From Surviving to Thriving -- Emergency Waiver of Health, Safety, and Environmental Rules

On August 23, 2017, Texas Governor Greg Abbott declared a state of emergency as Hurricane Harvey approached the Texas Coast. That state of emergency was ultimately expanded to 60 counties in Texas. Emergency declarations in Texas (as in many states and for the federal government) allow the governor to unilaterally suspend specific rules and regulations if they are expected to hinder disaster recovery. The Texas Commission on Environmental Quality (TCEQ) asked Governor Abbott to suspend dozens of environmental rules on August 28, 2017, as Harvey was continuing to pummel Houston and the Texas Gulf Coast area. When environmental, health, and safety rules are waived during disasters, we may not only harm public health, but we may also never know the extent of that harm. The failure to report may be more problematic than the emission waivers themselves.