I, DAVID HUDSON, hereby declare:

1. I am over eighteen years of age and am competent to testify to the matters stated in this
declaration. These matters are within my personal knowledge, and if I was called as a witness I
would testify to them.
2. I have personal experience with the Texas Railroad Commission and commissioners
Michael Williams, Victor Carrillo and Elizabeth Jones with respect to discriminating against me
because of religion, race and my disability. I purchased a home and one acre of land in 2002. This
is land that was left to the family by my great grandfather, George Adams. He purchased 40 acres
in 1907 for $279 and a mule.
3. People of color are not given the same rights and voice as no-racial minorities. Racism has
multiplied from individual racism to social economic, intuitional and class. Racism in my
community is alive and well and practiced with defiance. On Oct. 3, 2007, I sent Commissioner
Williams and the some of the staff at the Texas Railroad Commission an e-mail and picture of an
effigy of an African American with bib-overall hanging from the limb off an Oak tree across the
street from our church. This manifestation of displayed racism was from the home of a Basic
Energy employee. I ask for a response in regard to how I am treated as a person of color and I
received no response this to me was a manifestation of a condoned activity.\
4. On March 26, 2003 the EPA and the Railroad Commission met at the Antioch Church with
others and me in the community. I asked a question in regards to our community being target for a
saltwater waste disposal operation because of our race and Mr. Bob Wells from the EPA stated
that this was a true statement. We had good clean drinking water, clean soil to farm, fresh water
streams for aquatic life, a clean, noise-free environment for wildlife and a safe rural road for our
children to ride their bikes and ponies. As a result of the actions of the Texas Railroad
Commission and elected commissioners, I do not enjoy a contaminant-free environment and have
been denied the pursuit of happiness, having to purchase another home 10 miles away because of
contamination in the soil, water, creeks, bogs and springs. I’m a disabled veteran of the Vietnam
War with exposure to unknown chemicals that I’m allergic to, including dust and noise.
5. I believe my community was targeted for toxic waste disposal because of our race, class and
social economic status. Our community is predominantly African American and we are without
clean air and recently, through the superfund of the EPA, were hooked up to a public water
system. However, our soil, surface water, water well, creeks, bogs and springs are yet polluted.
Our environment is in shock and has been significantly damaged because of prolonged oil and
gas waste disposal activities in our community. \
6. The Texas Railroad Commission and commissioners have allowed procedural requirements
to be overlooked and have not taken steps to ensure compliance with documented and published
guidelines. The most recent companies involved: Basic Energy Service Co. and Chevron Texaco.
Chevron Texaco has a saltwater disposal well within one mile of our community. This activity, in
the heart of the local community, coupled with the lax and non-compliance with procedures, have
caused devastating damages to our water, soil and environment through the following actions:
7. Basic Energy, a saltwater disposal company, operated a Class II disposal well with large
cracks in the pit, cracks in the injection casing and no catch basin to collect waste from loading
and unloading waste disposal for many years. As a result of the way in which the disposal well
was maintained, leaks from the wastes disposal well leaked into our drinking water aquifer, heavy
rains caused numerous contaminants to overflow into our surface and ground water. These
contaminants include: Chromium, Mercury, Ethylbenzene, Lead, Toluene, M-and P-Xylene, o-
Xylene, Barium, Cadmium, Arsenic, Naphthalene, tert-Butylbenzene, sec_Butylbenzene, p-
Isopropyltoluene, Methylene Chloride, Naphthalene, n-Propylbenzene, 1,2,4, Trimethylbenzene,
Acetone, Xylene, Chrysene, Anthracene, Phenanthrene, Fluorene, Pro-tech MPA-9015, Gulfco
Xclay, Methyl Alcohol, Phosphonate, Organic Acid and Quaternary Amine. Many other
contaminants related to volatile hydrocarbons (BTEX) and Total hydrocarbons (THC) are still
present. Also, we are plagued with a non-point source pollution problem (NPS). The source of
this pollution problem is at the drilling site of each well for which disposal companies are
obligated by contract to dispose of reserve pit contaminants and saltwater from the state of
Louisiana. In 1995, the Texas Railroad Commission and commissioners allowed Falco to dump
illegal toxic waste in my community. This industrial waste was from the state of Louisiana. To
this date, the commissioners refuse to inform me of what chemicals are yet present because of
this blatant violation of my civil rights. In essence, in 2000 Falco paid the RRC $27,000 in
administrative penalties for illegally disposing non-oilfield industrial wastes into several wells,
including the Mitchell one, in 1995. Falco used Louisiana oil and gas waste manifests to falsely
describe the non-oilfield wastes it was putting in the wells. They did this apparently to avoid
paying to dispose of it properly in southern Louisiana, where there is a Class I industrial waste
site.
8. From February 1995 to October 1995, after Louisiana said the manifests didn’t match what
went in the ground, the company agreed to the penalty. However, a letter from the TRRC said the
settlement “didn’t constitute an admission of liability” and didn’t “affect the company’s
acceptable record of compliance.”
9. The Texas Railroad Commission’s actions permitting this waste disposal in our community
is insensitive to people of color and a denial of my civil rights and due process under the law. The
commissioners even voted to leave pipelines underground, which caused heavy concentration of
lead and arsenic in our ground water and drinking water. The pipeline acted as a conduit for
transporting these contaminants to the many receptors. The commissioners considered our issues
moot because the disposal company had withdrawn their desire to operate in our area. To render
our problem moot demonstrates that racism stands alone simply by the fact under the “Mootness
doctrine” this prohibits a court from deciding a legal controversy that no longer exists. However
the pollution problem in our community still exists. My issue is alive and plaguing my
community and my physical and mental health. The state of Texas and the elected railroad
commissioners do not have a legal right to claim sovereign immunity or qualified immunity when
the authority rests with their decision to either deny an operation in my community or approve it.
The commissioners’ approval for a waste disposal operation in my community which is African
American when the disposal well was located on the Hall property known as the E.F. Hall well.
Mr. Hall is a non-racial minority; the commissioners approved the saltwater operations to be
located on African American property and pumped the toxic waste from the African American
property across our church property in the vicinity of the church graveyard to the disposal well on
a non-racial minority person property. This is a form of blatant racism and a flaunting of authority
under a makeshift legal argument of qualified immunity. I question the Texas Railroad
Commissioners Mission Statement in quotation; what kind of “stewardship of natural resources
and the environment” do I have? My only answer is that I’m the wrong color. Who is “concerned
for personal and community safety?” The only answers I can think of are that I live in the wrong
neighborhood and attend the wrong church. What group of people benefit from the “support of
enhanced development and economic vitality for the benefit of Texans?” One group I know that
this support is absence from is the minority communities.
10. I have been denied the rights under the constitution of the United States of America the
sacred deity of worshiping our Lord Jesus Christ in peace and quiet. Religion arises under the
constitution of the United States, particularly the First, Fourth, Fifth, Ninth and Fourteenth
amendments to the constitution of the United States, and under the laws of the United States,
particularly the Civil Rights Act and the Texas Constitution. The exercise and enjoyment of
religious profession and worship, without discrimination, shall forever be free to all persons in
this state; provided, that the right hereby declared and established, shall not be interfered with by
saltwater disposal operations or any other oil and gas field activities or to justify racial practices
I’m protected in the First and Fourteenth amendments to freedom to worship and pray and have a
constitutional right to life, liberty and the pursuit of happiness without disturbance from noise,
dust, compressors and/or any other operations permitted by TRRC. Every family has the right to
grieve in peace for their departed loved ones. However, because of the insensivtity and racist
practices of a runaway agency, the moment of receiving spiritual uplifting has been denied.
11. The conduct of the commissioners has caused me an extreme amount of emotional upset in
that I have suffered continuous physical and emotional pain. I have a hard time sleeping not
knowing the outcome of the remediation of contaminants next to my home and if I will never be
able to live in my retirement home. These experiences caused by the commissioners have caused
me a great deal of pain, suffering, and anguish, and an inability to live a normal life.
12. The commissioners’ use of in-my-house policies and procedures are unconstitutional
because they will decide what oil and gas operations are acceptable and what is not acceptable.
Elizabeth Jones wrote in a Wall Street Journal article on Aug. 2, 2008: “I know about energy
policy. Every rig that dots the landscape of the Lone Star State is drilling a well permitted by the
Texas Railroad Commission.” This is a contradiction of the three commissioners’ affidavits that
states their staff makes these decisions in regards to permitting. My position remains that the
commissioners targeted my community because of the color of my skin for a toxic waste dump
ground and should be held accountable. Based on Elizabeth Jones’ statement in the WSJ
decisions, by the Commissioners will decide what communities to target for toxic waste disposal.
This practice is harmful to me and discriminatory and unconstitutional. It appears that the
commissioners’ decisions are not based on any facts but the prejudicial and discriminatory
attitude of their policies and personal views. The actions of the commissioners have specifically
violated my Fourteenth Amendment rights to privacy. The action of the commissioners have been
a deliberate attempt to suppress any wrongdoings by their staff and seek a summary judgment
without correcting my issues in regards to my rights to freedom of religion expression, health and
safety, privacy, free from racial practices and keeping me from exercising my constitutional
rights.
13. The actions on the part of the commissioners have affected me and limited my freedom to
visit with my parents because I’m unable to live in my home, which is near my parents. The acts
of the commissioners have been a conspiracy to violate the Texas State Laws and my
Constitutional rights, and these acts are so outrageous that all African Americans individually and
as a community should be protected from such abuses of power and ego. All black communities
has suffered past, present and will suffer future emotional and physical damages. In addition, the
commissioners should be assessed fines, civil penalties, sanctioned and up to termination for their
deliberate and indifferent acts in an attempt to violate my rights and the rest of the community
citizens of color constitutional rights and their wanton disregard of the constitution of the United
States and the constitution of Texas.
14. In the context of wrongdoing or abuse of power and this happen with a permit for a
disposal well in my community, false statement as to the nature of the pollution, the Executive
Director of the Texas Railroad Commission stated to the Shreveport Times that our pollution
problems came from “shallow wells and natural springs in Hudson’s neighborhood were
contaminated. However, he denied it was from oil and gas operations. Kitchens instead placed
the blame on natural runoff from pastures. No one has absolute immunity especially violate my
civil or constitutional rights or make fraudulent statements that is grounds to automatically lose
absolute immunity.
 15. The Panola County District Attorney stated in a letter that the commissioners permitted an
“illegal commercial” operation underneath a county road for toxic waste disposal. The
commissioners are not immune for the results of their official conduct simply because they were
enforcing policies or orders. Where a statute authorizes official conduct, which is patently
violative of fundamental constitutional principles. An elected official who enforces that statute is
not entitled to qualified immunity. The Texas Railroad Commission and commissioners used
information known to be false and not reasonable, and acts of deliberate falsity or reckless
disregard of the truth are not entitled to qualified immunity. No qualified immunity is available
for incorporating allegations into the permitting of a saltwater waste disposal operation report or
application and then covering it up. No elected official is entitled to absolute immunity for
allegedly false statements of fact made in an application for toxic waste disposal that will have a
lifetime effect on my health and welfare. I’ve been denied my right to procedural due process
because the intentional use of fraudulent information into the procedures used by the
commissioners denying me the right to fundamentally fair procedures, a right included in
Procedural Due Process. Dishonesty, Fraud, and Deception commissioners participated in,
engaged in, voted on, condoned and were associated with dishonesty, fraud, and deception.
Commissioners knowingly and willingly lied at a rehearing in August 2005 when they told me
that the site would be cleaned up. To date the site, remains polluted. Commissioner Williams
stated he did not believe my situation was moot because the facility had not been remedied of
contaminants. Commissioner Jones offered a motion to deny the rehearing and it was denied.
However, Jones got a rehearing for an oil and gas company of non-racial minorities and there are
several other motions for re-hearing for non-racial minorities. Some have been granted.
16. The commissioners participated in, practiced, condoned, facilitated and collaborated with
the Texas Railroad Commission to discriminate based on race, religion and disability. I’m entitled
to procedural due process covered under the law. The Texas Railroad Commission and the
commissioners cannot routinely deny me my due process rights. They cannot pick and choose
what laws they will obey and disobey. It is well settled in federal court that elected official and
state employees are subject to all of the amendments. The Texas Railroad Commission is a state
agency empowered by the governor and legislative branch of government to enforce state law and
statute and is a law enforcement agency by definition, hence the name law enforcement. It’s
inconsistent with the peace and safety of the state.
17. The commissioners and the Texas Railroad Commission have failed to act on my
complaints seeking remediation of pollution and contamination from our community. The
contamination remains in the soil, water wells, ponds and springs. The pollution still exists
from the closed Basic Energy disposal site and oil and gas wells in our community. The
Texas Railroad commissioners have failed to enforce the laws with respect to clean-up caused by
BES’ negligent operations involving a toxic waste spills that I reported to the commission. Spills
occurred at the wellhead, broken pipes, unsafe waste hauler trucks, operator negligence, leaks
through the cracked washout pit, and leaks from cracked well casings. The presence of these
pollutants causes me heart troubles, elevated blood pressure, rashes, mental stress and sleep
deprivation. By contrast to its inaction in response to my complaint, the Texas Railroad
Commission has ordered remediation in parts of Texas that do not have predominantly minority
residents. Particularly the Salt Water Disposal Site in Manvel, Texas, the Costal Impact
Assistance Program (CIAP), Daisetta Sinkhole and trade mission to Mexico. I believe it is my
constitunitional right to be represented equally as any other citizen regardless of my race, religion
and disability.

18. Any general environmental cleanup ordered by the Texas Railroad Commission and
commissioners have been inadequate and only “window dressing” to avoid any real
environmental law enforcement against illegal and criminal activities by the oil and gas industry
with respect to our environment.
19. I asked for and sought from Texas Railroad Commissioners a comprehensive medical
examination for myself and all CO RD 329 residents and subsequent health care to all residents
negatively affected by toxic waste disposal operations. The Texas Railroad Commissioners failed
to require this remedy. There is a lackadaisical approach to the remediation and other relief
requested to restore the environmental conditions and residential health of CR 329 Panola
County, Texas, and its residents. I continue to be negatively affected by the polluting action
allowed by the decisions of the Texas Railroad Commissioners. The Railroad commission of
Texas has jurisdiction over these matters affecting my health, privacy, religion and disability. I
have been unable to get results from this commission. Thus, it appears likely that without the help
of the EPA OIG, we would not be connected to a public water system. The OIG preliminary
observation and recommendations;
“We found:

• To date, neither EPA nor the state has a plan to permanently provide safe
drinking water for the affected community, to fully assess the contamination
and implement remedial measures to ensure the protection of human health,
or to remediate the effect on the environment. EPA and state officials have
been aware of problems at the Panola County site for more than six years.
The EPA has made several visits to the site and met with Panola County
residents attempting to resolve their drinking water problem. Not until two
 years after the contamination was confirmed, EPA began providing bottled
water for the affected residents. The state has worked with the responsible
party for the past two years to assess the contamination at the site and
implement remedial measures. Three years after being advised not to use
the groundwater for domestic purposes, the residents are still without a
permanent source of safe drinking water and the groundwater remains
contaminated. Because the responsible party has not been cooperative, the
state recently began enforcement action.

• Although data from several sampling and testing events between 2002 and
2004 were inconsistent, we determined the August 2005 groundwater
sampling and testing provided sufficiently reliable and usable data. The
State has used this data as a basis for identifying the additional site
assessment needs and for directing the efforts of the responsible party. We
believe this data is useful to identify some of the contaminants and their
levels of concentration presently in the groundwater. The data also can serve
as precursors for additional sampling and testing that should be undertaken.

• EPA’s oversight of the state’s UIC program has been inadequate. The EPA
has been actively involved in the issues surrounding the contamination in
Panola County for more than six years and EPA UIC staffs have worked with
the state in its efforts to address the Panola County contamination. Even so,
the EPA has allowed the state to manage site assessment and remediation
under State Rules and the State’s UIC program. After two years, the state
has not been successful in addressing the contamination. As overseer, EPA
has not ensured that the state’s efforts were sufficient. The EPA has not
carried out its enforcement responsibilities as outlined in the Safe Drinking
Water Act and applicable Code of Federal Regulation to protect human health
and the environment.”

20. If my community is not remedied soon, my life, animal and plant life will suffer from the
environmental damages caused by the actions of the Texas Railroad Commission and the
commissioners. Our grasslands, which presently contain few roads, are habitat for a healthy and
varied wildlife community. Nonetheless, the line of wells, pipes, power lines, drill pads, storage
tanks, trucks and other surface debris crossing the landscape is visible in every direction. The
trucks generate dust, which blocks outs the views of the land and make it difficult to breathe.
Because of the commissioners’ failure to conduct adequate air monitoring in our area, I’m unable
to evaluate the certain health implications of air contamination. In addition, another possible side
effect of oil and gas operations is the potential release of deadly hydrogen sulfide gas that tends to
settle in low lying areas where it poses a threat to, moreover, I've observed a decrease in
numerous species of birds, fish, reptiles and plants.
21. I’m asking the court to deny the state summary judgment and impose a mandate on the
state of Texas and commissioners to assist my community with a self-assessment of owner’s
property, assessment of clean-up required for each site, an industry review of alternatives for
resolving issues at each site, such as constructing proper drainage where erosion has occurred,
removal of contaminants, site restoration, revegetation, etc., develop Environmental Concept
Plan, restore wildlife habitat based on remediation plan, clean out all domestic water springs and
creeks, remove saltwater from bogs, wetland and surface water ponds so aquatic life can
reproduce.
22. The outcome that I’m expecting is that an immediate remedy is put in place and that the
parties responsible for contamination of our groundwater source be held financially and
criminally responsible. Specifically, I’m requesting remediation and cleanup of contamination;
civil or criminal fines and penalties, as applicable; future monitoring and educational programs so
our community can detect and understand the medical impact that groundwater and soil
contamination may already have on them. In addition, we would like the state government to
provide health examination, screening and free medical care so we can all know the extent to
which Panola County residents may have been harmed by contaminated water air and soil. The
ecosystem in our area is devastated because of the commissioners’ discriminatory practices.
Because of contaminants in the soil, the surface soil has been stripped of its nutrients, making it
difficult, if not impossible, for our citizens to yield a healthy vegetable crop. I also want to
explore avenues that are available for economic relief for affected landowners/operators. Beyond
the impact of ruining previously clean drinking water and farming acreage, the industrial abuses
of our ecosystem are also felt on animal and wildlife. The freshwater streams, creeks, bogs and
grasslands are suffering from a major environmental shock. Migratory waterfowl and resident
species of other birds, mammals and reptiles are also endangered. We need a grant from the state
to start this work immediately. The commissioners look at us as being invisible. The Texas
Railroad Commission and commissioners do not recognize that the ecosystem is for the benefit of
the residents of CO RD 329 citizens and not solely for the profits of the oil and gas industries and
saltwater disposal industry. Clean drinking water, clean soil, clean air, wildlife and agriculture
can be managed responsibly and effectively, but this has never occurred within Panola County
CO RD 329. With the help of the court, the citizens of this community can address these
concerns regarding the contamination, resulting in a reduction in the quality of life and quantity
of animals and plants within our community. The source of our problem rests with the
commissioners in their own review of records reveals evidence of a production casing leak from
the Former R. B. Mitchell (10390) Well No. 2. District 5/6 Office inspection records indicate that
produced water was observed flowing from between the surface casing and production casing
when the well was plugged in March 2005.

I declare under penalty of perjury that the foregoing is true and correct.

Dated: August, 26, 2008

David Hudson, Jr
David Hudson Jr.