U.S. Fish And Wildlife Service
By Emma Edmund, S23 Environmental Clinic Student
The EPA has some work to do, at least according to almost 300 people from across the country, all of whom commented on the agency’s proposal to reduce methane in natural gas and oil development. Many of those who called in during the three-day hearing were from Texas, according to the Texas Tribune, and they are asking EPA to impose stricter emission requirements in a state that has few regulations. The EPA’s response, which will come after the public comment period closes in mid-February, could provide a look at how effective the participatory model is in Texas.
The participatory model refers to one of three types of environmental advocacy described by Luke Cole in a 1995 Virginia Environmental Law Journal article. In a participatory model, agencies like the EPA maximize community involvement in the permitting process, such as through the public comment period mentioned above.
The other two models of environmental advocacy are the professional model and the power model. In the professional model, lawyers lead the advocacy, because within this model they are often considered to be the ones with the most knowledge and ability to guide the advocacy process. The power model, on the other hand, centers the community. Those who adhere to the power model, wrote Cole, are often grassroots activists who argue that nothing will get done unless they are a part of, and have power within, the system itself. The power model distinguishes itself from the participatory model in who has the power to affect environmental change. In a participatory model, the agency often has the final say, and community members can merely advocate for what they believe in—Cole likens this model to what a concerned public citizen would do when faced with a policy they didn’t like. In a power model, the community and local activists fight for power that they can use to implement the changes they want to see.
Cole recognized that the power model may be best for low-income communities and communities of color, because those members often do not have the political power necessary to fight off other stakeholders, like large companies. Recent developments in Texas have provided examples of the participatory model proving ineffective after industry lobbying from oil and gas companies. For example, in 2022, the EPA considered a proposal that would have placed the Permian Basin in violation of ozone standards, a proposal favored by many communities and that would have forced companies in the area to modify their emissions. Ozone levels have risen in the Permian Basin over recent years. Despite the lack of ozone monitors in the area, towns like Carlsbad, New Mexico, have reported higher levels of ozone, and the National Parks Service has reported poor air quality at Carlsbad Caverns and Guadalupe National Park. Ozone can aggravate lung diseases, and is dangerous for older people, children, and those who work outside, according to the Texas Tribune. But in January, the EPA moved that proposal from its active to its pending agenda, which the Texas Tribune noted was a win for the oil sector after it lobbied to stop the proposal from moving forward.
However, other instances of the participatory model appear to be working. In early February, the EPA announced it would investigate Texas’ water quality and whether the state complies with the federal Clean Water Act, after dozens of environmental groups submitted a petition identifying problems with the Texas Commission on Environmental Quality’s water quality permitting program. Notably, however, many of the environmental groups who submitted the petition, such as the Sierra Club, have lawyers on staff, which signifies that the win comes from a blend of the professional and participatory models.
The EPA’s decision about methane regulations will help reflect whether the public hearing—a true form of the participation model—was effective. Many of the people who called in to the hearing, according to the Texas Tribune, voiced frustration with state agencies and their alleged inability to regulate oil and natural gas producers in the Permian Basin region. The community members called on the federal agency to impose stricter requirements for companies. The EPA’s response to the public comments will allow environmental advocates to track their efficacy through traditional administrative processes.
But while the EPA’s decision might validate the participatory model, communities who live within the Permian Basin still must fight for enforcement, which is a well-documented problem within Texas. The power model, noted by Cole to be more effective in creating the changes local communities want, might still be better suited to help enforce regulations when they are enacted.
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