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/

More than 3 million dollars slated for asbestos removal at ASARCO site that sent untracked-unmanifested hazardous wastes for disposal for years to E. Helena MT and El Paso TX

"Asbestos removal and demolition of the Encycle/ASARCO plant approved

Corpus Christi, Texas - December 19, 2010

U.S. Bankruptcy Court has approved a $3.6 million contract to demolish 50 buildings, silos and storage tanks and remove asbestos at the Encycle/ASARCO plant in Corpus Christi, Texas....According to the agreement between the bankruptcy trustee and Energy Renewal Partners, the project deadline is May 29, 2013 and seven general use buildings will not be demolished, but rather offered for sale once demolition of the other structures is complete."

http://www.mesothelioma.com/news/2010/12/asbestos-removal-and-demolition-of-the-encycleasarco-plant-approved.htm

"Asarco tries to revive its own EPA records lawsuit" While ASARCO still conceals details of its decade of multi-state illegal hazardous waste handling/incineration...

"Google Alerts
Asarco tries to revive its own EPA records lawsuit
Washington Examiner
AP Business Writer The Asarco mining company wants to revive its public-records lawsuit over Environmental Protection Agency information about lead ..."

While ASARCO still conceals details of its decade of multi-state illegal hazardous waste handling/incineration...

Grupo Mexico : " FULL OWNERSHIP OF ASARCO WITH NO LEGACY LIABILITIES OR CLAIMS" (now *how* did they do THAT?)

"Fitch Upgrades Grupo Mexico & AMC to 'BBB'; Affirms SCC at 'BBB'
Business Wire
Grupo Mexico successfully emerged from the five-year long Asarco bankruptcy proceedings with full ownership of Asarco with no legacy liabilities or claims ..."

fr: Google Alert - asarco bankruptcy

TCEQ testing soil next to ENCYCLE ASARCO for unknown metals

"Soil Testing Near Shuttered Asarco Plant Posted: Nov 12, 2010 5:13 PM by Toni Miles
CORPUS CHRISTI - Field crews with the Texas Commison on Envioronmental Quality are testing the soil in the Dona Park neighborhood [next to ASARCO ENCYCLE].The testing started Friday after a number of residents expressed concerns that there might still be toxic levels of heavy metals in the area....Despite that some residents are still worried the soil might be contaminated and they blame emissions from the [ASARCO] plant for making them sick."
http://www.kristv.com/news/soil-testing-near-shuttered-asarco-plant/

"Nevada Prosecutor has been preparing to file criminal charges" against former ASARCO A.G. Swiss Bank President for gambling debts

Estate of North Shore businessman under judge's control

Oct 07, 2010 18:12 EDT (33 days ago)  on  Chicago Breaking News  (Original Article)

"The [Chicago] Tribune in August first outlined [Mikhail] Katamanian's [President of ASARCO A.G. Swiss bank]  eight-figure debts and the legal battle brewing over his estate since his death in Switzerland at age 53.

The report also outlined how, at the time of Katamanin's death, a Nevada prosecutor had been preparing to file criminal charges against Katamanin over the millions in total that, according to court and casino records, he owned to various Las Vegas gambling establishments.

[The Judge] also appointed Lake County Public Guardian Keith West to oversee the identification and liquidation of Katamanin's assets...Parties in the case are due back in court Nov. 15..."

Investors allege Sham ("spoof") Silver-Futures by HSBC Holdings Plc and JPMorgan Chase & Co.

http://www.bloomberg.com/news/2010-09-25/u-s-state-officials-investigate-after-gmac-halts-evictions.html

Laskaris v. JPMorgan Chase & Co., 10-08157
Beatty v. JPMorgan Chase, 10-08146, U.S. District Court, Southern District of New York (Manhattan)

"JPMorgan, HSBC Accused of Manipulating Silver Futures
By Joel Rosenblatt and Bob Van Voris - Oct 27, 2010 10:27 PM MT

"HSBC Holdings Plc and JPMorgan Chase & Co. were accused in an investor’s lawsuit of placing “spoof” trading orders to manipulate silver futures and options prices in violation of U.S. antitrust law....The investor...alleges that starting in March 2008, the banks colluded to suppress silver futures so that call options, or the right to buy, would decline, and put options for the right to sell would increase....A separate, similar complaint filed yesterday....and naming the same banks as defendants, claims a whistleblower contacted the CFTC last year and reported the banks’ conspiracy to suppress prices of silver futures to profit from “enormous” short positions in silver futures"

Grupo Mexico Finance Director from 1994-2003 (and Asarco CEO for 2 yrs) now is on El Tigre Silver Corp. Board

"El Tigre Silver Corp. ("El Tigre" or the "Company") ... is pleased to welcome to its board of directors Mr. Daniel Tellechea....From 2003 to 2005, Mr. Tellechea was President and CEO of Asarco LLC ("Asarco") [Asarco Inc. - it became an LLC in 2005] . Previous to that, from 1994 to 2003, Mr. Tellechea served as the Managing Director of Finance and Administration of Grupo Mexico, Asarco's [present] parent corporation. For the period between 1999 and 2003, he also served as Asarco's Chief Financial Officer and as Vice-President of Finance for Southern Peru Copper Corporation, which was majority owned by Grupo Mexico"
http://www.marketwatch.com/story/el-tigre-appoints-new-director-2010-11-09?reflink=MW_news_stmp

Clients apparently included Asarco AG (Asarco Inc., Asarco SA) President

http://www.marketmicrostructure.org/about.html

"Established in 1999, the European Market Microstructure Institute (Европейский Институт Микроструктуры Рынка) provides Russian institutional investors with market microstructure modeling, quantitative research, consulting, and investment strategies with a focus on market maker behaviour for Eurozone index futures and oil futures....Representative Clients  [included] Bahrain International Bank; Banc Caribe; Bank Menatep (Group Menatep); British Trade and Commerce Bank; CreditTrust; Dialog-Optim Bank; Dr. Bent Hansen; Dr. Frank Modigliani; Dr. Reginald Zelnik; Dr. Richard Holton; Fargoil; Global Direct Dealing AG; Gold Bear (Moscow); Kommerchesky Bank Sberezheny; Mr. Alexander Slesarev; Mr. Andrei Kozlov; Mr. Jean-Pierre Aguilar; Mr. Konstantin Meshcheryakov; Mr. Mikhail Borisovich Khodorkovsky; Mr. Mikhail Katamanin; Mr. Oleg Zhukovsky; Mr. Stephen Curtis; Mr. Vladimir Dubov; Prof. Coimbatore Krishnarao (C.K.) Prahalad; Prof. Kuldeep Shastri; Promeximbank; Ratibor; Ratimer; Sir Clive Granger; Sodbusinessbank; Yukos Oil".

Asarco A.G.'s deceased President Mikhail Katamanin Chicago Lakefront estate to be settled in Lake County, not Russia

October 7, 2010 5:12 PM

".....the Highland Park home -- as well as an adjacent mansion at 975 N. Sheridan Road, in which Katamanin's relatives apparently lived -- were owned by a trust in Katamanin's name.

[the Judge] also appointed Lake County Public Guardian Keith West to oversee the identification and liquidation of Katamanin's assets and then distribute the assets to his heirs and many creditors.

Parties in the case are due back in court Nov. 15, at which time Kennedy said he plans to file a petition to recover assets for Plymouth Consultants."

http://www.chicagobreakingnews.com/2010/10/estate-of-north-shore-businessman-under-judges-control.html

http://www.chicagotribune.com/news/local/northnorthwest/ct-x-n-katamanin-20101015,0,5328102.story

Mansion owned by recently deceased President of the Swiss bank called ASARCO A.G. (Asarco Inc., Asarco SA)

(after you click on this link, look for "play slideshow" to see the slides of the property from the realty database)
Lakefront mansion

"(ASARCO LLC) Bankruptcy Litigation Team Offi ce of the General Counsel, Washington, D.C." "pollution control team"

'American Smelting and Refi ning Company (ASARCO LLC) Bankruptcy Litigation Team OGC: "Pollution Control Team" '
"Image taken on 2010-08-03 13:22:03 by USDAgov" see
http://bankruptcyscotland.com/10di1454-0044-pollution-control-team-american-smelting-and-refi-ning-company-asarco-llc-bankruptcy-litigation-team-ogc.html

"62nd Honor Awards ceremony held on August 3, 2010 in the Thomas Jefferson Auditorium at the U. S. Department of Agriculture in Washington, DC. Agriculture Secretary Tom Vilsack and Assistant Secretary for Administration Pearlie Reed present the award to Pollution Control Team - American Smelting and Refining Company (ASARCO LLC) Bankruptcy Litigation Team Offi ce of the General Counsel, Washington, D.C., group leader Ronals S. McClain for successful recovery of over $171 million in the ASARCO LLC bankruptcy to be used for environmental cleanup and natural resources restoration at 12 contaminated sites of Forest Service land."
http://www.flickr.com/photos/usdagov/4859616665/in/photostream/

Project Navigator Trustee Website : public input....... less than one week left and counting

Community has almost the full six weeks left to comment on the first two:
Demolition Health and Safety Plan (HASP), October 8, 2010
Draft Final Site Health and Safety Plan, October 8, 2010


Community has less than a week left to comment on the following:
Draft Community Assurance Plan (CAP), September 2010
Draft Community Relations Plan, September 2010

Asphalt Cap at Asarco El Paso TX more than a foot thick next to storm ponds

[click on image to zoom] This image is from
http://www.recastingthesmelter.com/wp-content/themes/recastingasarco/images/community_scholars_02.jpg

"Malcolm Pirnie responsible for IDENTIFYING ANY DATA GAPS" at the Asarco El Paso site...

"On May 20th [2010] the Site Trustee selected Malcolm Pirnie (www.pirnie.com) as the Environmental Engineering Consultant. Malcolm Pirnie has a high-level of experience successfully completing similar complex remediation jobs in Texas. The initial tasks of the consultant will be to: create an updated Site safety plan, analyze past site data and identify any data gaps and participate in the City’s upcoming charrette process."

Malcolm Pirnie is represented locally by a senior Project Manager and El Paso City School Board Trustee, David Dodge.  Mr. Dodge's resume, online at recastingthesmelter states that he is a member of the Paso del Norte Group. 

Santa Teresa Int. Port of Entry: 10 miles from the Asarco El Paso toxic epi-center

[click on map to zoom it in separate window]

UTEP CERM Director, Project Navigator, and Malcolm Pirnie ASKING FOR STUDENT INTERNS TO WORK at ASARCO EL PASO remediation-site

NO MENTION TO THE STUDENTS ABOUT POTENTIAL EXPOSURE TO UNDISCLOSED TOXINS.  THE EPA TOLD THE DOJ  ASARCO EL PASO HAD CONDUCTED NEARLY TEN YEARS OF ILLEGAL HAZ-WASTE INCINERATION-FOR-PROFIT.   Will these students be given haz-mat protection? 
http://www.recastingthesmelter.com/wp-content/themes/recastingasarco/downloads/UTEP-STUDENT-INTERNSHIPS.pdf

"Successful applicants will be employees of Malcolm Pirnie for one semester, working for 8-10 hrs/week, and assigned to one of the three teams of scientists and engineers working on-site at the ASARCO Remediation Project. Interns will be required to submit a report describing their experience and will be eligible for academic credit. Salary: $12/hr"

TCEQ says that ASARCO contaminated groundwater beneath El Paso Texas (this is within the Rio Grand alluvium)

"In accordance with the 1996 Agreed Order, ASARCO submitted the first Remedial Investigation (RI) Report on October 9, 1998. Subsequent RI Phase II, III & IV reports were submitted in July 2000, November 2001 and September 2003, respectively. The RI Report indicates the groundwater was impacted by plant operations. Since the process pond water and groundwater are interconnected, the process pond water is most likely the main source for metals in the groundwater"

surface soil ARSENIC AT 17,000 MG/KG at the ASARCO EL PASO SITE

"The elements which comprise the Chemicals of Concern (COC) at the [ASARCO] El Paso facility include arsenic (As), cadmium (Cd), chromium (Cr), copper (Cu), iron (Fe), lead (Pb), selenium (Se) and zinc (Zn). The most prevalent COCs are arsenic, lead, and cadmium. The highest on-site surface soil concentrations are arsenic at 17,000 mg/kg; lead at 49,000 mg/kg; and cadmium at 3,500 mg/kg."

http://www.tceq.state.tx.us/remediation/sites/asarco/media

October 6 - Public Hearing on the Texas Rail Plan

Fellow Texan:

The Texas Department of Transportation (TxDOT) is in the process of developing a comprehensive rail plan for Texas. The Texas Rail Plan will serve to guide future actions of TxDOT in cooperation with our rail partners as we work to meet the freight and passenger rail needs of the state.

We have traveled throughout the state this year conducting seven rail visioning workshops and ten public meetings to hear your ideas and get your input regarding the future of our state's rail system. Through this process we have developed a draft of the Texas Rail Plan that is ready for your review and feedback at the link referenced below.

We will hold a final public hearing on October 6, 2010, at 1:30 p.m. (CST) at the TxDOT Auditorium in Building 200, Room 1A-1 at 200 East Riverside Drive, Austin, Texas. If you are unable to attend the hearing, we encourage you to visit our website at: http://www.txdot.gov/public_involvement/rail_plan/default.htm to review the draft document and provide comments. The mailing address, if preferred, is also available at this link.

Following the public hearing, and a 30-day comment period, we will analyze the feedback and finalize the plan for submittal to the Texas Transportation Commission for adoption. Afterwards, TxDOT will submit the Texas Rail Plan to the Federal Railroad Administration for coordination with the National Rail Plan.  The plan will also be made available to the Texas legislature for their consideration.

TxDOT values your participation in laying the foundation for the Texas Rail Plan and creating a vision for the future of rail in Texas. We hope you will participate in this important planning process.

... inquiries may be directed to AskTxDOT@dot.state.tx.us

Texas Department of Transportation * 125 E. 11th Street * Austin, TX 78701 * (512) 463-8585

"(AMM) Asarco's legal battles rage on despite Chapter 11 exit" Federal DOJ, TX/WA/MT lose big

"Google Alert

(AMM) Asarco's legal battles rage on despite Chapter 11 exit
Metalbulletin.com (subscription)
Asarco LLC's legal team received a reprieve Sept. 29 when a Texas judge denied substantial contribution claims made by the US government and three states in ..."

"NEW YORK 01 October 2010 Asarco LLC's legal team received a reprieve Sept. 29 when a Texas judge denied substantial contribution claims made by the U.S. government and three states in the company's Chapter 11 bankruptcy case. Judge Richard Schmidt of the U.S. Bankruptcy Court for the Southern District of Texas rejected applications by Texas, Washington, Montana and the U.S. Department of Justice for more than $22 million in fees and expenses associated with Asarco's bankruptcy. According to Schmidt's memorandum opinion, the government movants had already received payment in previously settled environmental claims. "

"Mine giant Grupo Mexico gains upper hand in Sonora : Asarco workers here worry that union losses in Cananea dispute could carry over"

http://azstarnet.com/business/local/article_413da48c-6854-5956-881f-5d70a8551b27.html

"CANANEA, Sonora - The Mexican conglomerate that owns Tucson-based Asarco LLC is winning a long labor conflict south of the border, a victory that could reverberate across North America....Arizona mining contractors, such as Tucson-based Modular Mining Systems, are benefiting from the re-opening of the massive mine by making sales there....This outsourcing of labor tells Bensusan, the Mexico City researcher, that Grupo Mexico is winning in its effort to undercut independent unions...."

ASARCO Denver CO site -- "assumption of environmental cleanup"

compare this clean-up with Superfund effort at Asarco E. Helena MT 

"Google alert
Colorado business park to get funds - The Denver Post
The 77-acre former Asarco property north of downtown is targeted for 1.1 million square feet of industrial development after it is cleaned up. ...
www.denverpost.com/commented/ci_16211013?source...
"

"After the site is cleaned up, Adams County will contribute $10 million to develop the site from a grant it received from the U.S. Department of Housing and Urban Development. .....Brownfield Partners reached an agreement with Asarco in 2006 to buy the property out of bankruptcy. At the time, it said it would redevelop the site as a high-end industrial business park.   ....Asarco valued the transaction at about $8 million, largely as a result of the liability transfer, assumption of environmental cleanup and decommissioning of the facility."

Testing at Asarco [El Paso] : Has XRF been used and if not, why [and what about RADON]

Mr. Puga:

Current research by M.D.'s (2009) show significant radon contamination throughout El Paso - heavily associated with the dirt outside of homes, and they recommend clean-up.  The levels are very significant.  It is very interesting that you state "El Paso County has low radon potential" when the medical doctors are finding radon to be a huge problem here. 

We already know from the EPA that El Paso TX had the highest Beta Radiation levels in the nation just before Asarco El Paso shut down in 2/99.  Mr. Bill Luthans asserted that this was "naturally occurring radiation" (or "NORM"/"TENORM") and said it was not a problem - but could not provide data to back-up his statement that the radiation was not a problem.

You are incorrect to state that "Radon gas, which is a naturally occurring substance, is not measured using XRF methods".   Radon is an element that appears from radium decay, and can be detected with many different methods.  It is radioactive and hazardous to our health.  

You did not provide any links or documents showing any XRF data from ASARCO.  In fact, Asarco El Paso refused to allow XRF technology to be tested on-site) to determine what chemicals have been left here by the nearly ten years of illegal, untracked, incineration of both military and industrial wastes for profit by Asarco El Paso.  

I would like to know why Project Navigator continues to dodge the question of the illegal chemical residues at the site.  I would like Project Navigator to provide data showing the radon, radium and radio-isotope levels at the site. 

EPA has provided proof now that ASARCO handled radioactive materials.

I would like to know who Mary Koks is (you copied her on your reply) at <mkoks@munsch.com>; and, why you felt it necessary to also copy the TCEQ attorney, Caroline Sweeney on your reply.  Are Radon and NORM/TENORM at ASARCO something that Project Navigator is afraid to discuss with the public?

Details about what chemicals have been left here by the nearly ten years of illegal, untracked, incineration of both military and industrial wastes for profit by Asarco El Paso continue to be kept secret; but, such secrecy/gag is likely illegal now that the Federal Dept. of Justice made the confidential-for-settlement-purposes-only EPA-DOJ-Asarco agreement public domain.   

Project Navigator should honor the intent of this public-domain-release of information; and, also the La Paz Accord JAC committee International Recommendation (to measure background contamination levels).   To continue to withhold full disclosure from the public about the poisons remaining around this site is ethically and morally wrong; potentially places the elderly, the young, the unborn and the ill in grave dangers that could be averted; and potentially puts Project Navigator in the sad role of making profits in a fake clean-up at the expense of our future generations.

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

Subject:	RE: Testing at Asarco: Has XRF been used and if not, why
Date:	Thu, 30 Sep 2010
From:	Roberto Puga <rpuga(at)projectnavigator.com>

Hello  ---,

 

Thank you again for your continuing interest in this project.  We offer the following responses to your questions:

 

1. Laboratory-type X-ray fluorescence (XRF) methods were employed in the past by Asarco to measure metal concentrations in soils and slag. Any results relating to X-ray and other analysis reported to the various regulatory agencies are documented in the remedial investigation reports produced for the site. These reports are available in the public record from the TCEQ and on the Trust website. 
2. Remedial contractors typically employ portable XRF screening tools for qualitative measurements during remediation of metal impacted sites.  The approved use of any analytical tools which may include XRF screening tools will be outlined in the appropriate work plans and procedures which will be posted on the Trust website.
3. Radon gas, which is a naturally occurring substance, is not measured using XRF methods, and in any case is not a constituent of concern at the site.  According to the Texas Department of State Health Services, El Paso County has low radon potential.  Outside ventilated, above-grade commercial buildings, which includes the plant office, (the only occupied building on the site) are generally not surveyed for radon.  Since radon is not a constituent of concern and there is no indication of radon sources there is not a concern for radon accumulation.  Testing requirements for constituents in stormwater runoff are detailed in the site discharge permit, which does not include radon.
4. The Trust has been extraordinarily transparent in all of its activities, and has posted requested information on its web-site.  The Trust will continue its policy as it completes its mission for the site.
5. We advise every one of the potential hazards at the site, and our Health and Safety program mandates training, personnel protection and monitoring for workers that may come in contact with constituents of concern.

 

Regards,

 

Roberto Puga

Trustee

 

---

From:
Sent: Saturday, September 18, 2010
To: Roberto Puga; Elizabeth Schell
Subject: Testing at Asarco: Has XRF been used and if not, why

 

To:  Project Navigator
Fr:  ---
sb:  XRF technology

Has XRF technology been used to test at the ASARCO El Paso site, and if not, then why not?

If XRF technology has been used then please advise us to the results of that testing.

XRF can detect Radon (element #86).  It is radioactive and is a known health hazard.  What were the results for Radon within the buildings and for the run-off/effluent water from ASARCO?

Do I need to force further disclosure through a P.I.A. or FOIA?  Please let me know.

Please also advise your potential contractors about the years of illegal toxic-waste burnings at Asarco; and, also advise any potential Project Navigator-UTEP interns of child-bearing-age of these chemicals.

- ---

Center for Biological Diversity and Sierra Club lawsuit Asarco llc, the BLM and the Department of the Interior : Circuit Judge reverses decision of the district court that approved BLM actions

"

OPINION

W. FLETCHER, Circuit Judge.

The Center for Biological Diversity, the Western Land Exchange Project, and the Sierra Club (collectively, "Appellants") bring suit against Asarco LLC ("Asarco"), a mining company, and the Department of Interior and the Bureau of Land Management (collectively, "BLM"). Appellants contend that the BLM's approval of a land exchange violates the National Environmental Policy Act ("NEPA"), 42 U.S.C. §§ 4321-70; the Federal Land Policy and Management Act ("FLPMA"), 43 U.S.C. §§ 1701-87; and the Mining Law of 1872, 30 U.S.C. §§ 21-54.

If the proposed exchange does not occur, the land will continue to be owned by the United States. In that event, Asarco will be permitted to conduct mining operations on the land only if it complies with the Mining Law of 1872. Specifically, Asarco will not be able to conduct a new mining operation on the land without first submitting a Mining Plan of Operations ("MPO") to the BLM. The MPO would have to include detailed information about the operations, management, monitoring, and environmental impacts of the proposed mining activities. The BLM would then have to approve the MPO before the new mining could proceed.

If the proposed exchange occurs, Asarco would take fee simple ownership of the exchanged land. In that event, Asarco's use of the land would not be subject to the requirements of the Mining Law of 1872. Asarco has spent sixteen years, and considerable amounts of time and money, seeking to achieve private ownership of the exchanged land, which would allow Asarco to avoid having to prepare the MPOs that are required so long as the land remains in public hands.

As part of the process of approving the land exchange, the BLM prepared a Final Environmental Impact Statement ("FEIS") pursuant to NEPA. In the FEIS, the BLM assumed without analysis that the MPO process would impose no constraints on, and would have no effect on, the manner in which Asarco would conduct new mining operations on the exchanged land. That is, the BLM assumed that the manner and extent of Asarco's new mining operations would be the same whether or not the United States owned the land. Because of this assumption, the BLM did not compare the environmental effects of exchanging the land with the effects of not exchanging the land.

Under these circumstances, we hold that the BLM has not "taken a `hard look' at the environmental consequences of its proposed action" in violation of NEPA, and that its action was therefore arbitrary and capricious. Blue Mountain Biodiversity Project v. Blackwood, 161 F.3d 1208, 1211 (9th Cir. 1998). We also hold that the BLM's approval of the proposed land exchange was a violation of FLPMA and similarly arbitrary and capricious. Webb v. Lujan, 960 F.2d 89, 91 (9th Cir. 1992). We therefore reverse the decision of the district court approving the actions of the BLM.

."

USA sues Asarco, llc (FKA Asarco, Inc. -- see Swiss Asarco Bank [Asarco A.G.] associated with Asarco SA/Asarco Inc.)

"Google Alert:
USA v. ASARCO :: Justia Dockets & Filings
US Court of Appeals, Ninth Circuit - Other Statutes - Environmental Matters - USA v. ASARCO - Justia Federal Dockets and Filings.
dockets.justia.com/docket/circuit-courts/ca9/10-35824/
"
"

Defendant - Appellant:	ASARCO, LLC, FKA ASARCO, Inc.
Plaintiff - Appellee:	UNITED STATES OF AMERICA
Case Number:	10-35824
Filed:	September 17, 2010
Court:	U.S. Court of Appeals, Ninth Circuit
Nature of Suit:	Other Statutes - Environmental Matters
Previous Case:	United States v. ASARCO, Inc. (6:1998cv00003)

"

Will TXDOT conceal the illegal secret chemicals at ASARCO El Paso, too??

How far does the corruption and secrecy extend?  

Google Alert
"Fix for UTEP traffic jam: $7M overpass
El Paso Inc
It's a much more complicated project, TxDOT officials say, since it involves historic neighborhoods, the former Asarco property and railroads, ..."

DOJ Asarco settlement agreement filing August 24, 2010 in Texas : Kelly Camp Mine, Bruce Gelber, Alan Tenenbaum, David Dain, Eric Albert, Ramos, Barron

"Google Alert:
USDOJ: Environment and Natural Resources Division : IN RE ASARCO, LLC
ENRD Home | Proposed Consent Decrees | IN RE ASARCO, LLC. Case, Comment Period. IN RE ASARCO, LLC, 09/10/10 - 10/12/10. Settlement Agreement 0.36 MBytes ...
www.justice.gov/enrd/3557.htm
"

2010 Sept. 8: Government argues that 75 mil settlement with former Asarco principal bondholder Citigroup is"fair, adequate, reasonable and in the public interest."

2010 Sept. 8:  "The government is defending as "fair and adequate" its $75 million settlement with Citigroup Inc. over charges it misled investors about billions in potential losses from subprime mortgages....The $75 million represents less than 0.3 percent of Citigroup's $22.07 billion in revenue in the second quarter of this year, the SEC noted....The bank has nearly $2 trillion in assets...."

http://www.star-telegram.com/2010/09/08/2453998/sec-defends-75-million-deal-with.html#ixzz0z1RR9YZS

Morgan Stanley bank backs out of Revel Casino in New Jersey (April 2010)

Morgan Stanley bank backs out of Revel Casino in New Jersey

April 2010:  "...[Morgan Stanley] says it will be selling its stake in Revel Entertainment Group LLC's Revel casino in Atlantic City, N.J. The investment bank, which had invested $1.2 billion into the project, says it will "take a substantial loss...Morgan Stanley will be getting cents on the dollar."

Asarco Swiss Bank deceased President "Mikhail Katamanin's assets spark a legal brawl..."

"Google Alert: Mikhail Katamanin's assets spark a legal brawl
Detroit Free Press
Lawyers for the Swiss company, Asarco, and an attorney for his two adult sons declined to comment. One of the sons, Dean Katamanin, also declined to comment ..."

(for more information do a search within the epgtlo.blogspot.com blog for "Asarco A.G." or "Katamanin" or "Asarco Swiss bank")

Asarco A.G. (Swiss Bank) president died 12-09 without filing bankruptcy papers ... attorneys argue that estate should be settled in Russia...

"....Katamanin also had a home in Switzerland and two apartments in Moscow, according to court filings. In the final year of his life, his passport was stamped 54 times in eight countries, records show....A Russian citizen, he died at age 53 in December in Zurich...of a heart ailment....In March 2008, Katamanin and a man representing himself as an agent of Asarco [Asarco S.A., Asarco inc.] signed the loan agreement under which Plymouth agreed to transfer $12 million into Katamanin’s Swiss bank account, the agreement states. But lawyers ...say...his estate should be settled under Russian law."

http://www.chicagobreakingnews.com/2010/08/dead-businessman-leaves-behind-pile-of-debt-battle-for-assets.html

Asarco Hayden will smelt siliceous flux for gold and silver

"Google Alerts
Santa Fe Gold Supplies Trial Shipment of Siliceous Flux to Arizona ...
Santa Fe Gold Corporation (OTCBB:SFEG) is pleased to announce it has contracted with ASARCO LLC ("Asarco") to supply a trial shipment of 1000 tons of ...
story.albuquerqueexpress.com/index.php/ct/9/.../38146371/
"

""This initial trial of siliceous flux to Asarco's Hayden smelter, together with a similar trial conducted earlier this year with Freeport-McMoRan Miami's smelter, is expected to lead to long term contracts," said Pierce Carson, President and Chief Executive Officer. "Flux sales potentially could be quite significant to Santa Fe and could account for a substantial portion of ore mined at Summit."

Asarco El Paso TX Smelter stack to be brought down BEFORE DISCLOSING WHAT SECRETS TOXINS REMAIN

What do the Environmental Officials/DOJ and ASARCO continue to hide?  They are removing the Asarco stack before they disclose what toxins remain in the region from the years of illegal hidden waste-incineration.  Stacks can prove the point-source of industrial emissions down to the dust-particle level (SEM analysis) and easily assign monetary blame and responsibility. 

The La Paz Accord Internation Joint Advisory Committee for Air passed a resolution over 18 months ago recommending a comprehensive study to show what the background contaminants were in the Paso del Norte and the EPA HAS NOT RESPONDED.  People within the EPA, the DOJ and TCEQ continue to dodge the questions.  No study has been done to determine what actinides remain here or how much radioactive nickel or polonium etc. from the years of unlisted, secret waste burning.  Despite six years of asking, the community have yet to get answers.


"Google Alerts
Asarco Demolition Date Scheduled | KTSM News Channel 9
Asarco Demolition Date Scheduled. By Alexa Helms Multimedia JournalistAnchor ... Opinions vary on what to do with the Asarco smokestacks ...
www.ktsm.com/news/asarco-demolition-date-scheduled
"

Asarco rewards those who kept the secret of the corrupt illegal haz-waste El Paso CONTOP incineration with promotions and retirement

Instead of full disclosure to the taxpayers of El Paso County and the community of the Paso del Norte region, the former Manager and the person in charge of the world's two largest CONTOP furnaces got full retirement and promotion.

Instead of prison.

While Asarco employees as a group slowly die from terrible cancers, m.s., and other diseases commonly associated with exposure to industrial poisons, the managment who let this happen and did not disclose what was going on get retirement and promotion.

Where is our Federal oversight, where is our Federal Dept. of Justice?  Why are taxpayers and employees being left in the dark while the company management escapes accountability for what the EPA secretly told the Federal DOJ was illegal activity done over almost a DECADE?!

Asarco General Manager Retires MyHighPlainscom
Larry Castor, general manager of the Asarco Amarillo Copper Refinery, is retiring effective Aug. 31, after 34 years with the company.
myhighplains.com/fulltext?nxd_id=151065

"Castor ... and his wife, Joni, plan to take off the next two years to explore and spend time in various places in the U.S. and abroad....Jones...will become the seventh general manager of the Asarco Amarillo Copper Refinery since start of operations in 1975."

March 2010 Whistleblower exposes J.P. Morgan Chase [Asarco had a "$450 million Revolving Credit Agreement with J.P. Morgan Chase & Co] precious metals market manipulation

"A London trader walks the CFTC through a silver manipulation in advance"

..."On March 23, 2010, GATA Director Adrian Douglas was contacted by a whistleblower by the name of Andrew Maguire. Maguire is a metals trader in London. He has been told first-hand by traders working for JPMorganChase that JPMorganChase manipulates the precious metals markets, and they have bragged to how they make money doing so."

April 11, 2010 New York Post:
Metal$ are in the pits Trader blows whistle on gold & silver price manipulation by MICHAEL GRAY

"Maguire -- in an exclusive interview with The Post -- explained JPMorgan's role in the metals pits in both London and here, and how they can generate a profit either way the market moves.

"JPMorgan acts as an agent for the Federal Reserve; they act to halt the rise of gold and silver against the US dollar. JPMorgan is insulated from potential losses [on their short positions] by the Fed and/or the US taxpayer," Maguire said."

May 24, 2010
Serious manipulation’ Of Gold Silver Markets

"...Maguire rebuked the CFTC: “It is common knowledge here in London among the metals traders that it is JPM’s (JPMorgan Chase’s) intent to flush out and cover as many shorts as possible prior to any discussion in March about position limits. ....WND asked JPMorgan Chase to reply to Maguire’s charges. “We have no knowledge of who Andrew Maguire is,” Brian Marchiony, a spokesman for JPMorgan Chase told WND. “We have no comment on Maguire’s charges.”

"USW Announces Observers for Strike at Mexican [ASARCO's old owner Grupo Mexico] Copper Mine"

 

"PITTSBURGH, Aug. 20 /PRNewswire-USNewswire/ -- Leo W. Gerard, International President of the United Steelworkers (USW), today announced a cross-border effort is being undertaken to place a rotating team of international observers in northern Mexico's city of Cananea to monitor the presence of 3,000 illegal federal police who are intimidating striking copper miners of the Los Mineros independent union....USW National Director for Canada Ken Neumann in Toronto – has also called on Mexican President Felipe Calderon to assist a peaceful resolution of the strike, which is mainly over issues of health and safety....According to Los Mineros strike leaders, the Mexican government is behind recent actions that have begun terminating electric power at some of the strikers' homes as another example of attempts to intimidate and frustrate their standing up for their rights under Mexican labor laws...."

Project Navigator Trustee Office dodges Asarco Waste and Water Contamination questions

Ms. Schell,
the following makes no scientific or "legal" sense. Surely Project Navigator can provide better answers than this and not waste our time.

See my response.

"[Project Navigator]Response: Both the GAO and EPA have fully investigated and reported on the hazardous waste issue involving Encycle and Asarco. In a February 16, 2010 letter to the EPA, several environmental groups presented eight (8) different issues they had with the cleanup of the former ASARCO site. A major request/issue was # 3B: “EPA should make public all information concerning the type, source and amounts of hazardous waste that were illegally incinerated at the facility.” In their May 11, 2010 response the EPA supported TCEQ’s determination that ASARCO was a metal contaminated site and that “EPA has no data that “product” sent by Encycle to ASARCO contained organic chemicals.”

"

GAO did NOT investigate ASARCO. In fact, your "legal" argument is one that the ASARCO attorney himself gave me over the telephone and it is flat out wrong. If you phone the G.A.O. you will be able to confirm for yourself that the investigation was not about ASARCO but about how the military in general handled hazardous waste disposal - and that the GAO included the Asarco handling of RMA (Rocky Mt. Arsenal) waste only as one of many examples they studied. As far as the EPA "full investigation", please READ the 1998 EPA to DOJ Asarco confidential for settlement purposes only document in which the EPA stated that ASARCO had burned unmanifested illegal hazardous waste for profit for years. Rep. Reyes made a public statement soon after declaring that ASARCO had paid millions of dollars on the condition that the details of what it had done would never become public. Yet, this matter is now in the public domain with that release of the DOJ EPA asarco confidential for settlement purposes only document.

As far as your quote stating “EPA has no data that “product” sent by Encycle to ASARCO contained organic chemicals.” -- Please clarify -- I never asked you to test for organic chemicals from Encycle even though we know that the site is contaminated with PCB's and Dioxins (all secondary smelters are producers of the latter). I have asked our environmental agencies to test for actinides and radioactive isotopes -- and, this has not been done. So, since "...in their May 11, 2010 response the EPA supported TCEQ’s determination that ASARCO was a metal contaminated site" WHY HASN'T THIS TESTING (metals and transition metals) BEEN DONE?

Ms. Schell, you write that current onsite electrical workers did not contact Asarco waste [ "PNL workers fully are trained and informed about any current or potential site hazards and are outfitted accordingly. Workers performing electrical work are not in contact with waste and therefore do not need hazmat gear to perform the work. Additionally, workers have been informed of any on site risks."]. This is inherently incredulous, Ms. Schell,
since TCEQ/EPA/Asarco have all documented the heavy industrial-levels-of-contamination at that site with arsenic, and this is odorless, tasteless and documented as being in the air there. Those workers were not wearing masks made to remove vapors or nanoparticles of arsenic.

We ask that the Trustee now address the problem honestly. The International JAC La Paz Accord group has also asked for full disclosure of the Asarco background chemicals left here from its operations. This should include testing for polonium, lead isotopes including radioactive ones, radon, radium precursors for radon, actinides including tritium, uranium, plutonium, and any isotopes from naturally occurring radioisotopes.

In regards to the ammonia-tank. I did not ask about a tank being removed. I asked why a tank was added, and what it had been used for while this site was supposed to have been "idled".

In regards to your statement that "the Trustee will maintain this storm water system through closure of the site. The storm water system that will remain after closure has not been designed yet. " Please explain to me how this present storm water system meets the conditions of the 9-2006 SW-5 permit that says that all stormwater from the Asarco site will be handled via the City stormwater system and not discharged to the RioGrande. According to your statement "SW-5 is located at the western edge of the Former Asarco plant property and discharges through a culvert below the B.N.& S.F. railroad tracks. The permitted discharge for storm water goes into the Rio Grande". THIS SITE IS NOT PERMITTED FOR DISCHARGING STORMWATER TO THE RIO GRANDE, THE AMERICAN CANAL or PAISANO.

Incorrect Asarco Bankruptcy Powerpoint for U.S. EPA HQ, OECA/OSRE,Superfund Symposium,Indianapolis, Indiana,August 10-12, 2010

To:  Mr. Elliott J. Gilberg, Director Wa. D.C. EPA Office of Site Remediation and Enforcement
Fr:   El Paso TX
sb:  Asarco Bankruptcy Powerpoint for U.S. EPA HQ, OECA/OSRE,Superfund Symposium,Indianapolis, Indiana,August 10-12, 2010
http://www.astswmo.org/files/meetings/2010SSMS/Presentations/Gillberg-ASARCO_Bankruptcy-Handout.pdf

Mr. Gilberg,

Your powerpoint leaves out the EPA-DOJ Asarco Confidential-for-Settlement-Purposes-only document in which the EPA proved ASARCO illegally burned secret (unmanifested) hazardous-wastes deliberately for profit for nearly ten years here in El Paso TX and also E. Helena  MT.
http://archives.newspapertree.com/Asarco/asarco_1998_memo.pdf

I would like to know why you did not let conference attendees know about this massive almost-decade-long burning of illegal wastes from both military and industrial sources - this proof was released by the DOJ in 2006 (see NYTIMES 10/2006) and now is in the public domain after eight years of secrecy.

ASARCO Bondholder Citigroup's head of Latin America team handled CEMEX acquisition of RMC and a 1.1 Billion$ offer for Grupo Mexico S.Peru Corp.

Link to Warton Finance Document 2005

"John Boord heads Citigroup Global Markets' Latin America Investment Banking
team....The Citigroup Latin America Investment Banking
team has recently been involved in a number of high-profile transactions
including:
- advising Cemex on the acquisition of RMC Group PLC in Europe,....and a $1.1 billion
offering for Southern Peru Copper scheduled to come to market next week."

Atlantic City Casino and ASARCO A.G. Swiss Bank-President Mikhail Katamanin

"Foreign investor Mikhail Katamanin, who in May was hit with a $12-million foreclosure lawsuit on his Highland Park mansion, filed a personal bankruptcy petition June 6 [2009] in U.S. Bankruptcy Court in Chicago.... His debts are described as “primarily consumer,” and the list of creditors includes Atlantis at Paradise Island Resort & Casino in the Bahamas, Caesars Palace Las Vegas Hotel & Casino and Trump Taj Mahal Casino Hotel in Atlantic City. Chicago lawyer Kori Bazanos, who represents Mr. Katamanin, declined to comment. Related story: Lender asserts claim on lakefront mansion"

http://www.chicagorealestatedaily.com/cgi-bin/news.pl?id=34626

"A Caribbean investment company has sued to collect on a $12-million loan ...the property is held in trust by Swiss company Asarco A.G., which Mr. Mikhail [Katamanin] controls, according to the complaint and public records....lawyer Irving Drobny, who represents Asarco, is out of the country until next week, according to employees at his office....The claim also is to be arbitrated in Switzerland, according to the complaint."
http://www.chicagorealestatedaily.com/cgi-bin/news.pl?id=34626

March 2010 Philadelphia Inquirer .. discussing the “furor” over the involvement of the Chinese government in Morgan Stanley’s casino project Atlantic City

"Morgan Stanley is the financial adviser to Grupo Mexico, and Skadden Arps Slate Meagher & Flom LLP is the company's legal counsel."

http://www.bloomberg.com/news/2010-07-23/grupo-mexico-proposes-combining-asarco-southern-copper-mining-operations.html

"Reveling in Your Money

Posted: Tue, 30 Mar 2010 17:27:13 +0000

As we wait to see if Governor Christie will sign the bill that takes away the voter's right of referendum on a proposed $300 million tax break for Morgan Stanley's casino, two excellent new articles came out about the issue.

Paul Mulshine, an editorial writer with the Star Ledger, penned a piece entitled "Atlantic City's Revel casino: Wall Street's Reveling in your money."  In the piece, Mulshine wrote:

The prime backer of the half-finished Revel casino, Morgan Stanley, has put together a financing deal that relies on funding from the Chinese government. Yes, you read that right. The geniuses in Trenton are preparing to give a giant grant to a consortium of commies and Wall Streeters.

But as Doherty points out, both the Chinese and Morgan Stanley have plenty of money at the moment. Morgan Stanley got $10 billion in bailout funds, he said, so there's no reason they can't finish the project on their own.

Meanwhile, the Philadelphia Inquirer has a new article discussing the "furor" over the involvement of the Chinese government in Morgan Stanley's casino project."

ASARCO AMC SOUTHERN COPPER merger agreement being advised by Morgan Stanley and Skadden, Arps, Slate, Meagher & Flom LLP

SEC filing for AMC ASARCO SOUTHERN COPPER merger includes the following exhibit: 99.1

..."Our proposal is conditioned on, among other things: the negotiation and execution of a mutually satisfactory definitive merger agreement and related agreements and the satisfaction of the conditions set forth therein; the recommendation of the Transaction, the terms thereof and any agreement or agreements relating thereto by a committee of independent directors of Southern Copper to the Board of Directors of Southern Copper; approval of the Transaction and definitive merger documentation by the Boards of Directors of Southern Copper and Grupo México and the Board of Directors and sole stockholder of AMC; AMC’s satisfaction, in its sole discretion, with the results of its due diligence review of Southern Copper; receipt of any governmental and of existing lender and other third-party consents and approvals; and the absence of a material adverse change in the business, results of operations, financial condition, assets, liabilities and prospects of Southern Copper.

We have assembled a team of advisors including Morgan Stanley and Skadden, Arps, Slate, Meagher & Flom LLP..."

http://www.faqs.org/sec-filings/100723/SOUTHERN-COPPER-CORP-_8-K/a10-14572_1ex99d1.htm

ASARCO Bankruptcy is over, but workers remain sick

"Ex-Asarco employees seek reason for illnesses by Chris Roberts \ EL PASO TIMES"

" 'Records of the chemicals processed at the plant have been incomplete and in most cases unavailable...'   'People want to cover it up, take down the smokestacks and forget this ever happened,' ...'They (employees) gave this company decades of their healthy years, and all they get is pain.'     Calls to the Asarco headquarters in Tucson seeking comment for this story were not returned."

Workers in 1942

Click on image to enlarge.

"Worker at carbon black plant. Sunray, Texas, 1942. Reproduction from color slide. Photo by Worker at carbon black plant John Vachon. Prints and Photographs Division, Library of Congress"
see
http ://blogs.denverpost.com/captured/2010/07/26/captured-america-in-color-from-1939-1943/

ASARCO gave EPA monies "from the large Bankruptcy settlement" according to EPA OIG report

page 4
"as the Agency refraining from drawing down from the Superfund Trust Fund at the Bureau of Public Debt for 4 months because the Agency received collections from the large ASARCO Bankruptcy Settlement for Superfund that occurred in the FY 2010 first quarter."

page 5
...'The Agency reported to OMB that the $309 million increase in Collected Spending Authority from Offsetting Collections is primarily due to the ASARCO Bankruptcy Settlement for the Superfund program that occurred in the FY 2010 first quarter.
..."The Agency reported to OMB that the $262 million increase in Change in Unfilled Customer Orders – Advances Received is primarily due to the ASARCO Bankruptcy Settlement for the Superfund program that occurred in the FY 2010 first quarter."

page 10
"The Agency reported to OMB that the $294 million increase in Cashout Advances, Superfund, is primarily due to the ASARCO Bankruptcy Settlement for the Superfund program that occurred in the FY 2010 first quarter."
www.epa.gov/oig/reports/2010/20100719-10-2-0166.pdf

ASARCO former principle-bondholder Citigroup now ordered to pay SEC over 70 million in fines$

"Citigroup to Pay $1 for Every $500 in Subprime Exposure It Hid
by Marian Wang
ProPublica, Yesterday, 4:08 p.m.
Citigroup has agreed to pay the SEC $75 million to settle charges that the bank hid exposure to more than $40 billion [1] in subprime CDOs. (That works out to roughly $1 fine for every $500 worth of hidden exposure.) Read the full SEC complaint".
http://www.propublica.org/blog/item/citigroup-to-pay-for-75-million-for-hiding-exposure-to-subprime-cdos

[do search on "Citigroup" in blog search engine]
[also see epgtlo.blogspot.com/2009/07/citigroup-comment-on-pemex.html ]

Grupo Mexico proposed merger of railroad units

"We are expecting the notification ... of this ruling will be by the end of August," Octavio Ornelas, a director of the company's transportation arm, said on a conference call for investors....'If Cofeco appeals that ruling, then we will spend another six to nine months in order to have a positive ruling so we will have that consolidation ready by the end of the first quarter of next year,' he said....Ferromex and Ferrosur are clustered under Grupo Mexico's transportation division, Infraestructura y Transportes Mexico, or ITM...."

http://www.miningweekly.com/article/grupo-mexico-says-rail-merger-depends-on-regulators-2010-07-29

Texas Department of Transportation (TxDOT) comprehensive rail plan

Asarco El Paso three years ago.... railroads

"Out in the West Texas Town of El Paso" from May 16th, 2007, THE TEXAS OBSERVER

"...[Rep. Joe] Pickett speculated that [Senator Eliot] Shapleigh’s efforts to block El Paso County [TX] from building or acquiring a tolled railroad bridge [SB 893] was designed to help developers in neighboring New Mexico. 'If you were applying for a presidential permit or talking to the federal folks about where to do a bridge, it would seem to me it would help your cause in New Mexico if there was some statute or some language that said it couldn’t be done in El Paso County...To have something like this is very suspect.' 

Verde Corporate Realty Services, established by El Paso billionare Bill Sanders, owns approximately 20,000 acres adjacent to New Mexico’s Santa Teresa Port of Entry, which is about a 30-minute drive from downtown El Paso. "

http://www.texasobserver.org/blog/index.php?name=out-in-the-west-texas-town-of-el-paso/
[only cached version now works]

Santa Teresa Port of Entry is less than ten miles from the ASARCO El Paso stacks/site (Tacoma WA Asarco contamination zone went out 200 square miles or more).   For more information use keyword search in blog for "Punta Colonet", "Ferromex", "railroad", "Foxcon".

For more about Asarco Grupo Mexico's railroad, read this

"Out in the West Texas Town of El Paso" from May 16th, 2007, THE TEXAS OBSERVER

"There’s a been a lot of talk of relocating rail lines to Santa Teresa, which would obviously benefit Sanders’ business parks. One 2003 study, which was prepared for the city of El Paso, recommended moving many regional urban rail facilities to Santa Teresa, including the Union Pacific and Burlington Northern Santa Fe’s rail yards in El Paso, as well as the Ferromex rail lines in Juárez.
In addition, Union Pacific Corp’s planning a $150 million terminal just four miles west of Santa Teresa that may process as many as 100,000 container units per year, according to news reports."

http://www.texasobserver.org/blog/index.php?name=out-in-the-west-texas-town-of-el-paso/
[only cached version now works]

ASARCO Grupo Mexico and potential I.P.O. railroad offer

http://www.reuters.com/article/idUSN2318083620100723

July 23,2010:

"Grupo Mexico is also considering spinning off its railroad unit in an initial public offering next year."

[do keyword search in this blog for "Ferromex", or "Railroad" or "Punta Colonet"]

Grupo Mexico share-value rose today on news....

google alert:
"Grupo Mexico pitches Southern Copper Asarco merger
Shares in Mexican miner Grupo Mexico rose on Friday after the company said its wants to boost efficiency by fusing units Asarco and Peru's Southern Copper, ...
www.miningweekly.com/.../grupo-mexico-pitches-southern-c..."

Big Surprise (not!) "Grupo Mexico plans to unite Southern Copper, Asarco"

google alert:
"Grupo Mexico plans to unite Southern Copper, Asarco
Reuters
Packaging Asarco with Grupo Mexico's other mining assets in a publicly listed company sheds the first light on the value of Asarco after its bankruptcy saga ..."