President Biden grants presidential permit to Maverick County to construct Puerto Verde Global Trade Bridge Project
By: Ricardo E. Calderon, Eagle Pass Business Journal, Inc., Copyright 2024
President Joseph R. Biden, Jr. granted a presidential permit on Friday, May 31, 2024 to Maverick County, Texas (“the permittee”) to “construct, maintain, and operate a vehicular, pedestrian, and rail crossing located on the United States border with Mexico in Eagle Pass, Texas as described in the ‘Puerto Verde Global Trade Bridge Presidential Permit Application’ dated October 17, 2023 by the permittee to the Secretary of State and determined to be complete on February 5, 2024” subject to the conditions set forth in the permit.
President Biden’s granting of the presidential permit to Maverick County as the “permittee” to operate a vehicular, pedestrian, and rail crossing of the privately-owned, for profit Puerto Verde Global Trade Bridge, including a controversial Green Eagle Rail Line and Bridge, by Puerto Verde Holdings, LLC was received with mixed emotions by Eagle Pass and Maverick County taxpayers and residents whom have overwhelmingly opposed the public-private partnership project at the public hearings held on April 16 and 23, 2024 by the United States Surface Transportation Board’s Office of Environmental Analysis in Eagle Pass, Texas.
Maverick County under former County Judge David Saucedo had invested more than $200,000 and 10 years in conducting its own feasibility study for a county-owned third international bridge so as to create a revenue generating enterprise for the benefit of Maverick County taxpayers similar to that of the City of Eagle Pass two international bridges, whose revenues currently fund up to 50 percent of the City’s $60 million fiscal year budget, but all of those plans were scrapped by a new Maverick County Commissioners Court majority led by newly-elected County Judge Ramsey English Cantu who approved on July 7, 2023 a Resolution agreeing to “endorse the Puerto Verde Global Trade Bridge proposed by Puerto Verde Holdings, LLC.. and the County commits to be the lead sponsor of Puerto Verde’s Application to obtain a Presidential Permit for its Puerto Verde Global Trade Bridge.”
The Maverick County Commissioners majority of County Judge Ramsey English Cantu and Commissioners Roberto Ruiz, Olga M. Martinez, and Roxy Rios swiftly approved the Resolution endorsing the privately-owned Puerto Verde Global Trade Bridge project, which included a commercial freight vehicle international bridge and a railroad bridge and line in Seco Mines and Hopedale areas of Eagle Pass, with a limited 72 hours notice to Maverick County taxpayers as required under the Texas Open Meetings Act-but without any public meetings to inform the taxpayers of the project and the waiving of their legal rights to owning a third international bridge in lieu of Puerto Verde’s application for two privately-owned international bridges. County Commissioner Jerry Morales was the lone County Commissioner who did not approve the Resolution, preferring to abstain from voting.
Thus, the reason why President Biden’s presidential permit states that he is granting “Maverick County, Texas” the permit to construct, maintain, and operate a vehicular, pedestrian, and rail crossing as described in the “Puerto Verde Global Trade Bridge Presidential Permit Application” dated October 17, 2023.
President Biden’s presidential permit states “the permit shall expire 5 years from the date of its issuance if the permittee has not commenced construction of the Border facilities by that date.”
The May 31, 2024 Presidential Permit requires certain conditions be complied with by the “permittee” including “obtaining any required Federal, State, and local permits, approvals, and authorizations prior to commencing construction activities. The “permittee” shall implement the mitigation identified in any environmental decision documents prepared in accordance with the National Environmental Policy Act and Federal permits, including the storm water permits and permits issued in accordance with…the Clean Water Act. The “permittee” shall comply with applicable Federal, State, and local environments laws.”
Maverick County taxpayers have raised many questions regarding the granting of the Presidential permit to “Maverick County, Texas” as the “permittee” because of the strict conditions placed upon the “permittee” that it “shall hold harmless and indemnify the United States for any claimed or adjudged liability arising out of construction, maintenance, and operation of the Border facilities, including environmental contamination from the release, threatened release, or discharge of hazardous substances or hazardous waste.” Will Maverick County taxpayers be held liable for any legal claims for damages or liability? What does Maverick County’s agreement with Puerto Verde Holdings, LLC state as to who will be liable for any legal claims arising from the project?
Maverick County taxpayers are totally clueless as to what their legal obligations and potential liabilities are for becoming the “lead sponsor” and the “permittee” of this privately-owned two international bridges project known as “Puerto Verde Global Trade Bridge” because Maverick County Commissioners Court have not held any public meetings to inform the taxpayers nor have they disclosed county public information records to the public.
The Eagle Pass Business Journal, for instance, made a written request to Maverick County Judge Ramsey English Cantu as the custodian of public records for Maverick County on December 11, 2023 for all public records concerning the Puerto Verde Global Trade Bridge Project, but as of the publication of this article on June 7, 2024 (almost 6 months ago) has yet to receive one single page of a public record in violation of the Texas Public Information Act.
The lack of transparency and disclosure of public records by Maverick County to its taxpayers raises many concerns and questions regarding public government and the obligations and responsibilities of county taxpayers concerning this huge public-private partnership between Maverick County and Puerto Holdings, LLC estimated to be worth over $200 million. Taxpayers demand from Maverick County Commissioners Court full and open transparency and disclosure of public records under state law.
The lack of full and open transparency by Maverick County Commissioners Court regarding this public-private partnership only fuels taxpayers distrust and confidence in public government and support for the project, as well as future projects. Public government officials, employees, and representatives work for the people and owe a fiduciary duty to taxpayers to protect their best interests, not those of special interests or their own.
Maverick County taxpayers will continue to seek and obtain full disclosure of public records and pursue an open and transparent public government from all public officials, employees, and representatives.
