06:56 PM CDT on Wednesday, April 12, 2006

From 11 News Staff Reports

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The city of Houston is considering an unprecedented lawsuit against a local refinery.

KHOU-TV

Drivers know Valero Energy as the company that took over the old Stop'n'Gos and the old Diamond Shamrock stations.

The company is putting a new public face on the continent's largest refiner.

But Houston's city government may be on the brink of suing Valero for what are described as "significant violations of environmental requirements."

An investigation by state regulators documented a number of emissions problems at the east Houston plant last year.

"We're taking a harder line than we have before, as we should. I think the citizens want us to," said Mayor Bill White. "There's more people living here now than there used to be. There's a lot of processed plants. And it's important that we protect our air."

Valero sent us a statement saying, "All incidents were self-reported by Valero and had no adverse impacts to the health of our employees or the community. The issue actually revolves around jurisdiction and reporting requirements."

For months now, attorneys for the city of Houston have been negotiating with attorneys for Valero. The city began preparations to file a lawsuit. And this week, the mayor put before city council a resolution that's required by state law before a city government can sue a refinery.

"Citizens of Houston are fed up with air pollution," said Councilmember Peter Brown.

But a number of councilmembers delayed voting on the resolution for a week.

Some of them think the city's overstepping its authority.

Others think it should go even further.

"I think the city, we can do more than ask for people to do the right thing," said the mayor. "We can codify the process that will make people do the right thing. And that's what we're working on, our office is working on, with some attorneys."

Now city officials are privately chuckling that the refiner's much more interested in negotiating as Houston moves closer to filing a lawsuit.