“We’re aware of the filing and are reviewing it,” Justice Department spokesman Wyn Hornbuckle said in a phone interview today. “We will respond appropriately in court.”
In a separate lawsuit in federal court in Nebraska, Union Pacific Railroad Co., which the EPA also blamed for the pollution at the Omaha site, refused to settle and sued the agency seeking the same contamination studies that Asarco had requested."see:
An interesting aside is that Asarco is owned by Grupo Mexico whom (along with Carlyle Group) controls over 50% of the Freight-rail-right-of-way in Mexico; and, whom wants to merge Ferromex with Ferrosur and deliver Pacific NAFTA goods from a proposed-Mexico-seaport to the USA Eastern Seaboard through Chicago (search for "Punta Colonet" on this blog). Carlyle owns CSX railroad (USA eastern seaboard).
Besides being home for Union Pacific Railroad Co., Nebraska is headquarters to an international-railroad-company that is uniquely situated to deliver NAFTA goods from various points in the central USA to Chicago, RDC. Its management also serve as executives to the Hawthorne Group (apparently the same group mentioned by Wikipedia in connection with the "2009 debate over the [Clean Coal] Waxman/Markey bill"). One of the RDC officers "played a key role in RDC's activities in Peru" (see below), where Asarco has the SPCC (Southern Peru Copper Corp.). RDC operates FCCA in Peru along with connections to neighbor(s); Grupo Mexico has its own railroad in Peru for SPCC.
"Iowa Interstate Railroad, LTD (acquired by RDC in 2004) is a privately held Delaware Corporation and subsidiary of Railroad Development Corporation. It is also one of the few Regional Railroads that connects with the entire Class 1 railroad system (BNSF, UP, CN, CP, KCS, CSXT, and NS) at multiple locations. ...As a result, IAIS customers have the capability to ship and receive their goods to or from anywhere in North America. ...Our service pattern is 7 days per week between the Omaha area and Chicago. We also offer access to the Mississippi and Illinois River terminals....http://www.iaisrr.com/
Mgt. of RDC:
"Henry Posner III ...serves as Chairman of RDC; Chairman of Iowa Interstate Railroad; Chairman of Ferrovias Guatemala; a Director of América Latina Logística-Central & Mesopotámico (Argentina); and as Vice Chairman of The Hawthorne Group." http://www.rrdc.com/mgmt_bio_posner.html"The intention of Grupo Mexico is to maintain and improve the productive plant of SPCC, - that means continuing with the mine and concentrator facility expansion in Toquepala, the construction of an SXEW facility in Cuajone or the expansion of the one located in Toquepala."
Mr. Pietrandrea [President of RDC] also serves as ...Chief Operating Officer of The Hawthorne Group.
http://www.rrdc.com/mgmt_bio_pietrandrea.htmlWilliam J. Duggan [is] Vice President-Operations [of RDC and the ] President, Ferrovias Guatemala...[he] has since played a key role in RDC's activities in Peru and Guatemala....
Since 2003, Mr. Hensler has served as RDC's Chief Financial Officer.....[he] is also a Vice President of The Hawthorne Group, a private investment and management company which invests through affiliates primarily in media and communication companies."
"Rail transport in Peru [Home of Grupo Mexico Southern Peru Copper Corp]: ...
Since 1999 it has been operated as the Ferrocarril Central Andino (FCCA)... by the Pittsburgh-registered Railroad Development Corporation. ....The Central is extended by the Ferrocarril Huancayo - Huancavelica ...Also connecting with the Central, at La Oroya, is the Cerro de Pasco railway ...The owning company was nationalised as Centromín in 1974 and operation of the railway was taken over by FCCA...The newest railway in Peru is a standard gauge line opened in 1959 by the Southern Peru Copper Corporation from its opencast mine at Toquepala to the port of Ilo (187 km/116 mi) with a later branch largely in tunnel to its workings at Cuajone. " http://www.thefullwiki.org/Rail_transport_in_Peru