Texas
Waiting for keys, unable to break down doors: Uvalde schools police chief defends delay in confronting gunman
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Solely a locked classroom door stood between Pete Arredondo and an opportunity to convey down the gunman. It was sturdily constructed with a metal jamb, not possible to kick in.
He needed a key. One goddamn key and he might get by that door to the youngsters and the lecturers. The killer was armed with an AR-15. Arredondo thought he might shoot the gunman himself or no less than draw fireplace whereas one other officer shot again. With out physique armor, he assumed he would possibly die.
“The one factor that was necessary to me right now was to save lots of as many lecturers and kids as attainable,” Arredondo stated.
The chief of police for the Uvalde college district spent greater than an hour within the hallway of Robb Elementary College. He known as for tactical gear, a sniper and keys to get inside, holding again from the doorways for 40 minutes to keep away from scary sprays of gunfire. When keys arrived, he tried dozens of them, however one after the other they did not work.
“Every time I attempted a key I used to be simply praying,” Arredondo stated. Lastly, 77 minutes after the bloodbath started, officers have been in a position to unlock the door and fatally shoot the gunman.
In his first prolonged feedback because the Might 24 bloodbath, the deadliest college capturing in Texas historical past, Arredondo gave The Texas Tribune an account of what he did inside the varsity through the assault. He answered questions by way of a telephone interview and in statements offered by his lawyer, George E. Hyde.
Other than the Texas Division of Public Security, which didn’t reply to requests for remark for this text, Arredondo is the one different legislation enforcement official to publicly inform his account of the police response to the capturing.
Arredondo, 50, insists he took the steps he thought would finest defend lives at his hometown college, one he had attended himself as a boy.
“My thoughts was to get there as quick as attainable, remove any threats, and defend the scholars and employees,” Arredondo stated. He famous that some 500 college students from the varsity have been safely evacuated through the disaster.
Arredondo’s choices — like these of different legislation enforcement companies that responded to the bloodbath that left 21 lifeless — are below intense scrutiny as federal and state officers attempt to determine what went fallacious and what may be discovered.
Whether or not the lack of police to rapidly enter the classroom prevented the 21 victims — 19 college students and two educators — from getting life-saving care shouldn’t be identified, and will by no means be. There’s proof, together with the truth that a instructor died whereas being transported to the hospital, that means taking down the shooter sooner might need made a distinction. Then again, lots of the victims doubtless died immediately. A pediatrician who attended to the victims described small our bodies “pulverized” and “decapitated.” Some youngsters have been identifiable solely by their garments and footwear.
Within the maelstrom of anguish, outrage and second-guessing that instantly adopted the second deadliest college capturing in American historical past, the time Arredondo and different officers spent exterior that door — greater than an hour — have turn into emblems of failure.
As head of the six-member police power accountable for protecting Uvalde faculties secure, Arredondo has been singled out for a lot of the blame, significantly by state officers. They criticized him for failing to take management of the police response and stated he made the “fallacious choice” that delayed officers from getting into the classroom.
Arredondo has confronted dying threats. Information crews have camped exterior his house, forcing him to enter hiding. He’s been known as cowardly and incompetent.
Neither accusation is true or truthful, he says.
“Not a single responding officer ever hesitated, even for a second, to place themselves in danger to save lots of the kids,” Arredondo stated. “We responded to the data that we had and needed to regulate to no matter we confronted. Our goal was to save lots of as many lives as we might, and the extraction of the scholars from the school rooms by all that have been concerned saved over 500 of our Uvalde college students and lecturers earlier than we gained entry to the shooter and eradicated the menace.”
Arredondo’s explanations don’t totally tackle all of the questions which were raised. The Tribune spoke to seven legislation enforcement consultants about Arredondo’s description of the police response. All however one stated that critical lapses in judgment occurred.
Most strikingly, they stated, by working into the varsity with no key and no radios and failing to take cost of the scenario, the chief seems to have contributed to a chaotic method during which officers deployed inappropriate ways, adopted a defensive posture, did not coordinate their actions, and wasted treasured time as college students and lecturers remained trapped in two school rooms with a gunman who continued to fireside his rifle.
Hyde, Arredondo’s lawyer, stated these criticisms don’t mirror the realities police face after they’re below fireplace and attempting to save lots of lives. Uvalde is a small working-class metropolis of about 15,000 west of San Antonio. Its small band of faculty law enforcement officials doesn’t have the staffing, tools, coaching, or expertise with mass violence that bigger cities would possibly.
His consumer ran straight towards hazard armed with 29 years of legislation enforcement expertise and a Glock 22 handgun. With no physique armor and no second ideas, the chief dedicated to cease the shooter or die attempting.
77 minutes
Certainly one of Arredondo’s most consequential choices was quick. Inside seconds of arriving on the northeast entrance of Robb Elementary round 11:35 a.m., he left his police and campus radios exterior the varsity.
To Arredondo, the selection was logical. An armed killer was unfastened on the campus of the elementary college. Each second mattered. He needed each arms free to carry his gun, able to intention and fireplace rapidly and precisely if he encountered the gunman.
Arredondo offered the next account of how the incident unfolded in a telephone interview, in written solutions, and in explanations handed by his lawyer.
He stated he didn’t communicate out sooner as a result of he didn’t need to compound the neighborhood’s grief or solid blame at others.
Pondering he was the primary officer to reach and desirous to waste no time, Arredondo believed that carrying the radios would sluggish him down. One had a whiplike antenna that will hit him as he ran. The opposite had a clip that Arredondo knew would trigger it to fall off his tactical belt throughout a future.
Arredondo stated he knew from expertise that the radios didn’t work in some college buildings.
However that call additionally meant that for the remainder of the ordeal, he was not in radio contact with the scores of different officers from no less than 5 companies that swarmed the scene.
Nearly instantly, Arredondo teamed up with a Uvalde police officer and commenced checking school rooms, in search of the gunman.
As they moved to the west aspect of the campus, a instructor pointed them to the wing the gunman had entered. As Arredondo and the Uvalde police officer ran towards it, they heard a “nice deal of rounds” fired off inside. Arredondo believes that was the second the gunman first entered adjoining school rooms 111 and 112 and began firing on the kids with an AR-15 rifle.
Arredondo and the Uvalde officer entered the constructing’s south aspect and noticed one other group of Uvalde law enforcement officials getting into from the north.
Arredondo checked to see if the door on the appropriate, room 111, would open. One other officer tried room 112. Each doorways have been locked.
Arredondo remembers the gunman fired a burst of photographs from contained in the classroom, grazing the law enforcement officials approaching from the north. A few of the bullets pierced the classroom door, and others went by the classroom wall and lodged within the wall adjoining to the hallway, the place there have been different school rooms. The officers on the north finish of the hallway retreated after being shot, however they weren’t critically injured and returned shortly after to attempt to include the gunman.
As a result of the gunman was already contained in the locked classroom, among the measures meant to guard lecturers and college students in mass capturing conditions labored towards police attempting to achieve entry.
Arredondo described the classroom door as strengthened with a hefty metal jamb, designed to maintain an attacker on the skin from forcing their approach in. However with the gunman contained in the room, that took away officers’ skill to right away kick within the door and confront the shooter.
Arredondo believed the scenario had modified from that of an energetic shooter, to a gunman who had barricaded himself in a classroom with potential different victims.
Texas Division of Public Security officers and information shops have reported that the shooter fired his gun no less than two extra occasions as police waited within the hallway exterior the school rooms for greater than an hour. And DPS officers have stated dispatchers have been relaying details about 911 calls coming from youngsters and lecturers within the school rooms, begging the police for assist.
Arredondo stated he was not conscious of the 911 calls as a result of he didn’t have his radio and nobody within the hallway relayed that info to him. Arredondo and the opposite officers within the hallway took nice pains to stay quiet. Arredondo stated they’d no radio communications — and even when they’d had radios, his lawyer stated, they’d have turned them off within the hallway to keep away from giving freely their location. As a substitute, they handed info in whispers for worry of drawing one other spherical of gunfire if the shooter heard them.
Discovering no method to enter the room, Arredondo known as police dispatch from his cellphone and requested for a SWAT crew, snipers and extrication instruments, like a hearth hook, to open the door.
Arredondo remained within the hallway for the remainder of the ordeal, ready for a method to get into the room, and ready to shoot the gunman if he tried to exit the classroom.
Arredondo assumed that another officer or official had taken management of the bigger response. He took on the function of a front-line responder.
He stated he by no means thought of himself the scene’s incident commander and didn’t give any instruction that police mustn’t try and breach the constructing. DPS officers have described Arredondo because the incident commander and stated Arredondo made the decision to face down and deal with the incident as a “barricaded suspect,” which halted the try and enter the room and take down the shooter. “I didn’t concern any orders,” Arredondo stated. “I known as for help and requested for an extraction instrument to open the door.”
Officers within the hallway had few choices. In some unspecified time in the future, Arredondo tried to speak to the gunman by the partitions in an effort to determine a rapport, however the gunman didn’t reply.
With the gunman nonetheless firing sporadically, Arredondo realized that youngsters and lecturers in adjoining rooms remained at risk if the gunman began capturing by the partitions.
“The ammunition was penetrating the partitions at that time,” Arredondo stated. “We’ve acquired him cornered, we’re unable to get to him. You understand you should evacuate these school rooms whereas we found out a method to get in.”
Lights within the school rooms had additionally been turned off, one other routine lockdown measure that labored towards the police. With little visibility into the classroom, they have been unable to pinpoint the gunman’s location or to find out whether or not the kids and lecturers have been alive.
Arredondo instructed officers to begin breaking home windows from exterior different school rooms and evacuating these youngsters and lecturers. He needed to keep away from having college students coming into the hallway, the place he feared an excessive amount of noise would appeal to the gunman’s consideration.
Whereas different officers exterior the varsity evacuated youngsters, Arredondo and the officers within the hallway held their place and waited for the instruments to open the classroom and confront the gunman.
At one level, a Uvalde police officer seen Arredondo was not carrying physique armor. Fearful for the chief’s security, the Uvalde officer supplied to cowl for Arredondo whereas he ran out of the constructing to get it.
“I’ll be very frank. He stated, ‘Fuck you. I’m not leaving this hallway,’” Hyde recounted. “He wasn’t going to depart with out these children.”
With none method to get into the classroom, officers within the hallway waited desperately for a method to safe entry and did the very best they may to in any other case advance their objective of saving lives.
“It’s not that somebody stated stand down,” Hyde stated. “It was ‘Proper now, we are able to’t get in till we get the instruments. So we’re going to do what we are able to do to save lots of lives.’ And what was that? It was to evacuate the scholars and the dad and mom and the lecturers out of the rooms.”
Instruments that may have been helpful in breaking by the door by no means materialized, however Arredondo had additionally requested for keys that would open the door. Not like another college district police departments, Uvalde CISD officers don’t carry grasp keys to the faculties they go to. As a substitute, they request them from an out there employees member after they’re wanted.
Robb Elementary didn’t have a contemporary system of locks and entry management. “You’re speaking a couple of key ring that’s acquired to weigh 10 kilos,” Hyde stated.
Finally, a janitor offered six keys. Arredondo tried every on a door adjoining to the room the place the gunman was, nevertheless it didn’t open.
Later, one other key ring with between 20 and 30 keys was delivered to Arredondo.
“I used to be praying considered one of them was going to open up the door every time I attempted a key,” Arredondo stated in an interview.
None did.
Finally, the officers on the north aspect of the hallway known as Arredondo’s cellphone and instructed him they’d gotten a key that would open the door.
The officers on the north aspect of the hallway shaped a gaggle of blended legislation enforcement companies, together with U.S. Border Patrol, to enter the classroom and take down the shooter, Arredondo stated.
Ten days after the capturing, The New York Occasions reported {that a} group of U.S. Border Patrol brokers ignored a directive spoken into their earpieces to not enter the room. The Occasions has since reported that Arredondo didn’t object when the crew entered the room.
Hyde stated if a directive delaying entry was issued, it didn’t come from Arredondo, however the Occasions reported that somebody was issuing orders on the scene. Hyde stated he didn’t know who that particular person was. The Border Patrol declined to remark.
At 12:50 p.m., because the officers entered the classroom, Arredondo held his place close to the south classroom door within the hallway, in case the gunman tried to expire that door.
Finally, the shooter, Salvador Ramos, 18, was introduced down. A harrowing standoff quickly turned an effort to seek out the wounded and depend the lifeless.
As soon as the officers cleared the room, Border Patrol brokers skilled to render emergency medical service assessed the wounded. Arredondo and different officers shaped a line to assist cross the injured youngsters out of the hallway and to emergency medical care.
Professional evaluation
A police officer deliberately ditching his radio whereas answering a name? “I’ve by no means heard something like that in my life,” stated Steve Ijames, a police ways professional and former assistant police chief of Springfield, Missouri.
The discarded radio, the lacking key and the obvious lack of an incident commander are a few of questions raised by consultants concerning the response of Arredondo and the varied companies concerned.
Officers are skilled by no means to desert their radios, their main communication instrument throughout an emergency, stated Ijames. That Arredondo did so the second he arrived on scene is inexplicable, he stated.
Ijames added that it’s “inconceivable” that Arredondo’s officers didn’t have a plan to entry any room or constructing on campus at any second, on condition that the varsity district makes up the whole thing of the tiny power’s jurisdiction.
The consultants, which included active-shooting researchers and retired legislation enforcement personnel, homed in on the second officers entered the varsity and located the doorways to rooms 111 and 112 locked. Three stated this second afforded Arredondo an opportunity to step again, regroup and work with different officers to plan a brand new technique.
“It takes having somebody who has the wherewithal to provide you with a fast, tactical plan and executing it,” stated former Seguin police Chief Terry Nichols. “It might not be the very best plan, however a plan executed vigorously is best than the very best unexecuted plan on the earth.”
Nichols, who teaches courses on active-shooter responses, stated he understands the intuition for command employees to need to confront a gunman themselves. However he stated commanders should not lose focus of their function in an emergency.
“We have now to — as leaders, particularly as a chief of police — step again and permit our women and men to go do what they do, and use our coaching and expertise the place they’re wanted, to command and management a chaotic scenario,” Nichols stated.
Lively-shooter protocols developed after the 1999 capturing at Columbine Excessive College, the place a sluggish police response delayed medical care that would have saved a number of victims, prepare police to confront shooters instantly, with out ready for backup and with out regard for his or her private security. An active-shooting coaching that Uvalde college district police attended in March pressured these ways, warning that responders doubtless can be required to put themselves in hurt’s approach.
“The coaching that law enforcement officials have obtained for greater than a decade mandates that when photographs are fired in an active-shooter scenario, officers or an officer must proceed by no matter obstacles they face to get to the shooter, interval,” stated Katherine Schweit, a retired FBI agent who co-wrote the bureau’s foundational analysis on mass shootings. “If which means they undergo partitions, or go across the again by home windows, or by an adjoining classroom, they try this.”
Bruce Ure, a former Victoria police chief, stated drawing conclusions about police conduct through the capturing is untimely because the authorities haven’t accomplished their investigations. He stated he believes Arredondo acted fairly given the circumstances he confronted.
Ure disagreed that Arredondo ought to have retreated right into a command function as soon as different officers arrived, since most active-shooter occasions final mere minutes. He argued that no quantity of ad-hoc planning exterior would have modified the result of the bloodbath as soon as the shooter acquired inside the school rooms.
He stated trying to breach home windows or open classroom doorways by power have been unrealistic choices that will have uncovered police and kids to probably deadly gunfire with little likelihood of success. Officers’ solely alternative, he stated, was to attend to discover a key, which he agreed mustn’t have taken so lengthy.
Hyde stated trying to enter by home windows would have “assured all the kids within the rooms can be killed” together with a number of officers. He stated this “reckless and ineffective” motion, when police couldn’t see the place the shooter was, would have made officers straightforward targets to be picked off at will.
Ure, who as an attendee was wounded within the hand through the 2017 Las Vegas live performance capturing that killed 60 individuals, acknowledged the post-Columbine knowledge that instantly confronting shooters is paramount. However he stated the scene inside Robb Elementary introduced a “excellent storm” of an energetic shooter barricaded with hostages.
“There’s no handbook for this kind of situation,” Ure stated. “If individuals should be held appropriately accountable, then so be it. However I believe the lynch-mob mentality proper now isn’t serving any function, and it’s borderline reckless.”
Questions over command
The day after the capturing, Arredondo and different native officers stood behind Gov. Greg Abbott and DPS Director Steve McCraw as they held their first main information convention to handle the slaughter.
Abbott lauded legislation enforcement companies for his or her “superb braveness” and stated the actions of law enforcement officials have been the explanation the capturing was “not worse.” McCraw stated a faculty useful resource officer had “engaged” the shooter exterior the constructing however was unable to cease him from getting into.
To Arredondo, that info didn’t ring true. Arredondo turned to a DPS official, whom he declined to establish, and requested why state officers had been given inaccurate info.
In a surprising reversal at a information convention the subsequent day, the DPS regional director for the world, Victor Escalon, retracted McCraw’s preliminary declare and stated the gunman “was not confronted by anyone” earlier than getting into the varsity.
At a 3rd information convention the next afternoon, Abbott stated he was “furious” about being “misled” concerning the police response to the capturing. He stated his incorrect remarks have been merely a recitation of what officers had instructed him.
Hyde stated the incorrect info didn’t come from Arredondo, who had briefed state and legislation enforcement officers concerning the capturing earlier than the primary press convention. Abbott on Wednesday declined to establish who had misled him, saying solely that the dangerous info had come from “public officers.”
McCraw additionally instructed reporters that Arredondo, whom he recognized by his place fairly than his title, handled the gunman as a “barricaded suspect” fairly than an energetic shooter, which McCraw deemed a mistake. Within the information convention, McCraw referred to Arredondo because the capturing’s “incident commander.”
Hyde stated Arredondo didn’t concern any orders to different legislation enforcement companies and had no data that they thought of him the incident commander.
The Nationwide Incident Administration System, which guides all ranges of presidency on how to reply to mass emergency occasions, says that the primary particular person on scene is the incident commander. That incident commander stays in that cost till they relinquish it or are incapacitated.
Hyde acknowledged these pointers however stated Arredondo’s preliminary response to the capturing was not that of an incident commander, however of a primary responder.
“As soon as he turned engaged, intimately concerned on the entrance line of this case, he’s a type of that’s in the very best place to proceed to resolve the incident at the moment,” Hyde stated. “So whereas it’s straightforward to establish him because the incident commander due to that NIMS course of, in practicality, you see right here he was not within the capability to have the ability to run this complete group.”
With no radio and no method to obtain up-to-date details about what was occurring exterior of the hallway, Hyde stated, one other one of many native, state and federal companies that arrived on the scene ought to have taken over command.
Nichols, the previous Seguin police chief, dismissed the concept one other officer would seamlessly undertake the incident commander function just because Arredondo by no means did. He stated decisive commanders are particularly necessary when a number of companies reply to an incident and are uncertain tips on how to work collectively.
“You realize the ability. You’re essentially the most intimately educated about this,” Nichols stated of Arredondo. “Take command and set what your priorities should be, proper now.”
On Might 31, officers with DPS, which is investigating the Uvalde capturing, instructed information shops that Arredondo was not cooperating with the company. The company’s investigative unit, the Texas Rangers, needed to proceed speaking with the police chief, however he had not responded to the company’s request for 2 days, DPS officers stated.
Hyde stated Arredondo participated in a number of interviews with DPS within the days following the capturing, together with a legislation enforcement debriefing the day of the assault and a videotaped debriefing with DPS analysts and the FBI the day after.
He’d additionally briefed the governor and different state officers and had a number of follow-up calls with DPS for its investigation.
However after McCraw stated at a press convention on Might 27 that Arredondo made the “fallacious choice,” the police chief “not participated within the investigation to keep away from media interference,” Hyde stated.
The Rangers had requested Arredondo to return in for an additional interview, however he instructed investigators he couldn’t do it on the day they requested as a result of he was protecting shifts for his officers, Hyde stated.
“At no time did he talk his unwillingness to cooperate with the investigation,” Hyde stated. “His telephone was flooded with calls and messages from numbers he didn’t acknowledge, and it’s attainable he missed calls from DPS however nonetheless maintained each day interplay by telephone with DPS aiding with logistics as requested.”
Hyde stated Arredondo is open to cooperating with the Rangers investigation however want to see a transcript of his earlier feedback.
“That’s a good factor to ask for earlier than he has to then focus on it once more as a result of, as time goes by, all the data that he hears, it’s laborious to maintain straight,” Hyde stated.
“They cherished these children”
When the gunman was lifeless, police had one other grim process: shifting the tiny our bodies of injured youngsters out of the room and getting them emergency medical care as quickly as attainable.
A line was shaped to softly however rapidly transfer them out. Every little one handed by Arredondo’s arms.
Later that evening, Arredondo went to the Uvalde civic middle, the place households waited desperately for information that their family members had survived, or had at worst been taken to the hospital for remedy.
For Arredondo, his lawyer stated, telling households that “no extra children have been popping out of the varsity alive was the hardest a part of his profession.”
The chaotic legislation enforcement response to the capturing by native, state and federal companies is below investigation by the U.S. Division of Justice and the Texas Division of Public Security. It’s the topic of an investigative committee of the Texas Legislature and would be the supply of months of scrutiny by public officers, survivors and the households of the deceased. Survivors and the households of victims have began contacting legal professionals for potential authorized motion.
Arredondo’s function shall be central to all of these probes.
For now, he’s avoiding the general public eye, having left his house quickly as a result of it’s below fixed watch by information reporters.
However he’s additionally been unable to mourn together with his neighborhood.
Arredondo grew up locally and attended Robb Elementary as a boy. He began his profession on the Uvalde Police Division and spent 16 years there earlier than shifting to Laredo for work.
He returned to his hometown in 2020 to move up the varsity district’s police division. He and his law enforcement officials cherished high-fiving the schoolchildren on his visits to the faculties, Hyde stated.
“It was the spotlight of his days,” Hyde stated. “They cherished these children.”
Arredondo’s ties to the capturing are additionally familial. One of many lecturers killed by the gunman, Irma Garcia, was married to Arredondo’s second cousin, Joe Garcia. Garcia died instantly two days after his spouse’s dying.
Arredondo grew up with Joe Garcia and went to high school with him. However when the funeral providers began, Arredondo stated he opted towards attending as a result of he didn’t need his presence to distract from the Garcias’ grieving family members.
His small police division can be struggling.
Eva Mireles, one other instructor killed by the gunman, was married to Uvalde Consolidated Unbiased College District police officer Ruben Ruiz.
“They misplaced an individual that they take into account household,” Hyde stated.
To alleviate his grieving officers, Arredondo has picked up further shifts on the police division.
And he’s obtained dying threats and adverse messages from individuals he doesn’t know.
“These are individuals who simply don’t know the entire story which can be making their assumptions on what they’re listening to or studying. That’s been troublesome,” he stated. “The police in Uvalde, we’re like your loved ones, your brothers and sisters. We assist one another out at any value, and we’re used to serving to out the neighborhood, interval, as a result of that’s what most public servants are about.”
Arredondo stated he stays happy with his response and that of his different officers that day. He believes they saved lives. He additionally believes that destiny introduced him again house for a cause.
“Nobody in my career needs to ever be in something like this,” Arredondo stated. “However being raised right here in Uvalde, I used to be proud to be right here when this occurred. I really feel like I got here again house for a cause, and this would possibly presumably be one of many most important the explanation why I got here again house. We’re going to maintain on defending our neighborhood at no matter value.”
Disclosure: The New York Occasions has been a monetary supporter of The Texas Tribune, a nonprofit, nonpartisan information group that’s funded partly by donations from members, foundations and company sponsors. Monetary supporters play no function within the Tribune’s journalism. Discover a full listing of them right here.
Texas
Should States Like Texas Be Allowed to Grade Their Own Highway Homework? — Streetsblog USA
In late October, protestors in Houston watched as officials wheeled a trough out into the middle of St. Emanuel Street and each scooped out a ceremonial shovelful of sand.
The officials were ostensibly there for a symbolic groundbreaking for the North Houston Highway Improvement Project, which will widen or rebuild around 25 miles of Interstate 45 in the heart of Texas’s largest city. For the protesters, though, the bulldozers that loomed in the background of that photo-op were a very real threat of the harm soon to come to St. Emanuel Street, and the estimated 1,079 homes, 344 businesses, five places of worship and two schools that will be razed to make way for the highway.
“Half of that street is going to be gone,” added Erin Eriksen, an organizer with Stop TxDOT I-45. “Half of those businesses are going to be torn down. And TxDOT was basically thumbing its nose at these places that were going to be destroyed because of this project.”
According to official analyses, though, the destruction of St. Emanuel Street and so many like it isn’t enough of an “environmental impact” to justify canceling the I-45 project, even though it will dramatically exacerbate pollution, flooding, and inequality in the disproportionately low income communities of color through which the expansion will largely run.
And that’s probably because the Texas Department of Transportation wrote those official analyses itself.
‘A fox guarding a hen house”
Thanks to a little-known loophole in federal law known as the “NEPA assignment” program, DOTs from Texas and six other states — Alaska, Arizona, California, Florida, Ohio, and Utah — are temporarily “assigned” the responsibility of conducting what are normally federally overseen environmental assessments (the states must reapply every five years when their authority expires. Texas’s authority expires this year, and members of the Texas Streets Coalition are urging advocates to comment on whether it should be rescinded before Dec. 9.)
In theory, NEPA assignment is supposed to help responsible state DOTs build projects quickly, without having to wait on a single understaffed federal agency to work through a backlog of proposals from across the country before giving the green light on simple repaving or repair. Some argue that it also gives environmentally progressive states an opportunity to conduct an even more thorough analysis than the feds would do on their own.
In car-dominated Texas, though, NEPA assignment is essentially a “fox-guarding-the-henhouse situation” — and its consequences shouldn’t be surprising to anyone, argues Heyden Black Walker of Reconnect Austin.
In Walker’s native Austin, for instance, advocates say that Texas DOT misleadingly “segmented” the expansion of a single intestate known as I-35 into three smaller projects along the exactly same road, hiding the staggering impacts the expansion would have for the region on the whole — and, advocates say, violating federal law. Walker says the “9,000 pages” of official documents about the project also didn’t adequately consider the highway’s impacts on air pollution, and failed to study whether railway investments could address the same problems the expansion was meant to solve.
That the I-35 expansion received even that degree of scrutiny, though, is something of an outlier.
Texas activists found that between 2015 and 2022, only six TxDOT projects receive a full-blown “environmental impact statement,” an exhaustive process that details exactly how the agency will mitigate the harm it will cause. A staggering 130 projects, by comparison, only received a far-simpler “environmental assessment,” all of which resulted in a “finding of no significant impact,” or FONSI, which is pronounced like the shark-jumping character on “Happy Days.”
Cumulatively, though, those “insignificant” projects displaced a stunning total of 477 homes and 376 businesses, and consumed $24 billion. And advocates say that lack of oversight is particularly damning for a state that would rank eighth in the world for carbon dioxide emissions if it were a country, and that polluted nearly twice as much as second-ranked California in 2019.
“The things that NEPA was intended to protect us from — from inordinate displacement, from worse air quality — Texas is failing on all of those metrics,” said Peter Eccles, director of policy and planning at LINK Houston, a transportation advocacy group. “Since TxDOT entered NEPA assignment in 2014, displacements have skyrocketed across Texas, dwarfing the national average in terms of how many households are displaced for freeway projects, as well as the number of counties that are no longer in attainment for criteria pollutants. … It’s not working as intended.”
If the federal government was conducting the NEPA process, advocates argue that Texas might face stricter parameters for what constitutes a “significant” impact of a highway project, rather than letting the state write off families losing their homes and residents getting sick as unfortunate but necessary evils. And maybe, bad projects might even be stopped before they start.
“TxDOT is setting up its own environmental reviews, setting its own parameters, and then self-grading its own performance by the parameters that it sets,” said Bobby Levinski, an attorney with the Save Our Springs Alliance. “And we don’t have that federal oversight that used to exist where, if you did have a disagreement over what the current state of the science is, [you might have] a technical expert at the federal level who could say, ‘No, you didn’t quite do a good enough job looking at, say, this air quality aspect.’
“That check no longer exists,” he continued. “And at the end of the day, they’re going to give themselves an ‘A.’”
NEPA Assignment Under Trump
Levinski and the rest of the coalition acknowledge that some might be wary of handing environmental power back to the federal government — especially with Trump returning to the White House.
Project 2025, which many believe will serve as the incoming president’s playbook, promises to restore regulations limiting environmental review that Trump put in place the last time he was in office, as well as “frame the new regulations to limit the scope for judicial review of agency NEPA analysis and judicial remedies.”
Advocates in Texas, though, say they’re already living in a world where NEPA has been badly watered down — and because of their state’s special authority, Washington was powerless to intervene. Restoring federal oversight, they argue, is a critical first step to making things right, followed by voting in a presidential administration that takes NEPA seriously.
“Here in Texas, we’ve been facing basically a mini-Trump administration, anyway, with our governor,” said Katy Atkiss, facilitator for the Texas Streets Coalition, referring to Gov. Greg Abbott. “He appoints the Texas Transportation Commission, which is basically five old white men — none with transportation experience. So I feel like we’ve been working in a similar environment anyway. We’ve had several conversations with DOT and other federal representatives throughout the course of of the year, and while they are extremely sympathetic, basically, they said, ‘We believe you, but there’s nothing we can do.’”
Until Texas’s NEPA assignment is revoked, all advocates can do is sue to stop bad projects — though with the president picking many of the judges, that’s an increasingly bleak prospect, too.
“With Trump being in office, the courts aren’t getting easier either,” added Levinski. “[And] making the public be the enforcer of NEPA, I think, puts a big onus on the residents of Texas to go up against the giant Goliath that is TxDOT on every single case. … We need some sort of measure of oversight. You can’t just write off the entire state of Texas.”
The members of the Texas Streets coalition acknowledge that getting their state’s NEPA assignment revoked won’t be easy — and if it can’t be done, they hope USDOT will at least make some common-sense changes.
The state might still be allowed do its own environmental assessments, but not on massive highway projects that displace hundreds of residents. The feds also might force the DOT to wait at least 30 days to collect public comment after they make changes to their plans, or submit to “an annual NEPA compliance audit” to ensure they’re not flouting federal laws. At a minimum, they could acknowledge that granting states like Texas the ability to do their own environmental review even as they’re suing to hide their greenhouse gas emissions from the public seems like a pretty obvious flaw in the system.
At the end of the day, though, advocates say we need to address the shortcomings of NEPA itself, which still doesn’t factor in the power of induced demand — and still offers all states too many opportunities to build destructive highways, even when the federal government is grading their projects.
“I think that NEPA assignment and its abuses by TxDOT are a symptom of the larger failings of NEPA as a whole,” added Eccles. “NEPA was very well intentioned at the time [it was written], but certain states like TxDOT have gotten very good at gaming it to rubber stamp projects that they want to do regardless. Contrast that with the NEPA burden that the Federal Transit Administration puts on transit projects; it’s much more rigorous, and it ends up slowing down those projects significantly. We need to have a clearer picture of what projects benefit the environment and which projects harm it.”
Texas
Texas Democrats say they won't back down from school choice fight | Texas: The Issue Is
When the Texas Legislature gavels in a new session this January, we will see another round in the battle over school vouchers.
Earlier this month, Texas Governor Greg Abbott held a news conference claiming victory on the issue. Abbott says he has the votes to pass vouchers, which has become one of his legislative priorities.
Abbott actively campaigned against rural Republicans who opposed his school voucher plan in the previous legislative session.
“There was a tidal wave of support for those House candidates that I supported,” the governor said. “We will ensure that every parent has the right to choose the school that is best for their child.”
Gov. Abbott says he has 79 solid votes for school vouchers. A bill needs 76 votes to pass the Texas House.
Voucher opponents, like State Rep. James Talarico, D-Austin, are not giving up the fight.
State Rep. James Talarico
Talarico talked with FOX 7’s Rudy Koski about the upcoming debate and if compromise on the issue is possible.
State Rep. James Talarico: “I think the fight to save public education will be the number one issue in the next legislative session. A majority of the counties in the State of Texas don’t have a single private school in them and the cost of the voucher doesn’t even cover the full cost of tuition at most private schools in Texas, so working class families, like the ones in my district, or my former students on the west side of San Antonio, they can’t take advantage of this voucher scam, and so instead the vast majority of the money will end up going to wealthy families who are already sending their kids to private school.”
Rudy Koski: “The governor has spent the last several months doing what some would describe as a revenge tour, going after rural Republicans who were part of this pro-education, bipartisan blocking coalition. They are gone. You have lost them. He says he has the numbers. Are you throwing up the white flag?”
Rep. Talarico: “Not at all. We didn’t lose all of them, despite the onslaught of big money and big lies into these Republican districts you still had pro-public education Republican legislators survive and are coming back to the Capitol this session. I’m thinking about Drew Darby and Stan Lambert and Gary VanDeever, despite the victories that the governor may have scored in this election cycle, this should not be mistaken for a mandate on private school voucher scams. The governor didn’t campaign on vouchers. The majority of Texans, according to the latest polling, reject private school voucher scams.”
Rudy Koski: “Is there ground for compromise in this debate?”
Rep. Talarico: “I think a voucher is bad public policy no matter how you cut it. I will never support a voucher scam, but if my colleagues in the House, Republicans and Democrats, if we can all agree that we need to fully fund our neighborhood public schools, then I will work with anyone to make that a reality.”
You can watch Texas: The Issue Is every Sunday night on TV and anytime on FOX LOCAL.
Texas
North Texas enjoys warm, windy weather for Parade of Lights
Strong winds and humid conditions will make for an unusually warm Sunday in North Texas.
High temperatures are expected to reach 80 degrees in some areas, which is about 15 degrees above normal for this time of year. This warm weather will make for a balmy atmosphere for the Parade of Lights in downtown Fort Worth tonight, starting at 6 p.m.
However, the warm stretch won’t last. A cold front is expected to hit Monday morning.
Morning temperatures on Monday will start near what is typically a daytime high, similar to today. But as the cold front moves in, gusty winds from the north will cause temperatures to drop to the upper 50s by late afternoon – the first of two cold fronts expected this week.
So far, November has been remarkably warm, currently ranking as the fifth warmest on record from 1899 to the present. However, it won’t end that way.
The cold front arriving on Thanksgiving will drop temperatures down enough to require winter coats.
North Texas is anticipating a widespread freeze by Friday morning, with the Dallas-Fort Worth area forecasted to stay just above freezing during what is expected to be the coldest morning of the season. A First Alert Weather Day has been issued in preparation for the cold weather.
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