FORT WORTH - North Texas cities want the chance to pay more for a vital building material - cement.

Dallas, Fort Worth and other cities are in court defending the right to buy more environmentally-friendly cement - even if it costs more.

They're beginning to ask the legislature for help.

Most of the concrete you see driving around in the metroplex comes from a concrete plant in Midlothian.

But there's something different about some of it, something you can't see, but that cities are willing to fight for.

It's known as "green cement" - cement made with a lower emissions process.

John Rath thought of one thing when he learned about the emissions created by Midlothian Cement Plants - his children.

"I could not just sit and not do anything about that," he said.

Rath asked his hometown of Grapevine to adopt a resolution, similar to ones already adopted by other metroplex cities, that directs them to buy so called green cement, even if it costs more.

"We've been looking at it staff-wise, just cost-wise to see where we wanted to go with it and in the meantime the lawsuit came up," said Jennifer Hibbs, Grapevine's assistant city manager.

A lawsuit has been filed by Ash Grove Cement Company, a Midlothian company that does not produce the green cement.

In says in part: "the defendants ignored Texas statues limiting their ability to use their purchasing power to effect social policy, stifled legitimate competition, and jeopardized scores of jobs."

"It sounded like strong arm tactics to me," said Rath.

Now, Rath and members of a pro-green cement group - known as Downwinders at Risk - are leading an effort to find a way around the courts by going to the legislature. Grapevine city council's considering a resolution this week.

"If dirty cement is the lowest bid I don't want Grapevine to have to buy dirty cement," said Rath.

"We'll be asking the council to ratify the staff's recommendation that we support legislation that allows cities to enact a green cement ordinance where we could purchase green cement at 5 percent over the low bid."

Ash Grove maintains it takes its responsibility to the environment seriously, pointing out it voluntarily cut emissions that lead to ozone creation by nearly half, in the past couple of years.

E-mail chawes@wfaa.com.