Federal DOJ Trustee for Corpus Christi TX ASARCO Bankruptcy and sites failing to do their job

It is illegal in our lay-opinion for the Federal DOJ Bankruptcy Trustee to continue to make legal decisions and recommendations that act as if Asarco (Encycle and Asarco inc.) never engaged in nearly ten years of secret hazardous-waste-disposal for $$. (see news announcement, below)  Why is the Federal DOJ Trustee not acting on this knowledge, that they were legally apprised of back in 2006?

We respectfully demand that the Obama Administration's DOJ appointees and the EPA's Obama Administration appointees demand that the DOJ Bankruptcy Trustee (Region 7 Judy A. Robbins United States Trustee ) do their job and require that the trustees overseeing that liquidation, Michael Boudloche (Corpus Christi), Mr. Puga (El Paso TX) consider the ramifications from the illegal secret wastes.   It is now public-domain-knowledge (both from the released-1998-formerly-confidential for settlement purposes only 72 page document AND from the 1994 Asarco Encycle Supervisor Whistleblower report) that Asarco-Encycle and Asarco El Paso TX (and E. Helena MT) ran an un-permitted hazardous-waste disposal-operation for nearly ten years just to make money.

There should be no demolition at these sites until there is full disclosure of the secret wastes handled and burned at these sites, using comprehensive chemical analyses recommended by the International La Paz Accord JAC group several years ago.

"Google Alert:
"State can't stop demolition, bankruptcy trustee says
Corpus Christi Caller Times
A US Bankruptcy Court trustee said the contested demolition of the ASARCO/Encycle plant will continue and state officials have no authority to stop the work ..." "

ASARCO LLC v. Estate of John D. Rockefeller Sr. et al 2:11-cv-00661

"Case Title

ASARCO LLC v. Estate of John D. Rockefeller Sr. et al

Court

Washington Western

Nature of Suit

Environmental Matters

Case Number

2:11-cv-00661

Judge

Richard A Jones

Date Filed

April 18, 2011"

http://www.law360.com/energy/articles/239975/asarco-brings-cercla-suit-against-rockefeller-estate

Asarco sues the Rockerfeller Estate

The Federal DOJ Bankruptcy Trustee for the Bankruptcy District at Corpus Christi TX allowed ASARCO to complete its entire bankruptcy without ever considering the liabilities from Asarco's years of illegally disposing of Toxic Waste, despite being legally notified of this lapse winter of 2006.  In Oct.,2006 the NYTimes exposed the story of how the EPA had secretly proven to the DOJ in 1998 that ASARCO disposed of illegal toxic wastes for nearly ten years - but then hid the truth away in a "confidential for settlement purposes only document".  This document became public-domain in 2006. Rep. Reyes (Chair House Intelligence Committee) wrote that Asarco  paid millions on the condition that the details of what it had done would never become public.

So now Asarco and its owner, Grupo Mexico, have huge 1st quarter profits this year; and, they have sued the Rockefeller Estate.  The Rockefeller estate attorneys ought to study this blog's archives in Scribe for the 30 documents and evidence sent to the Gov. of New Mexico (twice) about Asarco; and, that were taken through two sets of courts with each court failing to address the evidence.  The Federal DOJ has failed to hold Asarco responsible and allowed this to snowball.  No one has explained the presence of a Swiss Financial institution named "Asarco" (associated with Asarco inc.).

"Law360, New York (April 19, 2011) -- Asarco LLC hit the estate of John D. Rockefeller Sr. and other entities with a lawsuit in Washington state Monday seeking environmental response costs at a polluted smelter site over which the plaintiff recently paid a $38 million settlement.

Asarco claims in its contribution and cost recovery complaint filed in the Western District of Washington that the estate and four other entities are liable as owners or operators under..."

Judge Richard Schmidt of the U.S. Bankruptcy Court for the Southern District of Texas has closed two more affiliate cases of ASARCO LLC

"Court Closes 2 More ASARCO Affiliate Cases

Posted by Rob Smith On March - 20 - 2011

FAIRLESS HILLS, Pa. — Judge Richard Schmidt of the U.S. Bankruptcy Court for the Southern District of Texas has closed two more affiliate cases of ASARCO LLC.  They are the cases of Encycle Inc. and Government Gulch Mining Company, Limited...."

Read the Asarco Corpus Christi Encycle Whistleblower secret document from 1994 and the document from SPGEG to the DOJ Trustee to these Bankruptcy courts in 2006-7 asking the Trustee to force the courts to face the liabilities from the years of illegal secret toxic-waste disposal by ASARCO....

Why hasn't the Bankruptcy court considered any liabilities from Asarco's years of illegal secret waste disposal in Corpus Christi TX, El Paso TX, and East Helena MT.????   Why has the Federal DOJ looked the other way?

Ex ASARCO Workers to Identify Undisclosed Illegal Waste Dumps on ASARCO-El Paso Property

March 23, 2011

by Texas RioGrande Legal Aid

EL PASO, TX – March 23, 2011 – This Saturday, former employees of the ASARCO El Paso plant, as part of the Ex-ASARCO Workers coalition, will identify five unlined dumpsites on the ASARCO property that continue to contaminate the area and pose serious risks to the public health.  Representatives from the Environmental Protection Agency (EPA), Texas Commission on Environmental Quality (TCEQ), and a Trustee in charge of remediating the site will be present.

The EPA has informed the Ex-ASARCO Workers that the media will not be allowed to participate in the site visit.  As a result, a press briefing will be held at the ASARCO site on Saturday, March 26 starting at 1:00 pm.

“When we first told the EPA about the hidden dumpsite in November, we thought they would be on the next plane to El Paso to investigate,” said Carlos Rodriguez, lead organizer of the Ex-ASARCO Workers. “We were wrong. Clearly, the continued contamination of this property is not a high priority.”

The unlined dumpsites sit on the El Paso property where ASARCO operated a copper smelter and handled military hazardous waste for more than 100 years. The former workers contend that they were instructed to dig pits on the property and bury contaminated materials throughout their employment.  They did not place any lining that would prevent the contaminants from leaching into groundwater sources. Current plans for the property call for covering up the areas where the sites are located, rather than sampling and remediating them.

Recently the Ex-ASARCO Workers have also raised concerns that the future of the site includes plans to sell land where known ASARCO dumpsites exist, including an area east of I-10, for use as residences.

“We cannot believe that this land is going to be sold and turned into a residential area and a hiking trail. We know this area has been contaminated and there is no proof that the site is clean enough for families to live there and for children to play there,” said Mario Navarez, a member of the Ex-ASARCO Workers.

The Ex-ASARCO Workers are asking other former ASARCO employees and their spouses to contact them if they have information that would help protect the community from continued environmental pollution. Individuals can contact Veronica Carbajal, attorney with Texas RioGrande Legal Aid, at (915) 585-5107.

Established in 1970, Texas RioGrande Legal Aid, Inc. (TRLA) is a nonprofit organization that provides free civil legal services to low-income and disadvantaged clients in a 68-county service area. TRLA’s mission is to promote the dignity, self-sufficiency, safety and stability of low-income Texas residents by providing high-quality civil legal assistance and related educational services.  For more information on Texas RioGrande Legal Aid, Inc. and this story visit www.trla.org.

###
http://trla.wordpress.com/2011/03/23/ex-asarco-workers-to-identify-undisclosed-illegal-waste-dumps-on-asarco-el-paso-property/

Asarco sues EPA for "destroying evidence" regarding Omaha smelter superfund site while DOJ and EPA protect ASARCO....

What kind of poker-hand is being played, here and why??

"Asarco Inc. said the U.S. Environmental Protection Agency destroyed evidence that the company's smelter didn't cause lead pollution in an Omaha neighborhood ..."

http://www.omaha.com/article/20101217/NEWS97/712179877

El Paso Times covers Ex-Asarco-workers and others site visit 2-25-11 after massive fire gutted the IONICS distillation unit

Google Alert
EPA joins in walk-through at Asarco: Past employees want further site tests ...
El Paso Times

"by Chris Roberts \ El Paso Times Patrick Garza, left, who worked for ASARCO as a contractor and employee, left, talks to Michael J. Casbon of Environmental Resources Management, who is overseeing the demolition of the site about a recent fire in the ..."

Fire site visit at Asarco El Paso TX 2-25-2011

Asarco site visit friday Feb-25-2011

Another example of Asarco handling Radioactive Isotopes provided by El Paso Asarco Cleanup Trustee

Asarco El Paso Trustee provides online link to TENORM copper leaching radioactive wastes data

http://www.epa.gov/radiation/tenorm/copper.html

ASARCO Whistleblower Report news item -- JUST HOW BAD IT WAS

ASARCO Whistleblower Report news item

ASARCO El Paso Redevelopment TVNews Story: Costs of secret liabilities from illegal hazardous waste disposal for years? (PRICELESS!)

Apparently a "redevelopment plan" for ASARCO site was released to the public today (http://www.kvia.com/video/26523619/index.html)  and it is extremely scary to those of us who realize how contaminated that site must actually be ---  Please watch this film clip - it is very short.  Remember that a UTEP geology professor recently was willing to go public stating that simply paving over the Asarco site as planned will not make it "safe".

"google alert:
Plan El Paso 2010 Includes Asarco Redevelopment Video KVIA El Paso
Plan El Paso 2010 Includes Asarco Redevelopment. ....
www.kvia.com/video/26523619/index.html
"

Asarco asset sales to date: $539,313.70:: Undisclosed liabilities from Secret Hazmat wastes? PRICELESS

Asarco asset sales to date: $539,313.70:: Undisclosed liabilities from Secret Hazmat wastes?  PRICELESS

"Recasting the Smelter
ASARCO Asset Sales (updated 12/08/10)
Sale No.     Item     Date     Amount
1     Rails/Rail ties     7/12/10     $215,000.00
2     2 horizontal cryogenic liquid oxygen above-ground tanks     3/5/10     $130,500.00
3     Slag Pots     6/10/10     $60,000.00
....[etc etc]
TOTAL TO DATE     $539,313.70"
http://www.recastingthesmelter.com/?page_id=395

Asarco El Paso TX Clean-up Trustee and contractors proceeding with demolition while not disclosing what Asarco did

Why do our EPA investigators, our TCEQ Commissioners, our Federal DOJ Attorneys continue to look the other way and allow the Trustee to tear down these structures and sell/dispose of these, without telling any of us what illegal and secret hazardous wastes remain?  

What happened here, in El Paso Texas from the years of Asarco burning illegal hazardous wastes for YEARS and YEARS SECRETLY for (in the EPA's words to the DOJ) to make money --- what happened here that was so so very bad that even today over 12 years later, the powers that be are afraid to tell the public the details of what Asarco had done?

Rep. Reyes, chair of the House Intelligence committee, said that Asarco paid millions on the condition that details of what it had done would never become public.

Despite legal notification, the Federal DOJ Asarco Bankruptcy Trustee allowed the Asarco Bankruptcy court to continue to hide those details.

Despite a NYTimes front page article and a DOJ Attorney releasing the Secret DOJ-EPA Confidential for Settlement purposes only 72 page document detailing what ASARCO had done, over five years later the Paso del Norte community has not been given the details of what contamination remains here from what ASARCO did.

The Asarco El Paso site Trustee writes on their website:  "Dear Stakeholders, The Trust has been extremely busy working at the Former ASARCO Smelter Site to ensure a safe demolition and thorough investigation/remediation process. Current major activities include:  Removing the Contop/Reverb structure to ascertain the presence of valuable matte and concentrate materials,"

Why hasn't the Trustee allowed sampling of this structure by independent community groups - or even (free!)  RADON sampling inside the buildings?  What on earth is the Trustee afraid of?

The International JAC (La Paz Accord) committee passed a resolution recommending that background contamination data be gathered --- and THIS RESOLUTION WAS THEN IGNORED.





 

ASARCO "The Department of Justice owes the public an explanation"

"However, a powerful Senator did not hesitate to comment on the matter. “The Department of Justice owes the public an explanation for why there have been no criminal prosecutions despite the SEC openly making accusations of a witness being bought off,” Senator Charles Grassley of Iowa told POGO. Grassley is slated to be the top Republican on the Senate Judiciary Committee, which oversees the DOJ." [12-10 quote regarding " major case involving Pequot Capital Management, once the world’s largest hedge fund, and alleged insider trading in shares of Microsoft"]
http://www.truth-out.org/sec-describes-possible-criminal-activity-unprosecuted-hedge-fund-case66233

And, why has the DOJ not held the DOJ BANKRUPTCY Trustee for the ASARCO case accountable for failing to make the Asarco Bankruptcy court(s) consider the secret-illegal hazardous wastes that the DOJ and EPA discovered were incinerated for nearly ten years by Asarco in at least two smelters?!

How many "Confidential for settlement purposes only" documents are out there between the EPA and DOJ like the 1998 "confidential for settlement purposes only [72 pp] DOJ-EPA Asarco document" ?  How much information is being kept "secret" from affected-communities via these "confidential settlements" ?   Chair of the House Intelligence Committee, Rep. Reyes said that Asarco paid MILLIONS on the condition that the details of what it had done would NEVER BECOME PUBLIC.

Now the ASARCO Bankruptcy is over, copper prices increase ...

"Google Alert - asarco
Copper mining sees new AZ momentum
Arizona Daily Star
As rising copper prices increase mining-company profits, Arizona-based mining giants Freeport McMoRan Copper & Gold and Asarco have boosted the work force ..."

To this day, the liabilities from nearly ten years of ASARCO disposing/burning secret hazardous wastes for profit have never been discussed in the Bankruptcy Courts.   Rep. Reyes, Chair of the House Intelligence Committee said that Asarco paid millions of dollars on the condition that details of what it had done would never become public.    El Paso TX got only about $52 million to clean up whatever undisclosed undeclared unmanifested hazardous wastes remain at the El Paso Asarco site and over 100 years of custom and secondary smelting activity.  The Asarco toxic groundwater plume reaches the Rio Grand the width of the entire property - below that point the City still draws irrigation water for over 70 miles of irrigation district (managed by Rep. Reyes' brother)  ----  and,  draws water for drinking (for central and westside El Paso according to the EPWU Vice President of Operations.) 

Asarco El Paso TX ... "such are the places where every man woman and child seeks EQUAL JUSTICE"...

       “Where after all, do universal human rights begin?  In small places, close to home—so close and so small that they cannot be seen on any map of the world.  Yet they are the world of the individual person: the neighborhood he lives in; the school or college he attends; the factory, farm or office where he works.  Such are the places where every man, woman and child seeks equal justice, equal opportunity, and equal dignity, without discrimination.  Unless these rights have meaning there, they have little meaning anywhere.” 

Eleanor Roosevelt

Seven years ago Carlyle Group created a team to begin investing in Mexico...

"In January 2004, the Carlyle Group put together a new team to begin investing in Mexico. The team consisted of Luis T?llez, who was then an executive vice president of Desc, one of Mexico's largest companies; Joaquin Avila, who was then a managing director of Lehman Brothers; and Mark McLarty, the president of Kissinger McLarty Associates and chief of staff to and special envoy to the Americas for President Bill Clinton."....'At the March 2005 meeting at Baylor University in Waco, Texas, President Bush, President Fox of Mexico and Canada's Prime Minister Paul Martin announced a joint decision to form a tri-lateral partnership named "The Security Prosperity Partnership of North America," or SPP."

http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=50334

What do ASARCO, Grupo Mexico, NEBRASKA, CLEAN COAL ENERGY and RAILROADS all have in common?

Asarco is suing EPA  in Nebraska (EPA Region 7) -- home to Union Pacific Railroad Co. and also Peru's FCCA Railroad (owned by 'Railroad Development Corp.')

“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:
http://www.wikinvest.com/stock/Southern_Copper_%28PCU%29/Class_Actions
http://www.bloomberg.com/news/print/2010-12-17/asarco-claims-epa-lied-destroyed-evidence-in-nebraska-lead-pollution-case.html

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

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."
http://www.rrdc.com/mgmt_bio_hensler.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."
http://www.thefreelibrary.com/Grupo+Mexico,+S.A.+de+C.V.+Strategies+for+Southern+Peru+Copper...-a058295607

"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

"Controversy:  During the 2009 debate over the Waxman/Markey bill, Bonner & Associates, a Washington, D.C. lobbying firm subcontracted by ACCCE ["American Coalition for Clean Coal Electricity"]  though the Hawthorne Group to drum up "grassroots support" for this effort, sent a number of fraudulent letters to lawmakers on behalf of ACCCE. ^..."http://en.wikipedia.org/wiki/American_Coalition_for_Clean_Coal_Electricity"

Asarco Omaha NE smelter shut down in 1997 - did it also burn the illegal secret hazardous wastes?

Asarco's Omaha NE smelter shut down in 1997 - did it also burn the illegal secret hazardous wastes that Asarco's whistleblower let us know were handled by Asarco-ENCYCLE (and then sent to smelters in E. Helena MT and El Paso TX) for the years throughout the 1990's??   Will we ever know? (Rep. Reyes, Chair of the House Intelligence Committee said that ASARCO paid millions of dollars on the condition that the details of what it had done would never become public (El Paso Times online article 2006))

"Google Alert - asarco bankruptcy
DJ Grupo Mexico Seeks To Recover $210M In Asarco Lead Damages
Trading Markets
Asarco paid $1.6 billion in environmental liabilities as part of a settlement with the US Justice Department when the company exited Chapter 11 bankruptcy ..."

Energy Renewal Partners who is cleaning up ASARCO ENCYCLE worked for Carlyle/Riverstone Holdings

"Some of the clients our employees have supported include:

• Carlyle/Riverstone Holdings"

http://www.energyrenewalpartners.com/