"THE ONLY THING NECESSARY FOR THE TRIUMPH OF EVIL IS FOR GOOD MEN TO DO NOTHING"
--Burke

Wednesday, November 16, 2011

United States of America vs Asarco LLC --- East Helena CAMU Trust

Taken from google alert:

"
U.S. v. ASARCO, LLC
Leagle.com
The fact that a subsequent bankruptcy settlement agreement resolved any remaining or future liability on ASARCO's part for that work also has no bearing on ...
"



" U.S. v. ASARCO, LLC 
No. 10-35824.


NOT FOR PUBLICATION

MEMORANDUM*

ASARCO appeals the district court's denial of its motion to terminate the East Helena CAMU Trust ("CAMU Trust") and grant of summary judgment in favor of the United States.  .... The fact that a subsequent bankruptcy settlement agreement resolved any remaining or future liability on ASARCO's part for that work also has no bearing on the trust's termination, since the trust's language is clear that the trustee is to reimburse ASARCO "or other persons" for work done on the CAMU Phase 2 Cell. Similarly, that the bankruptcy settlement agreement established a separate trust to fund cleanup activities at various locations, including at the East Helena site, which trust's funds could be used by the government for the CAMU Phase 2 Cell, also has no bearing on the CAMU Trust's termination.... AFFIRMED. "


Sunday, November 13, 2011

What Toxic World has Asarco's eight years of unpermitted hazardous waste incineration left El Paso Texas?

"Mankind has gone very far into an artificial world of his own creation."

From Carson’s speech in acceptance of the National Book Award, 1963
http://www.fws.gov/northeast/rachelcarson/Excerpts.html

Asarco pays more [65 million] to upgrade its Tuscon Mill than it will to clean up over 100 years of smelting and nearly ten years of illegal hazardous-waste incineration at El Paso TX [52 million]

Asarco pays more [65 million] to upgrade its Tuscon Mill than it will to clean up over 100 years of smelting and nearly ten years of illegal hazardous-waste incineration at El Paso TX [52 million].  And, how do we know that ASARCO isn't running another unpermitted Hazardous Waste Operation like it did from 1991-1998? They said the same thing - that they were increasing production and decreasing pollution when they put the new ConTop furnaces in El Paso Asarco 1992...

"Asarco Copper Mill to Double Output While Cutting Dust Emissions
By Tony Davis, The Arizona Daily Star, Tucson

Nov. 10--Asarco will nearly double production at a mill south of Tucson, but it says it will reduce dust emissions slightly by adding pollution controls in a $65 million upgrade.

The mining company wants the Pima County Department of Environmental Quality to revise its air quality permit so it can increase the amount of copper ore running through its Mission Mine's south mill by about 71 percent....  County regulators say they agree with Asarco's calculations that emissions will decline despite the higher production levels.

The mill, just south of Pima Mine Road and west of Interstate 19, is one of two at the Mission complex, which employs about 625 people.

After the mine expands the south mill's production capacity, total employment will rise by perhaps 10 to 15 people in about the first quarter of 2013, said Tom Aldrich, Asarco's vice president of environmental affairs."

http://southwest.construction.com/yb/sw/article.aspx?story_id=165754240