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

Friday, May 8, 2009

Why are the same DOJ people who signed onto the ASARCO Bankruptcy (i.e. "fraud") the same ones coming down here to El Paso for our comments? They should RECUSE themselves

"Case 05-21207 Document 6424 Filed in TXSB on 12/03/2007 Page 10 of 12
Page 11
Respectfully submitted,
RONALD J. TENPAS
Acting Assistant Attorney General
Washington, D.C. 20530
/s/
ALAN TENENBAUM
DAVID DAIN
JEFFREY M. PRIETO
CARA M. MROCZEK

Environmental Enforcement Section
Environment and Natural Resources Division
U.S. Department of Justice
Attorneys for the United States of America
Dated: December 3, 2007"
http://archives.newspapertree.com/December%202007/12.7.07%20ibwc%20dec%203.pdf


It is all about "CLOSURE" and not about "DISCLOSURE" of the illegal and formerly secret toxic-waste burning (some of military origins) done by ASARCO El Paso from 1992-1998 (NYTIMES 10/06)--- and revealed when finally some HONEST person in the DOJ released the "confidential settlement document" as a public document after EIGHT YEARS of secrecy.

Thursday, May 7, 2009

Will the DOJ expose the ASARCO Bankruptcy Fraud?

TCEQ, EPA and DOJ to Hold Asarco Public Meeting

(Dallas, Texas – May 7, 2009) The Texas Commission on Environmental Quality (TCEQ), U.S. Environmental Protection Agency (EPA), and the U.S. Department of Justice (DOJ) will hold a public meeting on the Consent Decree and Settlement Agreement for the Asarco smelter site in El Paso, Texas, and the zinc refinery site in Amarillo, Texas, filed in the Asarco bankruptcy proceeding. A presentation will be made by TCEQ, EPA, and DOJ, followed by the taking of public comments. The federal agencies at a later date will file a response to all public comments with the Court. Speakers will be limited to five minutes to provide comments. We are particularly interested in hearing from those members of the public that have not previously submitted comments regarding this matter. The meeting will be broadcast through the City of El Paso closed circuit system. Spanish translation will be provided at the meeting.

WHO: Caroline Sweeney and Carlos Rubinstein, TCEQ
Terry Sykes, EPA
Jeffrey Prieto and Cara Mroczek, DOJ

WHERE: City Council Chambers
2 Civic Center Plaza
El Paso, Texas
(for directions to City Hall, go to http://www.ci.el-paso.tx.us/directions.asp)

WHEN: Monday, May 11, 2009
6:30 p.m. to 9:30 p.m.

More information about activities in EPA Region 6: http://www.epa.gov/region6

Wednesday, May 6, 2009

Vanderbilt Financial Trust


New Mexico: Richardson Pal Marc Correra Made $2 Million On "Toxic ...
TPMMuckraker - New York,NY,USA
By Moe Tkacik - May 6, 2009, 2:35PM Last week we introduced you to Marc Correra, a longtime ally of New Mexico Governor Bill Richardson, who appointed his ...
See all stories on this topic

 This as-it-happens Google Alert is brought to you by Google.

DOJ allowing ASARCO El Paso to get away with fraud in the ASARCO Corpus Christi bankruptcy case

We want a DOJ Bankruptcy trustee who will do his job; and, disclosure of
the toxic wastes.

ASARCO El Paso is getting away with fraud in the ASARCO Corpus Christi
bankruptcy case, because a Dept. of Justice Bankruptcy trustee has
failed to make the ASARCO-Bankruptcy-court consider the unmanifested and
illegal toxic wastes ASARCO burned from 1992- 1998 (NYTimes 10/2006).
The EPA let the DOJ know about the illegal activity through a formerly
"confidential settlement document" (that was released to me in 2006
after being secret for eight years). The EPA is still failing to
reveal what toxic wastes are in the Paso del Norte region from this
activity.

In settling ASARCO's debts, the court is failing to consider the effects
of that toxic-waste. They act as if the toxic-waste never existed (the
EPA (and TCEQ and NMED) are still hiding the toxic waste (some of it had
military sources)). That is a fraud.

The ASARCO contamination has reached the Hueco bolson (international
aquifer), and the Rio Grande (at the International Treaty site of the
American Dam where waters are separated into Mexico vs American waters).

Tuesday, May 5, 2009

Italian subsidiaries of ASARCO in the 1990's....(1999 in this example)

http://www.secinfo.com/dsvrt.64R1.8.htm

Enthone-OMI (Italia) S.A.R.L. (Italy) 51.6
Enthone-OMI Holdings (Europe) S.A.S. (France) 100.0
Enthone-OMI (Italia) S.A.R.L. (Italy) 48.4

Monday, May 4, 2009

The ASARCO EL PASO site... it's all about
CLOSURE
but not
DISCLOSURE


Saturday, May 2, 2009

CEO Salaries in comparison with our Environmental-debt in El Paso...

All but one of the CEO's on the AP's list below make enough in one year to pay for the entire clean-up of Asarco waste beneath the old American Canal (IBWC estimated it at around 24 million - might be more, now).

Amazing. 

Where are the CEOs on AP's 2007 top-paid list?
The Associated Press
Richard Adkerson, Freeport-McMoran Copper & Gold Inc. _ 2007 pay: $65.3 million _ 2008 pay: $72.4 million _ Status: Still CEO. The mining company CEO's pay ...
See all stories on this topic

 This once a day Google Alert is brought to you by Google.

Friday, May 1, 2009

Grupo Mexico set to offer new bid for Asarco


Grupo Mexico set to offer new bid for Asarco
American Metal Market - New York,USA
By Anne RileyPublished: Apr 30 2009 5:25PM Grupo Mexico SA de CV has so far been unsuccessful in its attempts to regain control of former subsidiary Asarco ...
See all stories on this topic

 This as-it-happens Google Alert is brought to you by Google.

"Grupo Mexico set to offer new bid for Asarco

Grupo Mexico SA de CV has so far been unsuccessful in its attempts to regain control of former subsidiary Asarco LLC. That's all about to change, according to the Mexico City-based miner.

Grupo Mexico said this week it had reached an agreement with the asbestos creditors in Asarco's bankruptcy case to support subsidiary Americas Mining Corp.'s reorganization plan over Sterlite Industries Ltd.'s $1.7-billion bid.

Sterlite's reorganization plan, which has been called "fair and reasonable" by the federal bankruptcy judge presiding over the case, has yet to gain the support of the asbestos committee, Grupo Mexico said.

Grupo Mexico's long and sometimes contentious relationship with Asarco dates back 10 years. Grupo Mexico acquired Asarco for $1.2 billion in 1999, but lost control over..."

Thursday, April 30, 2009

Swine Flu outbreak in Mexico will shut down many PEMEX operations and possibly Grupo Mexico mines per order by Felipe Calderon...BUT WALMART REMAINS OPEN

http://uk.reuters.com/article/worldNews/idUKTRE53T66N20090430

"Thu Apr 30, 2009 6:38pm BST

(Reuters) - Mexican President Felipe Calderon has ordered non-essential government offices and businesses to shut down for five days from Friday to stem the spread of a deadly swine flu virus.....

* Some operations at state oil company Pemex will continue. The government has yet to specify what parts of the major oil exporter will be affected by the shutdown....

* Walmart's Mexican subsidiary Wal-Mart de Mexico, one of the nation's largest employers and its top retailer, will not close its stores and will operate normally, a spokesman said.....

.....copper giant Grupo Mexico said production continued normally but the companies were examining the government shutdown order, since it takes time to stop big mining operations...."

Grupo Mexico Board

GERMAN LARREA MOTA VELASCO
Chairman & CEO

    AGUSTIN SANTAMARINA V
Secretary of the Board    
    ROLANDO VEGA IÑIGUEZ
Statutary Auditor

    EMILIO CARRILLO GAMBOA
Bufette Carrillo Gamboa    
    GENARO LARREA MOTA VELASCO
Vice Chairman of the Board
Grupo México

    ALFREDO CASAR PEREZ
President
Ferrocarril Mexicano   
 
    ANTONIO MADERO BRACHO
Chairman & CEO
San Luis Corporación

    JUAN GALLARDO THURLOW
Chairman
Embotelladoras Unidas    
    JOSE MENDOZA FERNANDEZ
Formerly Chairman & CEO
Bufette Industrial

    XAVIER GARCIA DE QUEVEDO
President
Minera México    
    ROMULO O´FARRIL Jr.
Chairman & CEO
Novedades de Acapulco

    OSCAR GONZALEZ ROCHA
President
Southern Peru Copper Corp.    
    ARMANDO ORTEGA
Alternate Secretary of the Board
Grupo México

    CLAUDIO X GONZALEZ
Chairman & CEO
Kimberly Clark México
   
    EDUARDO GONZALEZ GOMEZ
Alternate Statutory Auditor

    PRUDENCIO LOPEZ MARTINEZ
Chairman
Sanvica    
    LUIS TELLEZ KUENZLER
Co Director
Carlyle Group


    VALENTIN DIEZ MORODO
Chairman of the Mexican Institute of
Competivenes    
    FERNANDO RUIZ SAHAGUN
Partner
Chávez, Ruíz, Zamarripa y Cía.


http://www.grupomexico.com/Html/bodBody.htm



TCEQ gives highest award to Texas branch of Kimberly Clark (Company that sits on Grupo Mexico Board)

TCEQ gives highest award to Texas branch of Kimberly Clark (Company that sits on Grupo Mexico Board -- Grupo Mexico owns ASARCO El Paso).  An industry finalist included "Waste Management of Texas, Inc., Houston – Large-venue Sporting Facility Recycling".

FOR IMMEDIATE RELEASE                                              CONTACT: LISA WHEELER

THURSDAY, APRIL 30, 2009                                                PHONE: 512-239-5003 / PAGER: 512-606-3681

 

 

TCEQ ANNOUNCES WINNERS OF THE

2009 TEXAS ENVIRONMENTAL EXCELLENCE AWARDS

Awards are highest environmental achievement in state of Texas

 

The Texas Commission on Environmental Quality (TCEQ) today formally announced the winners of the 17th annual Texas Environmental Excellence Awards. The awards were given to 10 innovative projects and people across the state that demonstrate positive effects on air, water, and land resources....

 

"These award winners are shining examples of how everyone—from one individual, to a corporation—can improve and protect our state’s natural resources,” said TCEQ Chairman Buddy Garcia.  

 

"The innovation shown by these winners is truly inspiring, and should encourage all Texans to follow their lead,” said TCEQ Commissioner Larry R. Soward.  

 

2009 Texas Environmental Excellence Award winners:

 

PARIS

Kimberly-Clark Corporation

(Category: Large/Non-technical)

http://www.teea.org/win09_lbnontech_vid.htm

 

Tuesday, April 28, 2009

Asarco's Bankruptcy plan (#4) mentions El Paso .... ONCE

The 205 page plan mentions El Paso ONCE -- about yard clean-up; and, it
qualifies that by saying "In the event that the Plan Administrator is
unable to enter into an agreement with a third party contractor in
respect of such response actions without providing indemnification to
the third
party, the Plan Administrator shall be excused from any and all
obligations with respect to the performance of such response actions."

Asarco 4th amended plan of reorganization (links)



https://www.asarcoreorg.com/

Asarco reorganization decision delayed until May 15


Asarco reorganization decision delayed until May 15
Reuters - USA
The decision, by US Bankruptcy Judge Richard Schmidt of the Southern District of Texas, gives Asarco's parent, Grupo Mexico, time to submit its own plan to ...
See all stories on this topic

'EPA nominees pledge action on enforcement, Superfund

"Cynthia Giles is Vice President and Director of Conservation Law Foundation's Rhode Island Advocacy Center, where she has focused on state and regional advocacy to combat climate change. From 2001 to 2005, Cynthia served as head of the Bureau of Resource Protection at the Massachusetts Department of Environmental Protection. Giles worked for the U.S. Environmental Protection Agency in a variety of capacities from 1991 to 1997. From 1995-1997, she was Enforcement Director for Region 3 and developed a "results-targeted" approach to enforcement, which she has since published in a paper written for OECA. Her responsibilities included overseeing enforcement of federal laws regulating toxics and protecting air, drinking water and surface water. She also chaired a regional ozone compliance initiative, developing strategies for reducing smog-causing emissions from stationary sources. Prior to joining EPA, Giles was an Assistant United States Attorney, where she prosecuted violations of federal environmental laws. She holds a BA from Cornell University, as well as a JD from the University of California at Berkeley and an MPA from the Harvard University Kennedy School of Government. She is admitted to the bar in the State of Rhode Island, U.S. District Court for the District of Rhode Island and State of Pennsylvania."
http://www.boston.com/lifestyle/green/greenblog/2009/03/new_england_environmentalist_n.html

"President Obama nominated Mathy V. Stanislaus, 46, to be EPA's Assistant Administrator for Solid Waste and Emergency Response. Most recently he is the co-founder of the New Partners for Community Revitalization. He also served at Huber Lawrence & Abell as senior environmental associate and at the Environmental Protection Agency as assistant regional counsel for New York Region II Offices. His nomination was announced on March 31, 2009 and was he was formally nominated on April 20, 2009. He has served on the USEPA's National Environmental Justice Advisory Council (NEJAC), Waste and Facility Siting Subcommittee; chaired the NEJAC's Waste Transfer Station Workgroup. In addition to his law degree, Mr. Stanislaus has a degree in Chemical Engineering. Mr. Stanislaus is presently on the Board of the New York City Environmental Justice Alliance, Inc. Mr. Stanislaus was born in Sri Lanka and immigrated to the United States."
http://aaenvironment.blogspot.com/2009/04/mathy-stanislaus-nominated-for-epa.html [note: Huber Lawrence & Abell have represented NEW YORK STATE ELECTRIC AND GAS CORPORATION]

'President Obama has nominated Michelle DePass ... to serve as the Assistant Administrator for International Affairs at the Environmental Protection Agency. Ms. DePass currently manages the Ford Foundation's initiative on Environmental Justice and Healthy Communities. She has taught federal environmental law and policy at the City University of New York, and developed a workforce development training program for disadvantaged youth on Superfund waste sites. She also served as executive director of the New York City Environmental Justice Alliance and co-organized the Northeast Environmental Justice Network....She previously served as the assistant to the city manager of San Jose, Calif., on environmental policy matters and was an Environmental Compliance Manager for the City of San Jose. She was a William Kunstler Racial Justice Fellow at the Center for Constitutional Rights in New York, and later worked as a senior policy adviser to the commissioner of the New Jersey Department of Environmental Protection. (Grist, Wash Post, 3/18/09)" http://aaenvironment.blogspot.com/2009/03/michele-depass-nominated-for-epa.html

Google Alert:
'EPA nominees pledge action on enforcement, Superfund
New York Times - United States
The Obama administration's nominees to head EPA's offices of enforcement and compliance, toxic waste and emergency response, and international affairs faced ..."

Please explain why Uranium values were higher in our region in 1997 - 2000 than in 1990



To: George Brozowski, Bill Luthans

When the EPA came to El Paso in 2001 to test our region for Asarco contamination, UTEP researchers published the following research-paper:

J Air Waste Manag Assoc. 2001 Nov;51(11):1551-60. Analysis of temporal and spatial dichotomous PM air samples in the El Paso-Cd. Juarez air quality basin. by Li WW, Orquiz R, Garcia JH, Espino TT, Pingitore NE, Gardea-Torresdey J, Chow J, Watson JG.
They included several Tables, where they compared the values of chemicals-test-for in 1990 (pre-Asarco Contop-furnace haz-waste burning) vs 1997-2000. The sample sites were downwind of the Asarco smelter.

The 1990 study showed no uranium was found in the samples --- but, seven (plus) years later, UTEP is finding uranium in all sample areas.

Would you send me the data (proof) from Asarco's stack samples (or industrial site) that these chemicals did not originate from the Smelter's illegal activities?

Monday, April 27, 2009

Lawmakers may strip the TCEQ of its EPA responsibilities...

"Bryan W. Shaw’s confirmation as a member of the Texas Commission on Environmental Quality has run into trouble in the Texas Senate. At a press conference this morning, Sens. Eliot Shapleigh, Wendy Davis and Rodney Ellis called for a “top to bottom” review of the agency — in the manner of the DeLoitte Touche analysis of management at the TexasDepartment of Transportation.

Citing examples of ex parte communications, the revolving door between the commission and industry, failure to enforce federal laws and a pattern of decisions in which the commission overrules its own scientists, the three lawmakers claimed unethical — and sometimes illegal — activities at the TCEQ were undermining the agency’s core mission.....

Monday, the three lawmakers also raised the possibility that federal regulators would step in and strip the TCEQ of responsibilities delegated by the EPA. Environmental groups filed a petition requesting that action under the Bush Administration and no action was taken; that could change once the Obama Administration names a new regional EPA director...."

http://www.texasmonthly.com/blogs/burkablog/?p=3624

Activists charge environmental racism, and genocide: H.R. 672

Poor communities combat military pollutants
By Charlene Muhammad
Western Region Correspondent
Updated Apr 21, 2009 - 12:08:30 AM

Activists charge environmental racism, and genocide

File Photo: Children play on a merry-go-round near an oil refinery at the Carver Terrace housing project playground in west Port Arthur, Texas May 15, 2007. Port Arthur sits squarely on a two-state corridor routinely ranked as one of the country's most polluted regions. Texas and Louisiana are home to five oil refineries considered among the nation's 10 worst offenders in releasing toxic air pollutants, emitting 8.5 million pounds of toxins together. AP Photo/LM Otero`The government will not address the health affects in communities like ours, whether it's Black, Native American, Asian, if you live around a federal site, they're not going to address any health issues but I will say the government is equal opportunity. They pollute the hell out of everybody.'
—Doris Bradshaw
(FinalCall.com) - Doris Bradshaw knows devastation. Her father passed away from cancer in late March. Her grandmother passed away after just six months of being diagnosed with an aggressive, rare form of bladder cancer in 1995 and when her grandfather died of the cancer a year later, she recalled a letter sent by a nearby military distribution site the year before, which said various chemicals may have seeped offsite into the drainage ditches in their community.

She began researching the USA Defense Depot Memphis (DDMT) and her Memphis, Tenn. neighborhood and said she found that in every household there was a history of cancer. In some, at least three to four people had the disease, but the problem was worse than that.

"Our rate here is between 75 percent mortality and morbidity. My next-door neighbor's daughter was 13 and had uterine cancer. We had a young man here with testicular cancer at 17. Most women at 25 have hysterectomies and if they don't go and have their children early in our community, normally they can't have kids because they are always affected by some type of reproductive illness," Ms. Bradshaw told The Final Call.

The 54-year-old had cancer cells in her uterus at 30 years old; a baseball-sized tumor at 28 and now she has an unidentifiable lung disease and suffers with diabetes, high blood pressure and thyroid disease, all which she attributes to exposure to hazardous waste from the DDMT. Stomach, colon and cervical cancer are reported as the highest types there, Ms. Bradshaw said, but that's only because "prostate cancer rates are so high, they don't even report it."

The DDMT is made up of 642 acres in a residential, commercial and industrial area of south central Memphis. Since 1942 it has distributed clothing, food, medical supplies, electronic equipment, petroleum products, and industrial chemicals to all U.S. military services.

It also conducted numerous operations utilizing hazardous substances with contamination resulting from leakage, spillage, disposal of out-of-date materials, and normal application of pesticides, according to the Defense Dept. (DOD) website description of the center.

In 1946, the Army disposed of leaking mustard bombs (a chemical warfare agent) and other waste at Dunn Field, a 60-acre open storage and burial area at the DDMT. The waste included oil, grease, paint thinners, methyl bromide, pesticides and cleaning fluids (chlorinated solvents). Approximately 154,300 people rely on drinking water from public supply wells within four miles of Dunn Field.

Ms. Bradshaw created Defense Depot Memphis Tennessee Concerned Citizens to document their ordeal, provide support, and advocate for accountability and health care for people who now are sick, can't work and are on disability.

"When you get 50 you're considered a senior citizen now because most of our seniors are dead. There's only one person on my street within a block that is 80 years old. There aren't too many 60 year olds and most of us are in our 50s over here. It's not that people don't know what's going on. They do, but environmental racism kicks in," Ms. Bradshaw said.

The group joined a coalition of communities and organizations around the U.S. to help push legislation that would require the government to clean up the sites and comply with health and environmental protection laws.

Congressman Bob Filner (D-CA) introduced the "Military Environmental Responsibility Act" (H.R. 672) on August 3, 2007 to eliminate military waivers to key environmental laws like the Clean Air Act and the Nuclear Waste Policy Act.

In a March 24 letter to the White House, the coalition said it wants to expose hidden casualties at home that are caused by unregulated military projects that have increased the risks for cancer and exposure to military toxins

"We are united in seeking to protect those most vulnerable from these harmful exposures especially the unborn, babies, youth, elders, disenfranchised communities of race, Indigenous Tribal Nations and peoples, economically disadvantaged communities, military personnel, civilian workers, military garment workers, and families living in the vicinity of military operations and installations throughout the nation," the letter expressed.

Specifically, H.R. 672 would amend the United States Code to require the Department of Defense and all other defense-related U.S. agencies to comply with Federal and State environmental laws, including those applicable to public health, worker safety, protecting the environment, and the health and safety of the public, particularly children, members of the Armed Forces, civilian workers and people who live in the vicinity of military operations and installations.

Chris Isleib, DoD spokesperson, told The Final Call that the department takes environmental issues very seriously and works with both governmental and non-governmental agencies to ensure maximum protection, remediation and meet EPA requirements.

"No entity in the world, government or private sector, has spent more money—or more effort—than the Defense Department has on environmental cleanup, cleanup research, cleanup assessment, technology to conduct cleanup, cleanup operations, cleanup follow-up monitoring," Mr. Isleib countered.

The DoD's current estimate of future costs for environmental restitution is approximately $32 billion for sites with remaining work at active installations and it has some 11,500 sites either in cleanup or tagged for clean up.

Of the DoD's 31,500 clean up sites, about 20,500 of them have reached their remedial action objectives, Mr. Isleib said.

Laura Olah, executive director, Citizens for Safe Water Around Badger, who is leading the coalition, said she became involved when the Army announced that groundwater contamination had traveled three miles offsite and within a quarter mile of a municipal well in Prairie du Sac, Michigan. Then, the drinking water supplies of three private homes became contaminated with high levels of the cancer-causing chemical carbon tetrachloride.

Contaminant concentrations in the ground water are more than 50 times the Health Advisory Levels established by the Wisconsin Division of Public Health.

"The government will not address the health affects in communities like ours, whether it's Black, Native American, Asian; if you live around a federal site, they're not going to address any health issues but I will say the government is equal opportunity. They pollute the hell out of everybody. They find poor White communities and do the same thing to them also, anybody who's not able to fight them," Ms. Bradshaw said.

Gilbert Sanchez of the Tribal Environmental Watch Alliance, has worked on nuclear environmental issues for decades—ever since the Los Alamos National Laboratory (LANL), where the atomic bomb was first tested and implemented, was built on his tribe's ancestral land.

He is a member of the 19 Pueblos, which is a sub-group of the San Ildefonso Tribe and from LANL's inception in 1945, there has been no regulation of the waste products used by the lab. Today, there are uncontrollable chemical and biological wastes violating his people's food chain and like residents near the DDMT, they are experiencing high rates of rare cancers.

"My concern has always been the health impact from all of the activities of the past. Not only my relatives but people, young people in the valley, are dying from very young ages of cancer because they or their parents worked up on the hill," he said.

He has spent years fighting for a baseline study of the current health impacts that the uranium and plutonium used to make the bomb has had on his people. "The Euro-American or Anglo-American scientists knew very well that the dust particles from this uranium and plutonium was going to be dangerous and impact the respiratory system," Mr. Sanchez said.

In order to cover that up, he charged, the lab freely gave its workers tobacco products—a carton of cigarettes per day, but they couldn't take the cigarettes out of the mines, refinement factories or plutonium areas.

Now, Mr. Sanchez said, the tribe's condition is very much like a third world country with very low living standards, a sub par health care system, and they are often used as guinea pigs.

"This is part of the Euro-American genocidal movement. It's a part of that orchestrated genocidal commission that's continually going on. It started at the time of discovery and continues today," he said. He believes that President Barack Obama is sincere about his commitment to abolish the nuclear weapons industry, and he hopes that Pres. Obama can open the books and secrecy cloaked around U.S. military research centers and laboratories.

"We have no need to have massive weapons of destruction that are going to totally annihilate portions of this earth or completely the earth itself. Conventional weaponry and the use of current nuclear weapons is beyond any human's right mind," Mr. Sanchez said.

FCN is a distributor (and not a publisher) of content supplied by third parties. Original content supplied by FCN and FinalCall.com News is Copyright 2009 FCN Publishing, FinalCall.com. Content supplied by third parties are the property of their respective owners.

Sunday, April 26, 2009

South New Jersey & WA sites get stimulus monies.... but El Paso? What about El Paso??


Stimulus steps in to mop up Superfund mess
Seattle Times - Seattle,WA,USA
Up to $10 million will be spent to remove contaminated soils from residential backyards and park areas within a mile of the former Asarco smelter along ...

"President Obama wants to restore the tax and assumes it will provide $1 billion in revenues for his 2011 budget.

Until then, financing for work at the nation's nearly 1,600 Superfund sites will come from taxpayers in the form of EPA appropriations or stimulus money. The nearly $600 million in stimulus money virtually doubles the amount available for Superfund work in the current fiscal year, officials said."

Saturday, April 25, 2009

Pressure mounts on Grupo Mexico owners

"Judge: Sterlite can buy Valley-based Asarco
...Associated Press

...U.S. Bankruptcy Judge Richard Schmidt approved the request Wednesday from Asarco's court-approved board to sign a sale contract with Sterlite Industries Ltd.

That will spur competition with Grupo Mexico SAB of Mexico City, which owned Asarco but lost control after Asarco filed for Chapter 11 reorganization in 2005.

Grupo Mexico has said it would pay $1.3 billion to reassume control - a move Asarco officials oppose. Sterlite offered $2.6 billion last year but withdrew the bid when copper prices plunged. Asarco is able to accept a higher offer until its reorganization plan receives final approval.""


http://www.azcentral.com/news/articles/2009/04/24/20090424asarco0424.html

Wednesday, April 22, 2009

2007 CMA CGM launches first Chinese port venture; is also interested in Mexico Punta Colonet seaport

" Monday, November 26, 2007  CMA CGM in first Chinese port venture
[http://cargobusinessnews.com/archive/week_of_112607.html]

A “STATEGIC cooperation agreement for the development of the port of Haicang at Xiamen” was signed Nov 26 by CMA CGM Group, the municipality of Xiamen (Fujian province), and New World Services Holding Ltd. (NWS), according to a company announcement.

 This will be CMA CGM’s first port investment project in China. The French group has shares in 16 port terminals around the world.

 According to the agreement, CMA CGM and its partners will invest in the construction and management of a deep water container terminal.

 The container port is planned to be operational in 2009.

 CMA CGM is the third largest container shipping group for international traffic in China, with 280,000 TEUs planned for 2007, according to the announcement.

 New World is a “well-established Hong Kong–based group with a rich experience of investments in transport infrastructure projects in China, especially in ports (Xiamen, Tianjin, Dalian, and Wenzhou).”

 The ceremony, at the Great Hall of the People in Beijing, was attended by French President Nicolas Sarkozy and Chinese President Hu Jintao."

Company interested in Punta Colonet is profiled by Greenpeace, scrapping their ships in Asia

"Greenpeace has selected 50 ships which might be scrapped soon. We have asked the owners of these ships to declare that their ships will be decontaminated before scrapping at Asian countries. Until that time Greenpeace will follow and monitor these (and other) ships.

Fort Royal (renamed CMA CGM Arno)

Name:      Fort Royal (renamed CMA CGM Arno)
Type, year of  build, size,  flag:      Container ship, 1979, 30,998 DWT, Panama flag (since 14-07-2003)
Shipping  company:      CMA-CGM in France Jackson Navigation in Taiwan
Comments:      CMA/CGM is number one in France in containerised liner shipping industry and eigth worldwide. The company operates 90 ships, a quarter of which are company owned.

Fort Royal capacity: number of 20 foot equivalent unit containers is 1512. The vessel was built at Dunkirk, France.

Scrap record:

    * The container Chicago Express was sold to Indian breakers for US$2.64M in 2001."
http://www.greenpeaceweb.org/shipbreak/50-ships.asp?id=31

ICA expects Punta Colonet tender to be launched in 2010 - Mexico -- Contracts to be awarded August 31 2009

"ICA expects Punta Colonet tender to be launched in 2010 - Mexico Monday, March 9, 2009

Mexico's largest construction firm, ICA (BMV, NYSE: ICA), does not expect the 50bn-peso (US$3.26bn) Punta Colonet port project, in Baja California state, to be tendered before 2010, the firm's VP of administration and finance, Alonso Quintana, told BNamericas.

"Punta Colonet has been delayed considerably, as it is a very, very large project involving building railroads to adequately handle containers and have them sent to the US," Quintana said. "We do not expect to see any bidding rules or documents published before next year."....

On January 27 this year, the transport and communications ministry (SCT) invited firms interested in the project to register by May 15.

The announcement followed a statement made on January 14 that the tender would be postponed indefinitely due to the global economic crisis, the second time the project had been delayed.

According to SCT's new schedule, the concession will be awarded on August 31 this year.....

Several companies from the US, Europe and Asia have expressed interest in the project.Companies include multinational port operator Hutchison Port Holdings and French container shipping company CMA-CGM. Construction will take 4-5 years.

Renzo Dasso
Business News Americas"
http://www.bnamericas.com/content_print.jsp?id=470543&idioma=I&sector=&type=NEWS

January 2009,,Punta Colonet Port Project Put on Hold

"Puerto Vallarta News NetworkBusiness News | January 2009
http://banderasnews.com/0901/nz-puntacolonet.htm

Punta Colonet Port Project Put on Hold
Frontera NorteSur
Punta Colonet could to be transformed over the next decade into a megaport that will help to handle the increasing amount of cargo coming from eastern Asia. (Charlie Neuman/Union-Tribune
Like Punta Colonet, the Manzanillo expansion to the south has also drawn fire from environmentalists.

A massive port planned for Mexico's Baja California peninsula could be among the latest casualties of the world financial crisis. Luis Tellez, Mexico's head of the Secretariat of Communications and Transportation (SCT), announced last week that authorities decided to postpone contract bidding for the construction of the Punta Colonet terminal slated for a remote section of the Baja California peninsula about 150 miles south of San Diego, California. Tellez said the global economic outlook didn't favor Punta Colonet at the moment.

"There is clearly competition for extensive resources," Tellez said, "and given the magnitude of Colonet we are seeing if there is the capacity to finance it."

The postponement was the second time in recent months that the SCT has put off issuing contracts to build and maintain a commercial trade and shipping complex that is envisioned to be larger than the ports of Los Angeles and Long Beach combined. Originally slated for completion on the Pacific side of Baja California in 2020, Punta Colonet was planned as the northern Mexican shipping hub of the China trade capable of handling 6 million containers every year.

Tellez did give an exact date for the opening of bids, but he insisted the project would move forward at a later date. Mexican officials, Tellez added, were working with Citibank and a second US bank to study financing options for a construction project that could cost more than $1.5 billion.

But earlier developments like the announced expansion of the Panama Canal is leading to speculation that Punta Colonet is dead even before it hits the water.
Fernando Ramos Casas, president of the Latin American Confederation of Customs Brokers judged Punta Colonet as an unviable proposition under present circumstances. "(Punta Colonet) would have been better three or four years ago, Ramos said.

An unscientific, online poll conducted by the Tijuana news daily Frontera reported January 19 that 60.5 percent of 967 respondents believed a port at Punta Colonet would happen, while 39.5 percent did not think it would see the light of day.

It's not yet clear how the Punta Colonet postponement will affect the Santa Teresa train and transportation terminal planned for the New Mexico-Chihuahua border. Last year, the SCT declared that Santa Teresa would constitute an important hub for cargo headed to consumers in the US heartland from Punta Colonet.

Not everyone is disappointed that Punta Colonet is off the map – at least for now. Green activists have long criticized a mega-project they contend would attract thousands of new residents and generate an intense demand for services in a place Mexican environmentalist and columnist Ivan Restrepo once called a "national treasure" and a "flower of the earth." Restrepo and other environmentalists fear a mammoth port at Punta Colonet would seriously disrupt migratory bird habitats, disturb grey whale migrations and damage vegetation and landscapes unique to the fragile Baja California ecosystem.

"This is very good news for those who care about conservation in Baja California," said a message posted on the website of the binational green group Wild Coast in response to Tellez's announcement.

Despite a predicted 20-30 percent drop in the volume of cargo traffic through Mexican ports this year, the SCT is moving ahead with contract bidding for improvements and expansions in other ports that could reach close to US$2 billion. Nationwide, investment in Mexico's port infrastructure increased 15.8 percent during the first two years of the administration of Mexican President Felipe Calderon.

Meanwhile, with the fate of Punta Colonet up in the air, SCT Secretary Tellez's role in pushing the ongoing expansion of the large port of Manzanillo on the Pacific Coast is receiving renewed press scrutiny. The Mexican cabinet minister served as an advisor to the private SSA Mexico cargo company, one of the firms interested in expanding Manzanillo, from 2002-2006, just prior to joining the Calderon administration.

Tellez, who resigned from SSA Mexico before beginning federal service, has defended himself from conflict-of-interest charges. "The participation of SSA in the bidding does not depend on the SCT," Tellez was previously quoted as saying. "The authorization depends on the Federal Competition Commission."

Like Punta Colonet, the Manzanillo expansion to the south has drawn fire from environmentalists. Construction activities in Manzanillo have caused major damages to a 260-acre mangrove swamp, prompting some environmentalists to charge that Mexico is in violation of the 1971 International Convention on Wetlands and the Inter-American Convention on the Protection and Conservation of Sea Turtles, an agreement Mexico formally accepted in 2000.

Environmentalists are likewise concerned that two bills currently in the Mexican Senate and Chamber of Deputies would make the destruction witnessed at the Manzanillo mangrove swamp, which Secretary Tellez pledges to repair, the norm rather than the exception.

Sponsored by representatives of the Institutional Revolutionary Party, the legislative initiatives propose weakening environmental impact study requirements meant to protect mangroves if social and economic benefits from a particular development could be demonstrated.

Besides serving as bird habitat and breeding grounds for aquatic life, mangroves are important barriers against hurricanes, which many climate change researchers warn could grow worsen in coming years.

Additional sources: Frontera, January 19, 2009. Proceso, January 18, 2009. Article by Jenaro Vilamil. Milenio, January 16, 2009. Articles by Marisela Lopez and Luis Carriles. Agencia Reforma, January 14, 2009. Articles by Lilian Cruz. La Jornada, March 4 and 31, 2008; January 19, 2009. Articles by the Economist Intelligence Unit, Ivan Restrepo and editorial staff. Wildcoast.net

Frontera NorteSur (FNS)
Center for Latin American and Border Studies
New Mexico State University
Las Cruces, New Mexico

In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes • m3 © 2009 BanderasNews ® all rights reserved • carpe aestus"

==========================
"Five billion dollars is about to transform a sleepy seaside town on Mexico’s Baja California into one of the world’s busiest shipping centers, providing once-in-a-lifetime business opportunities for U.S. and international investors.

In just 3-5 years, Megapuerto De Punta Colonet, or the megaport of Punta Colonet, will handle six million containers (TEUs) a year – twice the total number handled in all of Mexico in 2007. Volume is expected to triple within 15 years. Most of the freight will arrive from Asia, destined for the United States......

Punta Colonet, 150 miles south of San Diego, will be the terminus of a vital new rail connection to U.S. freight transfer cities, possibly including Yuma, Arizona or El Paso, Texas. The new route will allow trains to avoid congested tracks in Southern California.

The bold project, championed by Mexico president Felipe Calderon, is urgently needed to relieve chronic freight bottlenecks at the United States’ largest ports, Long Beach and Los Angeles. ....

Facility construction costs will be borne by the private companies ......

Port construction bids are expected from, among others, Empresas ICA SAB, the country's largest construction company, billionaire Carlos Slim's Impulsora del Desarrollo y el Empleo en America Latina SAB, and the building unit of Grupo Mexico SAB. The winning bidder for a 45-year concession to operate the port and rail line is to be announced in December 2009."
http://www.affordablewebhosting.com/puntacolonet.htm

==========================

Pressure continues to build to privatize PEMEX and natural gas resources and/or operations in Mexico

Google Alert - PEMEX
Around the world: Output down again for Pemex | Business | Chron ...
Mexico’s oil production has been falling as reserves are drying up, and Pemex has been slow to explore promising deep-water deposits. ...


Glencore may enter bidding war for Asarco

Well well well....

Arizona Geology: Glencore may enter bidding war for Asarco
By Lee Allison
A one-sentence story from the Wall Street Journal says Glencore International is very interested in buying bankrupt Tucson-based Asarco. Glencore is one of the largest privately owned companies in Europe with worldwide commodity ...
Arizona Geology - http://arizonageology.blogspot.com/
===========
"Shares of steel producer Grupo Simec topped percentage gainers with a rise of 3.9% and shares of Grupo Mexico rose 3.6%. Dow Jones Newswires reported late Monday that Swiss miner Glencore International is interested in buying Grupo Mexico's Asarco unit, which is working its way through bankruptcy court in Texas.

The peso was up 0.2%, gaining ground against the U.S. dollar in the wake of the central bank's auction of up to $4 billion in dollar credits by way of a $30 billion swap line the bank has with the U.S. Federal Reserve."

http://money.cnn.com/news/newsfeeds/articles/djf500/200904211601DOWJONESDJONLINE000588_FORTUNE5.htm
===========
"Año X - Madrid, martes 21 de abril de 2009
Glencore planta cara a Grupo México por el control de Asarco

Glencore se ha convertido en el último obstáculo para que Grupo México recupere el control de su filial estadounidense Asarco. La firma suiza ha reconocido que sigue muy interesada en la compañía, una asemana después de que la minera azteca presentase una oferta para impedir que su filial llegase a un acuerdo con la india Sterlite. Aunque este "culebrón empresarial" se decidira finalmente en los juzgados, todo parece indicar que será la cifra más elevada la que decida el futuro de la compañía.

Grupo Mexico aseguraba la pasada semana que ofrecería 1.300 millones en efectivo por recuperar a su filial, una cifra superior a los 1.100 millones de dólares ofrecidos por la india Sterlite. Aunque los representantes legales de Glencore no han querido hablar de la cifra que están dispuestos a ofrecer, el regreso de la compañía a la puja podría hacer que sus competidores vuelvan a subir sus primeras ofertas.

Según fuentes consultadas por la agencia Dow Jones, Sterlite estudia ya aumentar su oferta. En principio, la empresa contaría con el apoyo de los sindicatos de Asarco, autoridades y el consejo de administración. Pero, y aunque la oferta de Grupo México es menor, los acreedores también tendrán muy en cuenta el factor “psicológico” de terminar rápidamente con este juicio que dura ya más de tres años y medio.

Algunos analistas, como los de BBVA Bancomer, ya han emitido diversos informes en los que aconsejan a la compañía aceptar la oferta de Grupo México, que sin duda necesita, ahora más que nunca, recuperar el control de su filial.

Después de la caída que los precios del cobre experimentaron a finales del pasado año, en 2009 han conseguido rebotar un 51%, gracias a las esperanzas de un aumento en la demanda china. Con este panorama, Grupo México no puede permitirse perder los activos de Asarco."

http://www.americaeconomica.com/portada/noticias/210409/clglencoregrupomexico.html

Police: Death of Freddie Mac CFO may be suicide

" * Story Highlights
* NEW: Police were called by someone inside home, police spokesman says
* NEW: Neighbors describe Kellermann and wife as friendly, happy,
"terrific people"
* Freddie Mac CFO died by hanging, according to source familiar with
the case
* No signs of foul play at home where David Kellermann found dead,
police say


VIENNA, Virginia (CNN) -- The acting chief financial officer of mortgage
finance giant Freddie Mac was found dead Wednesday morning at his home,
police said."
http://edition.cnn.com/2009/US/04/22/kellermann.death.freddiemac/?imw=Y&iref=mpstoryemail

Monday, April 20, 2009

Google Alert -


$50.4 Billion In Infrastructure Projects Announced
Water Online (press release) - Horsham,PA,USA
The 500+ executives participating in the Forum include executives from leading oil & gas firms, including Pemex and Petrobras, along with global ...
See all stories on this topic

DOE's Oak Ridge Mixed Toxic-waste Incinerator began burning waste the same year ASARCO worked to install the ConTop furnaces (for secret toxic burning) in El Paso Texas

"OAK RIDGE, Tenn. (WVLT) -- The Department of Energy is pulling the plug on Oak Ridge's controversial toxic waste incinerator. The DOE says it'll stop receiving waste by the end of April.

Crews are scheduled to begin demolishing the facility in five years.The incinerator has burned concerns about emissions for years.

"It's basically done it's job," DOE spokesman Walter Perry said.

That job's been burning more than 33 million pounds of waste since 1991."

"The incinerator fueled controversy and environmental concerns. Dozens of Oak Ridge workers became sick in the late-nineties."

[see http://www.downwinders.org/michel.htm]

http://www.volunteertv.com/home/headlines/43321617.html

[Strange Coincidences:  the ASARCO El PASO smelter bankruptcy is winding up this April - and they have refused to talk about the formerly-secret-toxic-waste.  The smelter burned secret stuff from military origins, too.  Asarco El Paso workers started getting ill in the late 1990's from things they'd never seen before.  Five years after it was closed in 2/99, the company began making noises about re-opening the smelter (2004).   The Beta Radiation levels in El Paso the winter of 1998 were the highest in the nation.  The EPA Region 6 claimed that this was harmless background radiation]

Friday, April 17, 2009

Freeport makes NM settlement Chino Mine spill


Freeport pays state $276000 settlement New Mexico Business Weekly
Bizjournals.com - Charlotte,NC,USA
The New Mexico Environment Department has reached a $276000 settlement with Freeport-McMoRan Chino Mines Co. The settlement is for a spill of acidic mine ...
See all stories on this topic
Settlement reached in Silver City acid spill
KDBC - el paso,TX,USA
AP - April 17, 2009 3:05 PM ET SILVER CITY, NM (AP) - The state Environment Department has reached a $276000 settlement with Freeport-McMoRan Chino Mines ...
See all stories on this topic

Commodities Market : Vedanta group suffered a major jolt on Tuesday

Google Blogs Alert for: asarco
Commodity Online Official Blog: Asarco deal: Sterlite gets a Grupo ...
By Binu Alex
India’s Vedanta group suffered a major jolt on Tuesday when the mining giant Grupo Mexico outbid Vedanta’s Sterlite Industries in the acquisition effort for bankrupt copper mining firm Asarco.....

Thursday, April 16, 2009

[Fwd: Google Alert - Freeport McMoran]


Copper Prices Climb as Falling Inventories Signal Rising Demand
Bloomberg - USA
Cuggino recommends investors buy shares of Freeport-McMoRan Copper & Gold Inc., the world’s largest publicly traded copper producer, as a way to take ...
See all stories on this topic
Freeport sues workers for refusing to accept layoffs
Jakarta Post - Jakarta,Indonesia
PT Freeport Indonesia, a local unit of US giant gold and copper producer Freeport-McMoRan Copper & Gold Inc, has filed lawsuits against five workers who ...
See all stories on this topic

Tuesday, April 14, 2009

Direction of World Economy is favoring Freeport McMoran and other Copper Producers


Google News Alert for: Freeport McMoran
Is Deflation Still a Problem?
Zacks.com - Chicago,IL,USA
Not only is that good news for copper firms like Freeport McMoran (FCX) and Southern Copper (PCU), but it is good news for the world economy. ...
See all stories on this topic

Friday, April 10, 2009

Carlyle Group


How come ASARCO will only pay pennies on its debt and come out looking
squeaky-clean --- while parent company's Ferromex (partnered with UP railroad) and CSX railroad want
to take over a huge amount of the continental-shipping, and route
non-union-managed freight right through the Asarco contamination at Santa Teresa NM?? And why didn't anyone tell us about this? Carlyle Group owns 20% of Grupo Mexico, all of CSX, and the lead-person at USA Carlyle Realty group used to be in charge of a Sanders company. That is an impressive string of coincidences.

Why didn't anyone tell us about this, or that the local highway authority had planned to put an elevated toll-road right through the worst of the ASARCO contamination--- by building it right on top of Paisano right next to the smelter stack (and on top of our water-supply?). The MPO has approved those funds. Said that they'd hold ASARCO's "feet to the fire".

[pub. under Fair use]


Thursday, April 9, 2009

DOJ's new OPR Ms. Brown

"Previous to her work at the Department, Brown was a litigation associate at the Washington, D.C. office of Dickstein, Shapiro & Morin (now Dickstein Shapiro) from 1984 to 1989."  see:
http://news.yahoo.com/s/usnw/20090408/pl_usnw/attorney_general_eric_holder_names_new_leadership_for_atf__executive_office_for_u_s__attorneys__and_office_of_professional_resp

Her old law firm  is connected to John B. Breaux through the CSX railroad (he is a director since 2005), and (now retired) Senator Breaux shows a relationship to Asarco-- through the lobby firm of Patton Boggs LLP  (Breaux was a special advisor)

[Carlyle Group. Recall that in 2002, it purchased the International CSX Lines Division for $300 million, see http://www.utulocal1548.org/UP_s_Intentions.doc]

 

S&P warns liquidity problems ahead for Grupo Mexico


Mineweb - BASE METALS - S&P warns of liquidity problems for Grupo ...
A multi-billion court decision finding Grupo Mexico and its subsidiaries culpable in the fraudulent transfer of millions of shares which helped send Asarco into bankruptcy could hurt the companies' financial future. ...
Mineweb - Daily news headlines - http://www.mineweb.com/


Wednesday, April 8, 2009

The GNEB 12'th report skips the ASARCO disaster

  www.epa.gov/ocempage/gneb/gneb12threport/English-GNEB-12th-Report.pdf

- not very neighborly of the committee (many whom are from this region) to entirely skip mention of the Asarco smelter whose groundwater plume has now reached the Rio Grande and our international Hueco Bolson.

Is this the type of scientific reporting our new Administration deserves?  I don't think so.   The new administration deserves better than this.

GNEB 11th report has no mention of the ASARCO El Paso disaster

Neither the secret haz-waste remaining here or the collapse of ASARCO's
rubber lake into our drinking water during 9/06 was mentioned.

Is this report "being a good neighbor" to the Paso del Norte citizens?

Grupo Mexico's Ferromex (bidding on 45 yr freight contract through Santa Teresa), CSX, BNSF, and CARLYLE group

http://www.utulocal1548.org/UP_s_Intentions.doc
"To stay informed go to WWW.UTU.ORG

JUST WHAT ARE UP'S INTENTIONS?

(The following opinion article explores the political connections of Union Pacific Railroad and speculates on intentions of Union Pacific to acquire rail routes in Mexico as a prelude to merging with either CSX or Norfolk Southern as well as Canadian Pacific. The article was published Jan. 8 in a transportation law journal.)

Is Union Pacific (UP) in the hunt for Mexico’s largest and most prized railroad -- Kansas City Southern de Mexico (KCSM) --– now leased by Kansas City Southern Railway (KCS)?

What UP possesses to make this a reality -- and which BNSF Railway, also in the hunt, may not possess -- are the political connections in Mexico.

For sure, BNSF has the cash to make an unsolicited bid for stock control of KCS; but BNSF may not have enough political muscle to obtain Mexican government approval for control of KCSM.

It is said that with the right political connections in Mexico, one might achieve most anything. And while UP may be short of cash, it is rich with political connections.

Indeed, all it might take for UP to snatch control of KCSM is an unsolicited bid for KCS by a cash-rich private equity firm friendly to UP -- such as the Carlyle Group; followed by a break-up of KCS, with KCSM being transferred to UP with the help of politicos in Mexico.

So important are those political connections south of the border that even were BNSF to make an unsolicited bid for KCS, the KCSM routes could still be transferred to UP.

You see, it’s highly unlikely the U.S. Justice Department, Federal Trade Commission or even Surface Transportation Board could assert any jurisdiction over UP’s acquisition of a purely Mexican based railroad -- assuming those agencies, given UP’s superior political connections north of the border, would even blink an eye.

KCSM –-- whose 50-year concession KCS acquired from Mexican conglomerate Grupo TMM – is Mexico’s most coveted railroad, running from Mexico City to Laredo and serving vital Mexican ports, including the booming West Coast port of Lazaro Cardenas. 

UP’s acquisition of KCSM is the sort of transaction over which 19th century rail barons Jay Gould and Cornelius Vanderbilt would have salivated.

With U.S. West Coast ports nearing capacity, and Lazaro Cardenas, on Mexico’s west coast, poised to become a major North American  inbound container port, control by UP of KCSM would give UP domination over Asia-Pacific land-bridge traffic destined to teeming Mexico City, Atlanta, Chicago, Dallas, Houston and Kansas City; and set the stage for a merger between UP and either CSX or Norfolk Southern, creating the first Atlantic-to-Pacific transcontinental railroad.

Likely to follow would be a BNSF merger with the remaining East Coast railroad, creating a transcontinental rail duopoly in the United States.

A WHO’S WHO OF POLITICAL CONNECTIONS

And before you predict a transcontinental rail marriage would not gain regulatory approval, recognize that the U.S. Surface Transportation Board is the sole arbiter of domestic rail mergers, and the STB and its predecessor Interstate Commerce Commission have been facilitators of numerous other major rail mergers, including the 1996 UP-Southern Pacific merger that was strongly opposed by the Justice Department and other federal agencies.

For UP, the grab of KCSM would be equivalent to a month of Sundays.

Is this merely pie in the sky? Well, let’s look at the players -- all UP friends, who comprise a tangled web of well-connected rain makers and politicos.

Begin with UP and its Washington, D.C. law firm, Covington & Burling.

Add to the mix the Carlyle Group, a privately held $19 billion international investment firm with close ties to Bush presidents 41 (a former Carlyle adviser) and 43, as reported by Britain’s Guardian newspaper and U.S. investigative reporter Jerome Corsi.

Stir in other political allies of the Bush family, as well as Mexican politicos, and the tangled web takes on the look of carefully connected dots.

Recall that Covington & Burling, in September 2003, hired Linda Morgan, former chairman of the Surface Transportation Board, who supported UP’s 1996 merger with Southern Pacific, and who indicated to the Washington Post in 1997 that she favored a railroad duopoly in the U.S.

Morgan went to Covington & Burling after Covington partner Mike Hemmer, who headed Covington’s transportation practices group, departed in 2002 to become UP’s chief legal officer.

Morgan also sits on Canadian Pacific’s board of directors, suggesting rather than a U.S. transcontinental rail dupoly, a North American transcontinental rail duopoly is on the horizon.

Focus now on the Carlyle Group. Recall that in 2002, it purchased the International CSX Lines Division for $300 million, then unsuccessfully sought -- in a plan backed by the Bush administration -- to sell its port-terminal operations to a Middle East government-owned entity for some $1.2 billion.

Among the Carlyle Group’s U.S. principals are Richard Darman, the first president Bush’s budget director, and Jim Baker, the first president Bush’s secretary of state and a partner in the Baker Botts law firm that has a long-history of acquisition projects in Mexico.

In November 2006, UP created a new board seat for Thomas "Mack" McLarty, president of Kissenger McLarty & Associates (we’ll get to them) and a senior adviser to the Carlyle Group. Previously, McLarty was President Clinton’s chief of staff and later Clinton’s special envoy to Latin America

And just four months before McLarty  went to the UP board, Andy Card, with ties to Carlyle Group principals, was elected to the UP board. Card was the first president Bush’s transportation secretary -- a job he acquired with assistance from former UP chairman Drew Lewis, also a former transportation secretary -- and was the second President Bush’s first chief-of-staff.

Also, let’s not forget that Vice President Dick Cheney is a former UP board member.

Moreover, the Carlyle Group is no stranger to KCSM. In 2003, the Carlyle Group itself unsuccessfully sought to acquire a 51 percent interest in KCSM (then known as TFM). KCS won the bidding war. In fact, Carlyle even inspected the lines of KCSM as part of what was termed, "due diligence."

There’s more.

THE MEXICAN POLITICOS

Back in October 2003 --  just weeks after Morgan went from the STB to Covington & Burling --  Kissinger McLarty & Associates entered a global strategic alliance with Covington & Burling. The Kissinger is Henry, the former Nixon administration globe-trotting secretary of state.

This was about the time that Kissinger McLarty & Associates -- specifically, Mack McLarty -- was advising BNSF on strategic transportation issues in Mexico. Apparently, McLarty jumped ship to UP, leaving, according to a source, BNSF Chairman Matt Rose in a snit.

Now comes the Nov. 21 appointment of Luis Tellez, former head of the Carlyle Group’s Mexico operation, as Mexico’s secretary of transportation, with regulatory oversight of Mexican rail operations. Tellez is a former chief of staff to Mexican President (1994-2000) Ernesto Zedillo, who previously served on UP’s board of directors.

As for Tellez, he previously was on the board of directors of Grupo Mexico, which controls a smaller Mexican railroad, FerroMex, that just happens to be 27 percent owned by UP. Interestingly, Tellez joined the Carlyle Group in Mexico as an adviser just prior to Carlyle’s unsuccessful 2003 attempt to acquire control of KCSM.

KCSM AND LAZARO CARDENAS

Here is why KCSM is so coveted a prize:

*  KCSM controls all tracks into and out of the Port of Lazaro Cardenas.

*  The Port Lazaro Cardenas is blessed with a deepwater channel sufficient to handle the largest of container ships;

*  KCSM already has acquired land adjacent to the port under a zero-price, long-term agreement;

*  Port operator Hutchinson Wampoa is investing in a 10-fold port-capacity expansion;

*  Wal-Mart, whose second biggest market is Mexico, has it’s eyes on Lazara Cardenas as a crucial North American port of entry.

*  Analysts at UBS project KCSM revenue from Lazaro Cardenas rail traffic will soar from some $30 million in 2007 to almost $100 million by 2015, and $255 million by 2025;

*  In terms of lifts, UBS projects an almost two-million 20-foot equivalent container throughput by 2025, compared with some nine million currently at Long Beach/Los Angeles, 1.8 million at Seattle, and some 1.5 million at Oakland. The U.S. West Coast ports, meanwhile, already are operating at near capacity with little room for expansion;

*  The rail route from Lazaro Cardenas to Chicago or Kansas City is roughly equivalent in length to the rail routes from congested Long Beach; is 600 miles shorter to Houston and closer to Atlanta. The port also is the closest to the population-dense Mexico City;

*  CP Ships, NYK Lines, Maersk and APL already serve the port; and,

*  Lazaro Cardenas enjoys a substantial labor-cost advantage -- its per-lift costs being some 30 percent cheaper than at U.S. West Coast ports.

Indeed, KCSM, with its sole rail access to the Port of Lazaro Cardenas, is a modern-day Hope diamond; but prying it loose from KCS may be equivalent to freeing Excalibur. And that is why UP’s superior political connections are essential

BNSF remains interested; but UP, while not awash in cash as is BNSF, has something more valuable --  its new-found cash-rich Carlyle Group and Carlyle’s similarly extraordinary political connections. No wonder BNSF’s Matt Rose is so irritated.

Who said railroads had become a mature and financially boring industry?

(The preceding opinion article was published in Association Highlights, a publication of the Association of Transportation Law Professionals. The article does not necessarily express the opinion of the association.)"

 

1992 A"sarco May Sell All of Its Stake in Mexican Firm" (Grupo mexico)

"Asarco May Sell All of Its Stake in Mexican Firm
Keller, John J. Wall Street Journal. (Eastern edition). New York, N.Y.: Jul 1, 1991. pg. C5

NEW YORK -- Asarco Inc., seeking to focus more of its funds on expanding its U.S. operations, said it is considering an international public stock offering or the private sale of some or all of its investment in Mexico Desarrollo Industrial Minero S.A. de C.V. (Medimsa).

Asarco, which traces its roots back to its Mexican mining investments in 1899, owns 31.2% of Medimsa, Mexico City, a nonferrous metals mining company operating 13 mines and seven metallurgical plants in Mexico."

..."At the end of 1990, Asarco valued its Medimsa investment at $288.2 million. A sale would virtually pull Asarco out of Mexico, if a branch office of its specialty chemicals business based in West Haven, Conn., isn't counted. The rest of Medimsa is owned by Grupo Mexico, a Mexican conglomerate."

....." In the past three years, Asarco has helped fund Medimsa's [i.e. Grupo Mexico's] acquisition of Mexicana de Cobre and Mexicana de Cananea, the country's two major copper-producing companies."....."To account for the potential sale of Medimsa, the spokesman said Asarco has changed from the equity method of accounting for its interest in the company to the cost method, effective with the second quarter of 1991."

[in 1992 ASARCO El Paso installed the two largest contop furnaces in the world and began secretly and illegally burning hazardous waste for profit.   Carlyle Group now owns about 20% of Grupo Mexico]

Copyright Dow Jones & Company Inc Jul 1, 1991 [reproduced for fair use]

Friday, April 3, 2009

Interesting comment ...

"These guys offer the model of how to export all the profits from mining out of the country to offshore accounts, then declare bankruptcy and fine ways to pay as little as possible in federal bankruptcy court. And somehow, just a few weeks ago prior to an EPA audit, coworkers made frantic rushes to the shredder with this facilities permits and their Notice of Violation for not having a permit. When inquired as to the purpose of such shredding, I was informed that they were duplicates, when I pointed out they were three different permits, and the nature of the NOV was for not having a permit, I took the permits to my desk for closer examination, i was five feet from my desk when the frantic co-worker apprehended those documents and made a mad dash for the shredder... I joked... he go shred those now... Gee isn't that facility one of your cases? Uh, no... uh lie." 
http://www.scribd.com/doc/13327882/Asarco-Offers

Thursday, April 2, 2009

American Mining Corp ordered to return stock to ASARCO

"April 2, 2009
Judgment to order stock returned to Asarco
ARTHUR H. ROTSTEIN
Associated Press Writer

TUCSON, Ariz. (AP) - A federal judge in Texas has ordered a subsidiary
of mining giant Grupo Mexico SAB to return stock in a Peruvian mining
company once owned by Tucson-based copper miner Asarco LLC, now going
through bankruptcy reorganization.

An attorney and company officials said the damages award to Asarco -
including the return of stock - was valued at more than $6 billion."

http://www.dailymail.com/ap/ApTopStories/200904021332

also see
http://www.reuters.com/article/marketsNews/idUSN0225608820090402

"MEXICO CITY, April 2 (Reuters) - Grupo Mexico shares plunged 15 percent
on Thursday after a U.S. court ordered the company to surrender the bulk
of its stake in Southern Copper and pay more than $1 bln in
damages.....Grupo Mexico... has said it was still interested in taking
back control of Asarco."

TCEQ ASARCO (El Paso) Update

Many thanks to TCEQ regional director Ms. Gardner and the honest people within the TCEQ who are trying to get out some information/data to the public, including word about the Asarco Rio grande groundwater-plume.  

We [TCEQ] have added a [ASARCO] Remedial Investigation documents page for viewing and downloading. To go directly to that page, follow this link.

The link to the main ASARCO webpage is here.

Tuesday, March 24, 2009

Lomas de paleo, the moving of the north-south rail lines to Santa Teresa, and the accompanying building of roads

Lomas de paleo, the moving of the north-south rail lines to Santa Teresa, and the accompanying building of roads....

All are within the toxic-waste shadow of ASARCO El Paso.   Grupo Mexico who owns ASARCO is presently bidding on a 45 year contract (to be awarded this summer) to bring rail freight from the new Baja Mexico port of Punta Colonet across northern Mexico up through the Santa Teresa Port-of-entry next to ASARCO.

Grupo Mexico controls over half the freight right of way in Mexico through Ferromex.   This new seaport will be larger than the USA L.A. seaport, and non-unionized.

Despite all the military and monies being brought to Cd. Juarez, the illegal concentration camp run by the Zaragozas is inexplicably allowed to patrol with machine guns (illegal for civilians to carry) and the government is reportedly on the side of the family trying to take Lomas de Paleo land from its remaining owners.   

This land is about 2 miles away from the ASARCO smelter stack, and has to be quite polluted by the secret toxic wastes.

Meanwhile Acerlor Mittal  has quietly purchased the tiny steel-plant just 30 miles north of where this port-of-entry is; and, Freeport McMoran bought up Phelps Dodge and is located in the 30-mile plume-area that ASARCO would have reached.

We were an environmental sacrifice-zone.   We are still an environmental sacrifice zone.  

Google Web Alert for: Lomas de paleo
LOMAS DE POLEO: BORDER LAND BATTLE SIZZLES | World War 4 Report
... Freeman affair opens window on intra-elite paleo-neocon wars ... Lawyers for the Zaragozas contend the land in Lomas de Poleo was legally purchased by ...