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Saturday, May 23, 2009

NYTimes now in debt to Carlos Slim and Harbinger has two seats on its board....

"Harbinger acquired its stake in the NYTimes in 2007. Since then, the $500 million investment has lost more than three quarters of its value. Harbinger has two seats on the Times board of directors."..."The Times' $1 billion-plus in debt forced it to take a loan from Mexican billionaire Carlos Slim worth $250 million earlier this year.[2009] The Times paid $4.5 million up front to borrow the money and will pay 14% interest."

Google Alert "Harbinger seeks to make offer for bankrupt Asarco"

Harbinger seeks to make offer for bankrupt Asarco
"Reuters - USA
By Emily Chasan NEW YORK, May 22 (Reuters) - Harbinger Capital, one of Asarco LLC's largest bondholders, is seeking to offer its own $500 million ..."

Tuesday, May 19, 2009


Why does "Asarco Inc." show up as part of a SWISS BANK called Asarco AG?

"Asarco AG
Usteristrasse 11
8001 Zürich
Lageplan | Nachbarschaft

CHF 100'000

Eintrag ins Handelsregister:
Rechtssitz der Firma:
Zürich (ZH)

Übersetzungen des Firmennamen
Asarco Inc.
Asarco SA

Asarco AG Usteristrasse 11 8001 Zurich Layout plan | Neighbourhood Status: actively Legal form: Corporation Principal one: CHF 100' 000 Overview Entry in the Register of Companies: 30.09.1988 Right seat of the company: Zurich (ZH) Translations ["other"] company names of the Asarco Inc. Asarco SA"

"Company    Asarco AG
Translation    Asarco Inc.
    Asarco SA
CH NUMBER    CH02039018381
ADDRESS    Usteristrasse 11 8001 Zurich
Company state    Active
Legally form    Joint stick company
Capital    CHF 100 ' 000
PUR-float    Financial transactions of all kinds, switching and execution of financings, practice of trust functions and thus coherent services as well as execution of consultation and expert's assessments; can take part in other enterprises as well as properties, patents, rights and licenses acquire, hold and sell.
This company into the commercial registers    Show (on-line CR summary)
Commercial register in load    RC OF the CAN clay/tone Zurich

Climb    DATE    Category    Publication
26    4.9.2006    Commercial register
Mutation    Asarco AG, in Zurich, CH-020.3.901.838-1, financial transactions, corporation (T/plate No. 167 from 31. 08. the 1998, P. 5999).
New ADDRESS: Usteristrasse 11, 8001 Zurich.
Issue No. of 23523 OF 29.08.2006 (3532938/CH02039018381)
SOGC publication (pdf file)
100    31.8.1998    Commercial register
Mutation    Asarco AG, in Zurich, financial transactions, corporation (T/plate No. 141 from 25. 07. the 1997, P. 5311).
People deleted or signatures revoked: Beltracchi, Angela, of Basel, in upper confining rings, member, with single signature.
Peoples registration new or modified: Haberthür, Urs, of width brook, in upper confining rings, member, with single signature."

property is held in trust by Swiss company Asarco AG

Lender asserts claim on lakefront mansion
Crain's Chicago Business - Chicago,IL,USA
"The property is held in trust by Swiss company Asarco AG, which Mr. Mikhail controls, according to the complaint and public records. ..."

"....A Caribbean investment company has sued to collect on a $12-million loan to a little-known investor, asking the court to put a lien on a lakefront mansion in Highland Park. Foreign investor Mikhail Katamanin took out the short-term loan in March 2008 from Plymouth Consultants Ltd., which is based in the British Virgin Islands, ...The property is held in trust by Swiss company Asarco A.G., which Mr. Mikhail controls.... Northbrook lawyer Irving Drobny, who represents Asarco, is out of the country until next week....."

Iron Triangle: Carlyle Group Exposed (first 2 minutes in Dutch, rest in English)

TCEQ begs the question of the secret toxic waste

To:  Michael Chamberlain, TCEQ Legal Assistant
Fr:  Heather McMurray

If the TCEQ is "required to produce portions of documents that do not fall under an exemption even if other portions of the document fall under an exemption."  then why hasn't TCEQ done so?  

The TCEQ's actions appear as a deliberate evasion of open-government and access to the information I requested.  You have completely ignored my request, when I stated: "However, this time you and/or he QUALIFIED that statement by adding the words  "IN HIS POSSESSION".   Please tell me in whose possession this data is in, if not in his [Mr. Brad Wilkinson's] possession."  

My only conclusion can be that the TCEQ does not want the Paso del Norte Community to know what poisons have been left here from what the EPA/DOJ 1998 confidential-for-settlement-purposes-only-document told us was deliberate incineration of unmanifested toxic-wastes for profit over years.

"I continue to point out that it is inherently incredulous that Mr. Wilkinson claims he has no communications (email, phone, electronic-mail from the phone, correspondence) about mercury (or strontium or the other chemicals I listed).   However, this time you and/or he QUALIFIED that statement by adding the words  "IN HIS POSSESSION".   Please tell me in whose possession this data is in, if not in his possession.  It is inherently impossible for the TCEQ primary remediation contact to have no communications on record regarding these contaminates of concern."

"It is inherently incredulous that the main contact (B. Wilkinson) for all ASARCO El Paso remediation work for the last decade has no emails, wireless or otherwise (or phone logs, or correspondence) responsive to my request.  This is bordering on a deliberate withholding of information from the public.
In regards to having to submit a request for documents through the TCEQ public information - I had already done this, and these email communications were a result of Mr. Wilkinson refusing to admit he has any information responsive to my request.   Please note that I stated "If any of the information cannot be released to me in whole or in part because of confidentiality, please list those documents in question."  The latter was not done.

You will note the following records request.  Your offices have consistently failed to reply to my message stating that it is impossible for Mr. Wilkinson to not have Asarco El Paso Mercury data (for example) from the TCEQ when the TCEQ itself has sent me ASARCO mercury data.  There is no one else who oversees the remediation at the TCEQ.  He is the sole contact."

Toxic Hudson River Sediment Could Poison Texas Aquifer

And what do they do with the Toxic Rio Grande Sediment containing only gods-know-what from the old ASARCO Plant site?  Can we ship it to New York State for disposal?

Google News Alert for: toxic waste

"Toxic Hudson River Sediment Could Poison Texas Aquifer
Environment News Service - USA
The train cars will have plastic covers that would do nothing to hold the toxic waste in the event of a derailment. These train cars should be properly ...
PCBs leaked from the GE Hudson Falls Plant site into the Hudson River (Photo courtesy U.S. EPA)"

Monday, May 18, 2009

Public comments IGNORED by both the DOJ, TCEQ and EPA in their public response to Asarco El Paso bankruptcy FRAUD statement

-------- Original Message --------
Subject: Public comments IGNORED by both the DOJ, TCEQ and EPA in their public response to Asarco El Paso bankruptcy FRAUD statement
Date: Mon, 18 May 2009 13:31:01 -0600
To: Lorinda Gardner <>, "pubcomment- ees.enrd"[AT], tonia.fleetwood[AT], AskDOJ[AT], jackson.lisa[AT], jackson.lisap[AT], AskDOJ[AT], pubcomment-ees.enrd[AT], Peter.Ambler[AT], eliot.shapleigh[AT]

Fr:  Heather McMurray
cc/bc: Concerned parties, including media and the IBWC
sb: Public comments IGNORED by both the DOJ, TCEQ and EPA in their public response to Asarco El Paso bankruptcy FRAUD statement

The Federal Department of Justice "update" to the official response to public comments concerning the ASARCO EL PASO BANKRUPTCY is excerpted below.   The link is at the bottom of this email.   The list of comments received mentions 1738 timely comments and 25 transcribed comments.    The table below and the document does not mention ANY of the concerns that I expressed.

I would like to know why.

I know from the transcribed-public-comments session that no one raised the concerns that I gave; and, that I said AT THAT SESSION that the concerned citizens of Sunland Park (Sunland Park Grassroots environmental Group/SPGEG) are tired of not having their questions answered.

In my opinion, this ongoing silence regarding the SPGEG's letter to the Governor -- handed in person to him twice over 2 years (and to the U.S. DOJ Bankruptcy Trustee) and the absence of ANY RESPONSE to these questions shows that the EPA, the TCEQ and the DOJ are failing to address the evidence in these documents.

That the EPA, the DOJ and the TCEQ have failed to mention or address the concerns in my public-comments; that they have failed to mention or address the concerns expressed by Bill Guerra Addington regarding content of the formerly confidential-for-settlement-purposes-only EPA/DOJ 1998 document and what happened at ASARCO EL PASO TEXAS; and that they have failed to do so despite multiple opportunities when they received these concerns and could have replied to these is significant.

We in the Paso del Norte Region (El Paso TX, the community of old Anapra Mexico and the residents living in Sunland Park NM)
want honest answers from our government.

We are tired of the continued cover-up.

We are tired of the inability of our government to give honest answers while:

  • Grupo Mexico (Ferromex/UP) (owned 20% by Carlyle Group) bids on a 45 year freight rail contract to operate and carry freight from the new Punta Colonet Baja-Mexico-seaport along northern Mexico up through the new international city of San Jeronimo/Santa Teresa, within a 15 mile-radius of the ASARCO EL PASO illegal/secret toxic-waste stacks WITHOUT DECLARING THE ILLEGAL AND STILL-SECRET TOXIC WASTE. 
  • EPA/TCEQ have known for some time that Asarco contaminated the international Hueco Bolson and the Rio Grande (and, a huge desalinization-plant has since been built on Fort Bliss property for the City of El Paso to remove 99% of the contaminants from the Hueco Bolson waters) yet they are only now telling the public.  
  • The IBWC workers remain sick from working right next to the old ASARCO EL PASO smelter stacks, while the OIG from our STATE DEPARTMENT (3/05) agreed that they were sick and that they couldn't get independent medical review in our region; and, while the IBWC has consistently been asking for help for the ASARCO contamination and the cracking-old American canal (build over 70 years ago after International-Treaty at American dam to separate Mexico from American waters) since 2001 -- eight long years ago.

Our government, as the CNN video on ASARCO EL PASO aptly said, is "broken government"; and we respectfully ask those within the new Presidential Administration to pay attention to our plight down here; and, begin to make things right.

[see page 33 and 34 of document linked below for the table that is mentioned]

You are subscribed to receive updates from the Texas Commission on Environmental Quality regarding the ASARCO site in El Paso, TX. 

We have added the Department of Justice's responses to public comments regarding the El Paso settlement as well as other environmental settlements under consideration by the bankruptcy court. To go directly to that 74 page document, click here.

To go directly to the ASARCO webpage,  click here.

May 15'th Grupo Mexico files offer with Bankruptcy Court for Asarco...

"NEW YORK, May 15 (Reuters) - A Grupo Mexico SAB de CV(GMEXICOB.MX) unit
on Friday formalized its $1.55 billion offer for bankrupt U.S. copper
miner Asarco LLC by filing its own proposal for Asarco's reorganization
in a Texas court.... is competing against a $1.7 billion offer from
India's Sterlite Industries (STRL.BO).... Grupo Mexico said it is
offering $1.3 billion in cash and a $250 million fully committed loan to
regain control of Asarco. Sterlite's offer is for $1.1 billion in cash
and and about $600 million of senior secured notes, payable over nine