Trinity Gardens and Kashmere Gardens Super Neighborhood councils, against the Texas Commission on Environmental Quality (TCEQ).
The lawsuit is the latest in a months-long fight against the proposed construction of a concrete crushing facility near Lyndon B. Johnson (LBJ) Hospital, a press release states.
The lawsuit is based on the fact that the state’s standard permit for permanent rock and concrete crusher facilities is outdated and does not adequately protect human health, and that the proposed facility does not meet distance limitations due to its proximity to places of worship and a school, the press release states.
“Unfortunately, the TCEQ and Texas Coastal Materials have refused to listen to the concerns of the people who live and work in this community and are insisting on moving forward with their plans to build a concrete crushing facility across the street from a hospital,” said Menefee. “We know that pollutants from these types of facilities can cause serious health issues. It should go without saying that patients at a hospital and the doctors and nurses who treat them should be able to breathe clean air without concern.
“And yet, saying it has not been enough to stop this plan, so the county is now taking legal action.”
While state law does not address proximity to hospitals, concrete crusher facilities must be more than 440 yards away from a school or place of worship. LBJ Hospital is home to a non-denominational chapel, and is a teaching hospital for the University of Texas Health System.
The TCEQ received more than 650 comments regarding this application, including formal comments from the Harris County Attorney’s Office and Harris Health outlining opposition to the plan.