Senator Shapleigh's pages on TCEQ in "Grover's Tub"

see:
http://shapleigh.org/news/3739-grover-s-tub-captured-and-corrupted-at-tceq

We agree with the observations about the TCEQ, but the pages (sent to constituents in an email) totally miss mentioning how the EPA proved Asarco secretly burned unknown (unmanifested!) hazardous-wastes for years, for profit, during the 1990's -- and that we only found out after the Federal DOJ made a 1998 confidential-Asarco-EPA-settlement document public in 2006 -- after EIGHT YEARS of silence and secrecy!!

We ask all of our political representatives/senators to let the community know what Asarco actually did here -- and, we want to know what chemicals have been left here from those years of illegal secret-wastes incineration.

The Asarco Workers Union asked to accept a short-term contract extension // The years of unmanifested secret toxic waste incineration - IGNORED

"The [ASARCO] company's Arizona and Texas mining and refining operations will finally be free from environmental liabilities that drove it into bankruptcy in 2005, said Jorge Lazalde, vice president and general counsel for Grupo Mexico subsidiary Asarco Inc. 

[CRIMINAL Disregard by the Government for the secret chemicals (from what the EPA said were military and industrial sources) secretly burned here for years.  WHERE is our Government/Justice?  Can criminals act this way so indiscriminately and get away with it?  Why is the Supreme Court going to review the honest services provision of the mail and wire fraud act this winter for the ENRON case (involving a principal bond holder ASARCO bank?).  WHY is there a SWISS Bank called ASARCO A.G. (Asarco SA, Asarco inc.)?

The EPA-Asarco-DOJ "confidential for settlement purposes only" document (NYTimes 10/06) telling us what really happened here -- IGNORED.   The secret toxic wastes from those years IGNORED.  The recommendation of the La Paz Accord JAC committee to test for these chemicals IGNORED.  The requests of the local community for split samples IGNORED.]

In an interview with The Associated Press on Tuesday, Lazalde also said the company assumed a contract that makes its 1,500 unionized workers among the best-paid in the industry and has offered to extend the deal through 2011.....The company has until mid-January to provide a contract offer, and the union has until mid-February to accept the short-term contract extension."

http://www.montereyherald.com/business/ci_13858953?nclick_check=1

Exec says new Asarco to be profitable, competitive

... said without any regard for the contamination left here and in E. Helena MT from the years of what the EPA and Federal DOJ finally let us know were YEARS of secret & illegal toxic-waste burning.   Military and Industrial wastes -- incinerated without manifests here.    It is easy to be "profitable, competitive" when you don't pay to clean up the poisons left behind.   ASARCO will pay only  52 million dollars to "clean up" the Rio Grande, the Hueco Bolson, and sister cities of Cd. Juarez, El Paso and Sunland Park.

CRIMINAL

Google Blogs Alert for: asarco bankruptcy

Exec says new Asarco to be profitable, competitive (AP ... By admin A top executive with the company set to take over Asarco LLC says the Tucson-based copper miner will emerge from a grueling four-year bankruptcy court battle. eCommoditiesTrading - http://www.ecommoditiestrading.com/

What do ENRON and Asarco have in common?

Attorneys for the ENRON case are getting the Honest Services provision of the mail & wire fraud act re-visited by the U.S. Supreme Court -- to be decided this spring. 


September 21, 2002

Lawyer Proves a Thorn for Enron's Partners

By DAVID BARBOZA

"Citigroup [Asarco Principle Bondholder] and J. P. Morgan [Asarco had a "$450 million Revolving Credit Agreement with J.P. Morgan Chase & Co."] have been accused by members of Congress and a variety of lawyers of helping Enron disguise billions of dollars worth of debt by creating special-purpose entities offshore with names like Mahonia, which was based in the Isle of Jersey in the English Channel, and Delta, based in the Cayman Islands." [We know that there is a Swiss Bank called "Asarco A.G." (Asarco S.A., Asarco Inc.).]
http://www.alston.com/neal_batson/

"R. Neal Batson is special counsel to Alston & Bird.....was appointed by the United States Department of Justice to serve as the Examiner for Enron Corp. and was authorized to investigate various aspects of the company."

neal.batson@alston.com

[Fwd: TCEQ News Release--Trustee Named for ASARCO remediation]

-------- Original Message --------

Subject:	TCEQ News Release--Trustee Named for ASARCO remediation
Date:	Mon, 23 Nov 2009 13:45:29 -0600 (CST)
From:	Texas Commission on Environmental Quality <tceq@service.govdelivery.com>

You are subscribed to News Releases for Texas Commission on Environmental Quality. This information has recently been updated, and is now available. Or, see text below.

FOR IMMEDIATE RELEASE                              
CONTACT: ANDREA MORROW
PHONE: 512-239-5011 / PAGER: 512-896-

TRUSTEE NAMED FOR ASARCO EL PASO REMEDIATION  
Project Navigator will manage clean-up

“I am pleased to announce the appointment of Project Navigator, represented by Roberto Puga, as the custodial trustee for remediation activities at the ASARCO–El Paso site,” said Mark Vickery, executive director of the Texas Commission on Environmental Quality. “This highly respected and experienced firm will work with the TCEQ to advance toward closure of the site.”

On Nov. 13, the United States District Court for the Southern District of Texas in Corpus Christi issued an order confirming the plan of reorganization and implementing the settlement. 

On either Dec. 11 or 14, the effective date of the plan, ASARCO will place $52,080,000 in an environmental custodial trust to address remedial activities. Funds totaling $52 million will be used at the El Paso site and the remainder will fund clean up at another non-operating site in Amarillo. 

For the latest information on the clean-up plans and progress, see: http://www.tceq.state.tx.us/remediation/sites/asarco.html.

 

 

###

The ASARCO BANKRUPTCY COVER-UP IS COMPLETE??

"The Texas Commission on Environmental Quality has named a trustee who will be in charge of cleaning up the ASARCO site...Mark Vickery, TCEQ's executive director, appointed Project Navigator, represented by Roberto Puga, as the trustee. ..In mid-December, ASARCO will put $52,080,000 in an environmental custodial trust to support the clean-up."
http://www.kvia.com/Global/story.asp?S=11560816

AND IN THIS ENTIRE PROCESS THE FEDERAL DEPT. OF JUSTICE, THE EPA, THE TCEQ, THE N.M. ENVIRONMENTAL DEPT. ---- NONE OF THEM HAVE DISCLOSED WHAT SECRET AND ILLEGAL HAZARDOUS WASTES REMAIN HERE FROM WHAT THE EPA SAID WAS ILLEGAL INCINERATION OF UNKNOWN TOXIC-WASTES FOR PROFIT (DURING THE ENTIRE 1990's).

A fraud of amazing proportions is occurring right before our eyes - and we would never have known what happened here if an honest Federal DOJ Attorney had not sent us (2006) the EPA-Asarco "confidential for settlement purposes only" 73 page document to the DOJ (1998) that finally gave us the truth.

But the DOJ, the Bankruptcy Trustee, the EPA, the NMED, and the TCEQ all are ignoring that document as if it was never made public and as if the contents were still secret.

WHAT happened here in El Paso during the secret incineration of military wastes that is SO BAD that none of these Government Agencies can be open and honest with us??!   It had to be very bad.

WHY is there a Swiss Bank named "ASARCO AG" created about the time that the smelter shut down?

HOW CAN OUR ENTIRE JUSTICE SYSTEM (THE BANKRUPTCY TRUSTEE AND THE COURTS), THE FEDERAL EPA, THE STATES OF NEW MEXICO AND TEXAS ENVIRONMENTAL QUALITY DEPARTMENTS -- ALL FAIL TO DISCLOSE THE CONTAMINATION REMAINING FROM THESE YEARS OF ILLEGAL INCINERATION OF MILITARY AND INDUSTRIAL WASTES??!!??

WE DO NOT EVEN HAVE DIOXIN DATA FOR THE EL PASO ASARCO SMELTER.  NO DIOXIN DATA. NO URANIUM DATA.

IS THE U.S.A. JUSTICE AND ENVIRONMENTAL SYSTEMS SO CORRUPTED THAT WE CAN'T EVEN GET DIOXIN DATA BEFORE A PALTRY 52 MILLION DOLLARS IS "handed down" TO US TO CLEAN UP THE RIO GRANDE, AN INTERNATIONAL AQUIFER (the HUECO BOLSON), OUR CITIES AND OUR AIR??!!??

HOW COULD OUR GOVERNMENT HAVE SAT ON THIS FOR THREE YEARS AFTER THE TRUTH CAME OUT?  HOW MANY CHILDREN MUST BE BORN HERE WITH TERATOGENIC BIRTH DEFECTS BEFORE ANYTHING IS DONE TO DETERMINE WHAT HAS HAPPENED HERE??!!??

TX (statewide venue) "Environmental crimes prosecutor appointed"

"AMERICAN-STATESMAN STAFF Sunday, November 22, 2009

Travis County District Attorney Rosemary Lehmberg on Friday announced the appointment of the agency's first full-time environmental crimes prosecutor.... Patty Robertson.... will be based in Travis County but will prosecute cases throughout the state.

The Travis County District Attorney's Office has statewide venue on most environmental crimes under Texas law, officials said."