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

Saturday, May 14, 2011

ASARCO worker shot dead in his home by no-knock warrant-SWAT team -- and, his rifle still had the safety on

A two-tour Marine, no criminal history, working 12 hour shifts at ASARCO in Tuscon -- suddenly is dead from a no-knock warrant raid by a SWAT team who shot over 60 bullets in 7 seconds into him.   His own rifle's safety was still on.   The SWAT Team thought no one but him would be home, but he hid his wife and son in the closet when she heard strange noises outside and woke him up...


Google Alert:
"
The Indiana Supreme Court decision makes less sense than before.
Pajamas Media
Jose Guerena, 26, a [twenty-six year old] former Marine [with two overseas tours of duty], was sleeping after the graveyard shift at Asarco Mission mine ..."

SWAT raid that killed Arizona ASARCO worker and Marine - recorded in 911 call

"Google Alert - asarco
SWAT raid fatal drama is revealed in 911 call
Arizona Daily Star
Jose Guerena, 26, a former Marine, was sleeping after the graveyard shift at Asarco Mission mine about 9:30 am when his wife woke him saying she heard ..."

Asarco continues to sue: BNSF

Asarco has recently sued:  the EPA (OK), the Rockefeller family (WA), and now BNSF 

Google Alert:
Asarco Sues BNSF Over $80M Cleanup - Law360
Asarco LLC sued BNSF Railway Co. and four others in Missouri on Thursday, seeking contributions toward an $80 million cleanup at a mining site the company ...
www.law360.com/.../asarco-sues-bnsf-over-80m-cleanup-


Thursday, May 12, 2011

Asarco worker shot dead at home after 12 hr shift by SWAT team who shot 71 shots in 7 seconds. The worker did not fire his gun.

"google alert:
SWAT team fired 71 shots in raid
Arizona Daily Star
... noise outside their home about 9 am Thursday and woke her husband who had just gone to bed after working a 12-hour shift at the Asarco Mine, she said. ..."

"The Pima County Regional SWAT team fired 71 shots in seven seconds at a Tucson man they say pointed a gun at officers serving a search warrant at his home.....Vanessa Guerena says she heard noise outside their home about 9 a.m. Thursday and woke her husband who had just gone to bed after working a 12-hour shift at the Asarco Mine, she said. There were no sirens or shouts of "police," she said.....Guerena told his wife and son to hide inside a closet and he grabbed the AR-15 rifle, his wife said....Tucson is notorious for home invasions and we didn't want to look like that," said Lt. Michael O'Connor of the Pima County Sheriff's Department. "We went lights and sirens and we absolutely did not do a 'no-knock' warrant."

"Horizon Lines' empty bankruptcy threat brings US DOJ to its knees....similarly EPA opted to take [x] claim in Asarco's Bankruptcy case...."


"Google Alert - asarco
Horizon Lines' empty bankruptcy threat brings US DoJ to its knees ...
Financial Times
Similarly, the EPA opted to take a USD 1.7bn repayment on its USD 6.5bn environmental remediation claim in Asarco's bankruptcy case. ...
"

http://www.ft.com/cms/s/2/4f212e9c-7c6b-11e0-b9e3-00144feabdc0.html#ixzz1M7sbEKBu

"...The DoJ’s value give-up in Horizon mirrors the compromise the Environmental Protection Agency (EPA), a secured creditor, cut with unsecured hedge fund creditors in chemical company Tronox last year....

Rather than battle bondholders for more cash, the EPA agreed to take massive losses on its structurally senior claims. The Oklahoma-based company’s unsecured bondholders walked away with equity worth more than double the face value of their bond claims, while the EPA was left with a 30% recovery.

Similarly.... [the ASARCO] Arizona, US-based copper miner’s bondholders received 100% recovery on their claims, as well as accrued interest, when the company emerged from Chapter 11 in December 2009, while the sponsor, Grupo Mexico, continued to own its assets....""


Wednesday, May 11, 2011

Asarco 1999 Settlement with Denver CO gives another $126,484.90 to 107 people while EL PASO TEXAS COMMUNITY suffers silently

"Residents of south Globeville are receiving an additional $126,484.90 from Asarco mining company for contaminating their properties with arsenic and other pollutants, according to a press release from the attorneys who represented the residents.....The additional payments are part of a $12.3 million settlement the residents reached with Asarco in 1999....[also] South Globeville residents filed a class-action lawsuit in 2007 against Asarco when high levels of toxic contamination were found on properties. Asarco released arsenic as a stack emission from its Globe Plant smeltering facility for about 70 years starting in the 1920s."

Mitchell Byars: 303-954-1698 or mbyars@denverpost.com

South Globeville residents get additional money from Asarco settlement


From 2009: Verde Realty Completes Rail in Santa Teresa Intermodal Park

Verde Realty Completes Rail in Santa Teresa Intermodal Park
VerdeCorporate Realty Services announced that construction has been completed on 4,283 feet
of new railroad track and new switch in VerdeSanta Teresa Intermodal Park in Santa Teresa,
NM. The track and switch will service the master-planned park's first phase totaling 118 acres.
El Paso, TX (PRWEB) January 15, 2009 -- Verde Corporate Realty Services announced that construction has
been completed on 4,283 feet of new railroad track and new switch in Verde Santa Teresa Intermodal Park in
Santa Teresa, NM. The track and switch will service the master-planned park's first phase totaling 118 acres.
Verde Santa Teresa Intermodal Park is a 1,221 acre master-planned, rail-served industrial park that can
accommodate user requirements from 5 acres to 200 acres. When fully-built out, the park will have five rail
spurs directly connected to the Union Pacific Main Line. The park provides a further benefit to users in that it is
located within Foreign-Trade Zone No. 197.
The Verde Santa Teresa Intermodal Park is the only facility of its kind in the region capable of fulfilling
transloading, cross-border trailer staging and build-to-suit requirements. Construction of the new Foxconn
Technology Group manufacturing facility in San Jerónimo, Mexico, that is located immediately adjacent to
Santa Teresa, and Union Pacific's plans to build new facilities in Santa Teresa will generate meaningful
economic activity in the area and incremental demand for rail served facilities. This park will address the needs
that will arise from this activity.
Foxconn, the trade name for Taiwan-based Hon Hai Precision Industry Company Ltd., began construction in
July 2008 on a 440-acre manufacturing campus which will eventually employ 20,000 workers. The project's
first phase, a 650,000-square-foot facility, is scheduled to open in March 2009 and employ 5,300 workers
making computers, laptops and other electronic equipment for a variety of companies. Foxconn is an
electronics manufacturing giant that makes products for Apple, Nokia, HP, Motorola, Dell, and Sony, among
others, and more cell phones than any other firm in the world.
Union Pacific plans to initially invest $150 million in a 934-acre fueling, switching and intermodal yard to be
completed between 2010 and 2014. Once complete, it will be the largest fueling and intermodal facility on the
U.S.-Mexico border. When fully operational, the Union Pacific facility will employ 280 people.
In addition to Union Pacific's investment, Verde Corporate Realty Services' Director of Business Development,
Jay Kleberg said, "The development of Verde's Intermodal Park is a critical step in servicing the increased
demand by local and national manufacturers, suppliers, and distributors to efficiently transport goods from
coast-to-coast and service clients in Mexico."
Kleberg went on to note that, "The Park's location, five miles from the Santa Teresa Port of Entry, the new
Foxconn campus in San Jerónimo and Union Pacific's new refueling and intermodal yard is ideal for
transportation providers and suppliers doing business in Mexico. Verde has had numerous inquiries about the
availability of rail-served land and build-to-suit capabilities, and we look forward to accommodating the
corporate real estate requirements of our customers."
Verde Corporate Realty Services is a leading owner/operator of corporate facilities throughout the United
States/Northern Mexico border region. Verde's team of experienced bi-cultural professionals provides real
estate services from the design/ build phase through subsequent years of facility operation.
For more information, visit www.verdecrs.com/intermodal.
###

Tuesday, May 10, 2011

Ex Asarco Workers' Attorneys ask EPA to test for PCBs at the Asarco El Paso TX Legacy site

Google Alert:
"EPA, TCEQ asked to test for toxic compounds at Asarco (4:25 am)
Las Cruces Sun-News
The letter, sent by an attorney representing a group of former Asarco employees, asks that the Environmental Protection Agency and the Texas Commission on ..."

see also:

http://www.elpasotimes.com/news/ci_18022789
  

ASARCO Legacy slated to be developed into homes, playgrounds and elementary school if El Paso City Council TX ok's the rezoning today

El Paso City Council will vote to Rezone Contaminated ASARCO Land and Allow Development

Under Guise of Smartcode, the Rezoning Would Ignore
Undisclosed Poisons from Asarco's Secret-Waste Disposal Operation

EPgtlo demands that until governmental agencies disclose the hazardous-wastes from its illegal-waste-incineration that this land not be rezoned

El Paso, TX.El Paso City Council will vote this next Tuesday May 10 (Items 19A and 19B) on Ordinance to change zoning of Asarco from unrestricted manufacturing to "SCZ" (Smart code) and allow development.  Under the ownership of the ASARCO Texas Custodial Trust and the El Paso Trustee ASARCO Bankruptcy contract, the clean-up is not required to disclose or remediate the still undisclosed hazardous wastes from when Asarco ran the illegal and secret toxic-waste disposal operation (1992-1998 - NYTimes 10/2006).  As Representative Reyes said in a press statement (2006) "Asarco paid millions on the condition that the details of what it had done would never become public". 

  • The ASARCO Texas Custodial Trustee for El Paso stated that "Asarco, as a large integrated metal producer and refiner obviously handled a wide variety materials including radioactive materials." 
  • The International Joint Advisory Committee under the La Paz Accord/Treaty passed a Resolution recommending testing, but no testing has yet been done to determine what contamination remains in this region from Asarco's illegal hazardous-waste incineration.
  • EPA has not yet released the documents detailing those wastes.
EPgtlo demands that until governmental agencies disclose the hazardous-wastes from its illegal-waste-incineration that this land not be rezoned

                                                                      +++

Saturday, May 7, 2011

El Paso City Council will vote to Rezone Contaminated ASARCO Land and Allow Development

For Immediate Release, May 7, 2011

Contacts: 

Heather McMurray EPgtlo, (915) 539-3388, heamc@earthlink.net

El Paso City Council will vote to Rezone Contaminated ASARCO Land and Allow Development

Under Guise of Smartcode, the Rezoning Would Ignore
Undisclosed Poisons from Asarco's Secret-Waste Disposal Operation

El Paso, TX.El Paso City Council will vote this next Tuesday May 10 (Items 19A and 19B) on Ordinance to change zoning of Asarco from unrestricted manufacturing to "SCZ" (Smart code) and allow development.  Under the ownership of the ASARCO Texas Custodial Trust and the El Paso Trustee ASARCO Bankruptcy contract, the clean-up is not required to disclose or remediate the still undisclosed hazardous wastes from when Asarco ran the illegal and secret toxic-waste disposal operation (1992-1998 - NYTimes 10/2006).  As Representative Reyes said in a press statement (2006) "Asarco paid millions on the condition that the details of what it had done would never become public". 

  • The ASARCO Texas Custodial Trustee for El Paso stated that "Asarco, as a large integrated metal producer and refiner obviously handled a wide variety materials including radioactive materials." 
  • The International Joint Advisory Committee under the La Paz Accord/Treaty passed a Resolution recommending testing, but no testing has yet been done to determine what contamination remains in this region from Asarco's illegal hazardous-waste incineration.
  • EPA has not yet released the documents detailing those wastes.
EPgtlo demands that until governmental agencies disclose the hazardous-wastes from its illegal-waste-incineration that this land not be rezoned. 

                                                                      + + +

Tuesday, April 26, 2011

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 ..." "

Wednesday, April 20, 2011

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..."

Sunday, March 27, 2011

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?

Saturday, March 26, 2011

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

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/

Sunday, March 6, 2011

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

Monday, February 28, 2011

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 ..."

Wednesday, January 26, 2011