It is all about Closure and no DISCLOSURE

and the May 11 2009 EPA/DOJ/TCEQ Asarco bankruptcy 'meeting' was
same-old-same-old

They assigned a privately-hired Attorney to mediate for them.

DOJ attorney scheduled to be at ASARCO meeting on the 11'th: Prieto

Jeffrey M. Prieto, 37 MPA-URP Candidate, Woodrow Wilson School of Public and International Affairs, Princeton,
http://clinton6.nara.gov/1997/02/1997-02-10-white-house-fellowship-regional-finalists-announced.html (also http://www.princeton.edu/webannounce/WWS_Headlines/Archived/2002/JUL_Text.html)

American Bar Association member of the Standing Committee on Environmental Law
http://www.abanet.org/environ/calendar/pdf/36thNatSprConf060608_brochure.pdf

Member of the California Bar;attended Univ of California Santa Barbara; CA and then law school at UCLA SOL; Los Angeles CA (admitted to State Bar of California in June 1997)  http://members.calbar.ca.gov/search/member_detail.aspx?x=188553

New TCEQ ASARCO reports available on their ASARCO INFO webpage

Expert Reports
James Sher, P.E.	47	10.7MB
Benjamin Costello	3	26kb
Benjamin Costello - Attachment 1	8	42kb
Benjamin Costello - Attachment 2	1	8kb

Asarco groundwater 6,200 times the legal limit for Arsenic.....

"The groundwater at the facility has arsenic, lead, and cadmium concentrations
above the maximum contaminant level (MCL). ......The most prevalent
COC in the groundwater is arsenic. Currently, the highest concentration of
arsenic in the groundwater occurs in onsite well EP-49 with a concentration of
62.5 mg/L, which is approximately 6,200 times the MCL for arsenic. The area of
contaminated groundwater is shown in Figure 5."
http://www.tceq.state.tx.us/assets/public/remediation/variousremediationsites/sher_asarco_expert_report.pdf

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

"Case 05-21207 Document 6424 Filed in TXSB on 12/03/2007 Page 10 of 12
Page 11
Respectfully submitted,
RONALD J. TENPAS
Acting Assistant Attorney General
Washington, D.C. 20530
/s/
ALAN TENENBAUM
DAVID DAIN
JEFFREY M. PRIETO
CARA M. MROCZEK
Environmental Enforcement Section
Environment and Natural Resources Division
U.S. Department of Justice
Attorneys for the United States of America
Dated: December 3, 2007"
http://archives.newspapertree.com/December%202007/12.7.07%20ibwc%20dec%203.pdf


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

Will the DOJ expose the ASARCO Bankruptcy Fraud?

TCEQ, EPA and DOJ to Hold Asarco Public Meeting

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

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

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

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

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

Vanderbilt Financial Trust

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

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

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

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

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

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

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

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

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

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

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

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

Amazing. 

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

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Grupo Mexico set to offer new bid for Asarco

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

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

"Grupo Mexico set to offer new bid for Asarco

By Anne RileyPublished: Apr 30 2009 5:25PM

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

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

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

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

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

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

"Thu Apr 30, 2009 6:38pm BST

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

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

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

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

Grupo Mexico Board

GERMAN LARREA MOTA VELASCO
Chairman & CEO

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

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

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

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

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

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

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

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

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


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

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

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

FOR IMMEDIATE RELEASE                                              CONTACT: LISA WHEELER

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

 

 

TCEQ ANNOUNCES WINNERS OF THE

2009 TEXAS ENVIRONMENTAL EXCELLENCE AWARDS

Awards are highest environmental achievement in state of Texas

 

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

 

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

 

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

 

2009 Texas Environmental Excellence Award winners:

 

PARIS

Kimberly-Clark Corporation

(Category: Large/Non-technical)

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

 

grupo mexico mine news

http://weeklynewsupdate.blogspot.com/2009/04/wnu-987-mexican-copper-strike-heats-up.html
<cid:part1.04090106.05010009@gmail.com>

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

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

Asarco 4th amended plan of reorganization (links)

Case Documents
ASARCO Fourth Amended Plan of Reorganization
ASARCO Fourth Amended Disclosure Statement
ASARCO Third Amended Plan of Reorganization
ASARCO Third Amended Disclosure Statement
ASARCO Second Amended Plan of Reorganization
ASARCO Second Amended Disclosure Statement
ASARCO Informational Filing #2 - Second Amended Plan and Disclosure Statement
ASARCO Informational Filing - Second Amended Plan and Disclosure Statement
ASARCO First Amended Plan of Reorganization
ASARCO First Amended Disclosure Statement
Mission Mine Leases Settlement
Rule 2002 Service List
Official Environmental Estimation Service List

https://www.asarcoreorg.com/

Asarco reorganization decision delayed until May 15

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

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'EPA nominees pledge action on enforcement, Superfund

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

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

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

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