"Americas Mining Company, a Grupo Mexico Affiliate, Amends Reorganization Plan to Retain Equity Interest in ASARCO LLC"

"[June 2, 2009 Business Wire]....the competing plan under consideration by the Court, offered by India-based Vedanta, offers only $1.1 billion in cash and a non-interest bearing so-called “copper note,” which Vedanta values at $200 million, backstopped only by a $100 million letter of credit. As previously announced, AMC has funded an escrow with $1.3 billion to backstop its plan. A third plan, offered by Harbinger Capital Partners, amounts to $500 million in cash with interests in litigation against Vedanta and AMC that may never be realized...."
http://www.businesswire.com/portal/site/google/?ndmViewId=news_view&newsId=20090602005819&newsLang=en

"Insurer Objects To Grupo's Asarco Plan Disclosures"

"Insurance company Century Indemnity Co..... lodged its objection Friday in the U.S. Bankruptcy Court for the Southern District of Texas, claiming that the Mexican parent company’s disclosure statement fails to provide adequate information..."

http://insurance.law360.com/registrations/user_registration?article_id=104141&concurrency_check=false

20090504 Grupo Mexico could potentially win $2.6 Billion dollars if Sterlite loses their ASARCO bid (that's a lot of money)

"NRI billionaire Anil Agarwal-led Sterlite Industries faces a potential $2.6-billion lawsuit if it loses out in the race to acquire America's third-largest copper producer Asarco to the target firm's parent company Grupo Mexico....."

"Asarco's independent board and Sterlite sought the approval of certain conditions under which Asarco would grant a release from the potential $2.6 billion lawsuit to be brought against Sterlite for having breached the original purchase agreement to buy Asarco's assets.

However, Judge Schmidt (of bankruptcy court) ruled that such release will not take effect if it is the Grupo Mexico Reorganization Plan the one that is eventually confirmed and approved, in which case Asarco, under the control of Grupo Mexico, would be able to pursue the aforementioned suit against Sterlite," Grupo Mexico said....."
http://www.business-standard.com/india/news/sterlite-may-face-26-bn-suit-if-asarco-bid-fails/00/29/60437/on

2007 TXDOT leases TX Pacific Rail line to Grupo Mexico

"TEXAS PACIFICO RAIL LINE Project Sponsors: Texas DOT and Grupo México
...Project Description: ....The rail line is 400 miles long, running
between Forth Worth to the border of Mexico, at Presidio, where it
connects to Ferromex railroad in Mexico. TexasDOT purchased the rail
line in 2001, acquiring all rights, titles, and interests in the rail
line. The
rail line was leased and is currently operated by Grupo México."
http://ops.fhwa.dot.gov/freight/publications/freightfinancing/freightfinancing.pdf
[from 2007]

April 23 2009: Harbinger sells CALPINE common stock (20 million shares)

"April 23, 2009 4:40 PM EDT
Calpine Corporation (NYSE: CPN) announced today that Harbinger Capital
Partners Master Fund I, Ltd. has agreed to sell 20,000,000 shares of the
company's common stock in a registered public secondary offering."
http://www.streetinsider.com/Equity+Offerings/Calpine+(CPN)+Said+Holder+Harbinger+Capital+To+Sell+20M+Shares/4584876.html

20090515 "Pensiongate"

"By the way, how come the unions are not outraged by the looting of
members' pension funds by Carlyle, Morris, Rattner and the other bums? "
http://truenewsfromchangenyc.blogspot.com/2009/05/carlyle-lies-nobody-listens-gets-away.html
<cid:part1.08090006.01010502@gmail.com>

..."An affiliate of Harbinger Capital Partners won court permission on Tuesday..."

Google Web Alert for: asarco

Harbinger Competes for Asarco in Bankruptcy Court DealBook Blog ... "An affiliate of Harbinger Capital Partners won court permission on Tuesday to try to reorganize the bankrupt copper miner Asarco making the hedge fund ..."

Still as of old men....

"Still as of old men
by themselves are priced -
for 30 pieces Judas sold
himself, not Christ."
- Hester H. Cholmondeley (19th Century)

May 26'th hearing ASARCO bankruptcy court

Grupo Mexico: proposed Asarco reorganization debt load concerns S&P "Mineweb - London,England,UK S&P is afraid the $1.3 billion-plus offer of Grupo Mexico and Americas Mining Corp. to reorganize Asarco could have a significant near-term effect on the ..." Google News Alert for: asarco

"...On May 15^th, AMC proposed to contribute $1.3 billion to fund the Asarco asbestos trust to be established under the proposed reorganization plan. The company also committed to an additional $250 million contribution in a year in return for new equity interests to be issued for the reorganized Asarco. ....
A hearing is scheduled before a Texas federal bankruptcy court on May 26^th to consider both AMC's offer and  the Sterlite Industries offer to fund Asarco's reorganization by buying Asarco's assets for $1.1 billion in cash and a $600 million nine-year noninterest-bearing promissory note...."

?Our new EPA?

"Following the news that EPA would let 42 mountaintop mining operations proceed in Appalachia, protesters took to three West Virginia mining sites on Saturday, chaining themselves to giant coal trucks, draping a sign on a coal sludge pond, and taking a public stand against a practice that is threatening their homes and devastating their mountains."

"“They left a banner on top of 7 billion gallons of toxic waste and they got charged with littering,” Noerpel said."

http://solveclimate.com/blog/20090524/17-arrested-west-virginia-protesting-mountaintop-mining

NYTimes now in debt to Carlos Slim and Harbinger has two seats on its board....

"Harbinger acquired its stake in the NYTimes in 2007. Since then, the $500 million investment has lost more than three quarters of its value. Harbinger has two seats on the Times board of directors."..."The Times' $1 billion-plus in debt forced it to take a loan from Mexican billionaire Carlos Slim worth $250 million earlier this year.[2009] The Times paid $4.5 million up front to borrow the money and will pay 14% interest." http://www.thewrap.com/article/fortune-geffen-almost-had-his-hands-new-york-times)

Google Alert "Harbinger seeks to make offer for bankrupt Asarco"

Harbinger seeks to make offer for bankrupt Asarco "Reuters - USA By Emily Chasan NEW YORK, May 22 (Reuters) - Harbinger Capital, one of Asarco LLC's largest bondholders, is seeking to offer its own $500 million ..."

SWISS BANK ASARCO AG

Why does "Asarco Inc." show up as part of a SWISS BANK called Asarco AG?

"Asarco AG
Usteristrasse 11
8001 Zürich
Lageplan | Nachbarschaft

Status:
aktiv
Rechtsform:
Aktiengesellschaft
Kapital:
CHF 100'000

Übersicht
Eintrag ins Handelsregister:
30.09.1988
Rechtssitz der Firma:
Zürich (ZH)

Übersetzungen des Firmennamen
Asarco Inc.
Asarco SA

Asarco AG Usteristrasse 11 8001 Zurich Layout plan | Neighbourhood Status: actively Legal form: Corporation Principal one: CHF 100' 000 Overview Entry in the Register of Companies: 30.09.1988 Right seat of the company: Zurich (ZH) Translations ["other"] company names of the Asarco Inc. Asarco SA"
http://www.moneyhouse.ch/u/asarco_ag_CH-020.3.901.838-1.htm

ALSO:

"Company    Asarco AG
Translation    Asarco Inc.
    Asarco SA
CH NUMBER    CH02039018381
ADDRESS    Usteristrasse 11 8001 Zurich
Company state    Active
Legally form    Joint stick company
Capital    CHF 100 ' 000
PUR-float    Financial transactions of all kinds, switching and execution of financings, practice of trust functions and thus coherent services as well as execution of consultation and expert's assessments; can take part in other enterprises as well as properties, patents, rights and licenses acquire, hold and sell.
This company into the commercial registers    Show (on-line CR summary)
Commercial register in load    RC OF the CAN clay/tone Zurich


Climb    DATE    Category    Publication
26    4.9.2006    Commercial register
Mutation    Asarco AG, in Zurich, CH-020.3.901.838-1, financial transactions, corporation (T/plate No. 167 from 31. 08. the 1998, P. 5999).
New ADDRESS: Usteristrasse 11, 8001 Zurich.
Issue No. of 23523 OF 29.08.2006 (3532938/CH02039018381)
SOGC publication (pdf file)
100    31.8.1998    Commercial register
Mutation    Asarco AG, in Zurich, financial transactions, corporation (T/plate No. 141 from 25. 07. the 1997, P. 5311).
People deleted or signatures revoked: Beltracchi, Angela, of Basel, in upper confining rings, member, with single signature.
Peoples registration new or modified: Haberthür, Urs, of width brook, in upper confining rings, member, with single signature."

http://www.edoceo.ch/en/asarco_ag_CH02039018381.aspx

property is held in trust by Swiss company Asarco AG

Lender asserts claim on lakefront mansion Crain's Chicago Business - Chicago,IL,USA "The property is held in trust by Swiss company Asarco AG, which Mr. Mikhail controls, according to the complaint and public records. ..."

---

"....A Caribbean investment company has sued to collect on a $12-million loan to a little-known investor, asking the court to put a lien on a lakefront mansion in Highland Park. Foreign investor Mikhail Katamanin took out the short-term loan in March 2008 from Plymouth Consultants Ltd., which is based in the British Virgin Islands, ...The property is held in trust by Swiss company Asarco A.G., which Mr. Mikhail controls.... Northbrook lawyer Irving Drobny, who represents Asarco, is out of the country until next week....."

Iron Triangle: Carlyle Group Exposed (first 2 minutes in Dutch, rest in English)

TCEQ begs the question of the secret toxic waste

To:  Michael Chamberlain, TCEQ Legal Assistant
Fr:  Heather McMurray

If the TCEQ is "required to produce portions of documents that do not fall under an exemption even if other portions of the document fall under an exemption."  then why hasn't TCEQ done so?  

The TCEQ's actions appear as a deliberate evasion of open-government and access to the information I requested.  You have completely ignored my request, when I stated: "However, this time you and/or he QUALIFIED that statement by adding the words  "IN HIS POSSESSION".   Please tell me in whose possession this data is in, if not in his [Mr. Brad Wilkinson's] possession."  

My only conclusion can be that the TCEQ does not want the Paso del Norte Community to know what poisons have been left here from what the EPA/DOJ 1998 confidential-for-settlement-purposes-only-document told us was deliberate incineration of unmanifested toxic-wastes for profit over years.

"I continue to point out that it is inherently incredulous that Mr. Wilkinson claims he has no communications (email, phone, electronic-mail from the phone, correspondence) about mercury (or strontium or the other chemicals I listed).   However, this time you and/or he QUALIFIED that statement by adding the words  "IN HIS POSSESSION".   Please tell me in whose possession this data is in, if not in his possession.  It is inherently impossible for the TCEQ primary remediation contact to have no communications on record regarding these contaminates of concern."

"It is inherently incredulous that the main contact (B. Wilkinson) for all ASARCO El Paso remediation work for the last decade has no emails, wireless or otherwise (or phone logs, or correspondence) responsive to my request.  This is bordering on a deliberate withholding of information from the public.

In regards to having to submit a request for documents through the TCEQ public information - I had already done this, and these email communications were a result of Mr. Wilkinson refusing to admit he has any information responsive to my request.   Please note that I stated "If any of the information cannot be released to me in whole or in part because of confidentiality, please list those documents in question."  The latter was not done.

You will note the following records request.  Your offices have consistently failed to reply to my message stating that it is impossible for Mr. Wilkinson to not have Asarco El Paso Mercury data (for example) from the TCEQ when the TCEQ itself has sent me ASARCO mercury data.  There is no one else who oversees the remediation at the TCEQ.  He is the sole contact."

Toxic Hudson River Sediment Could Poison Texas Aquifer

And what do they do with the Toxic Rio Grande Sediment containing only gods-know-what from the old ASARCO Plant site?  Can we ship it to New York State for disposal?

Google News Alert for: toxic waste

"Toxic Hudson River Sediment Could Poison Texas Aquifer Environment News Service - USA The train cars will have plastic covers that would do nothing to hold the toxic waste in the event of a derailment. These train cars should be properly ... PCBs leaked from the GE Hudson Falls Plant site into the Hudson River (Photo courtesy U.S. EPA)"

Public comments IGNORED by both the DOJ, TCEQ and EPA in their public response to Asarco El Paso bankruptcy FRAUD statement

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

Subject:	Public comments IGNORED by both the DOJ, TCEQ and EPA in their public response to Asarco El Paso bankruptcy FRAUD statement
Date:	Mon, 18 May 2009 13:31:01 -0600
To:	Lorinda Gardner <LGARDNER@tceq.state.tx.us>, "pubcomment- ees.enrd"[AT]usdoj.gov, tonia.fleetwood[AT]usdoj.gov, AskDOJ[AT]usdoj.gov, jackson.lisa[AT]epa.gov, jackson.lisap[AT]epa.gov, AskDOJ[AT]usdoj.gov, pubcomment-ees.enrd[AT]usdoj.gov, Peter.Ambler[AT]mail.house.gov, eliot.shapleigh[AT]senate.state.tx.us

To: TCEQ, EPA and DOJ
Fr:  Heather McMurray
cc/bc: Concerned parties, including media and the IBWC
sb: Public comments IGNORED by both the DOJ, TCEQ and EPA in their public response to Asarco El Paso bankruptcy FRAUD statement

The Federal Department of Justice "update" to the official response to public comments concerning the ASARCO EL PASO BANKRUPTCY is excerpted below.   The link is at the bottom of this email.   The list of comments received mentions 1738 timely comments and 25 transcribed comments.    The table below and the document does not mention ANY of the concerns that I expressed.

I would like to know why.

I know from the transcribed-public-comments session that no one raised the concerns that I gave; and, that I said AT THAT SESSION that the concerned citizens of Sunland Park (Sunland Park Grassroots environmental Group/SPGEG) are tired of not having their questions answered.

In my opinion, this ongoing silence regarding the SPGEG's letter to the Governor -- handed in person to him twice over 2 years (and to the U.S. DOJ Bankruptcy Trustee) and the absence of ANY RESPONSE to these questions shows that the EPA, the TCEQ and the DOJ are failing to address the evidence in these documents.

That the EPA, the DOJ and the TCEQ have failed to mention or address the concerns in my public-comments; that they have failed to mention or address the concerns expressed by Bill Guerra Addington regarding content of the formerly confidential-for-settlement-purposes-only EPA/DOJ 1998 document and what happened at ASARCO EL PASO TEXAS; and that they have failed to do so despite multiple opportunities when they received these concerns and could have replied to these is significant.

We in the Paso del Norte Region (El Paso TX, the community of old Anapra Mexico and the residents living in Sunland Park NM) want honest answers from our government.

We are tired of the continued cover-up.

We are tired of the inability of our government to give honest answers while:

• Grupo Mexico (Ferromex/UP) (owned 20% by Carlyle Group) bids on a 45 year freight rail contract to operate and carry freight from the new Punta Colonet Baja-Mexico-seaport along northern Mexico up through the new international city of San Jeronimo/Santa Teresa, within a 15 mile-radius of the ASARCO EL PASO illegal/secret toxic-waste stacks WITHOUT DECLARING THE ILLEGAL AND STILL-SECRET TOXIC WASTE. 
• EPA/TCEQ have known for some time that Asarco contaminated the international Hueco Bolson and the Rio Grande (and, a huge desalinization-plant has since been built on Fort Bliss property for the City of El Paso to remove 99% of the contaminants from the Hueco Bolson waters) yet they are only now telling the public.  
• The IBWC workers remain sick from working right next to the old ASARCO EL PASO smelter stacks, while the OIG from our STATE DEPARTMENT (3/05) agreed that they were sick and that they couldn't get independent medical review in our region; and, while the IBWC has consistently been asking for help for the ASARCO contamination and the cracking-old American canal (build over 70 years ago after International-Treaty at American dam to separate Mexico from American waters) since 2001 -- eight long years ago.

Our government, as the CNN video on ASARCO EL PASO aptly said, is "broken government"; and we respectfully ask those within the new Presidential Administration to pay attention to our plight down here; and, begin to make things right.

[see page 33 and 34 of document linked below for the table that is mentioned]

You are subscribed to receive updates from the Texas Commission on Environmental Quality regarding the ASARCO site in El Paso, TX. 

We have added the Department of Justice's responses to public comments regarding the El Paso settlement as well as other environmental settlements under consideration by the bankruptcy court. To go directly to that 74 page document, click here.

To go directly to the ASARCO webpage,  click here.

May 15'th Grupo Mexico files offer with Bankruptcy Court for Asarco...

"NEW YORK, May 15 (Reuters) - A Grupo Mexico SAB de CV(GMEXICOB.MX) unit
on Friday formalized its $1.55 billion offer for bankrupt U.S. copper
miner Asarco LLC by filing its own proposal for Asarco's reorganization
in a Texas court.... is competing against a $1.7 billion offer from
India's Sterlite Industries (STRL.BO).... Grupo Mexico said it is
offering $1.3 billion in cash and a $250 million fully committed loan to
regain control of Asarco. Sterlite's offer is for $1.1 billion in cash
and and about $600 million of senior secured notes, payable over nine
years."
http://www.reuters.com/article/bankruptcyNews/idUSN1530360420090515
<cid:part1.09020807.02040207@gmail.com>

Poisoned by dumping

http://news.bbc.co.uk/1/hi/programmes/newsnight/8049964.stm

oil residues from shortcutting refining methods

Henry, singing "Just say No to ASARCO"

Trafigura says that it never happened

Papers prove Trafigura ship dumped toxic waste in Ivory Coast
guardian.co.uk - UK
Documents have emerged which detail for the first time the potentially lethal nature of toxic waste dumped by British-based oil traders in one of west ...
See all stories on this topic

Chicontepec oil project

"Mexican energy giant Pemex has delayed a 170-well tender for the Chicontepec oil project citing technical reasons.

Baker Hughes submitted the lowest bid earlier this year on a contract for the drilling and 170 wells on the Chicontepc paleocanyon, in a region overlapping both Veracruz and Puebla states.

Industry sources said Baker Hughes bid $160.7 million, just ahead of Mexico's Zapata drilling outfit, with $160.9 million, while US giant Halliburton was in third place with $170 million."

Mexico delays Chicontepec bids

Expensive to clean up groundwater

... IBWC has been saying this for eight years...

Google Blogs Alert for: asarco

Groundwater part of Asarco cleanup | MINING.com News By Individual.com Cleaning the polluted groundwater beneath the Asarco smelter will be the most expensive part of removing 100 years of contamination at the site, according t. MINING.com News - http://news.mining.com/

---

"Groundwater part of Asarco cleanup

Diana Washington Valdez
EL PASO, May 12, 2009 (El Paso Times - McClatchy-Tribune Information Services via COMTEX) --

Cleaning the polluted groundwater beneath the Asarco smelter will be the most expensive part of removing 100 years of contamination at the site, according to the government's proposed plan."

Somalia and the toxic Waste: Biggest class action suit ever in Britain

'Dirty tricks' over toxic waste BBC News - UK It arises from the dumping of toxic waste three years ago in Ivory Coast's largest city, Abidjan. In the aftermath, up to 100000 people fell sick and 16 ... See all stories on this topic

---

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

"By Liz MacKean
BBC Newsnight reporter

London's High Court will on Wednesday hear allegations of dirty tricks in the biggest class action ever brought before the British courts."

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

---

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

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

---

 This once a day Google Alert is brought to you by Google.

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

---

 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 ..."

Please explain why Uranium values were higher in our region in 1997 - 2000 than in 1990

To: George Brozowski, Bill Luthans

When the EPA came to El Paso in 2001 to test our region for Asarco contamination, UTEP researchers published the following research-paper:

J Air Waste Manag Assoc. 2001 Nov;51(11):1551-60. Analysis of temporal and spatial dichotomous PM air samples in the El Paso-Cd. Juarez air quality basin. by Li WW, Orquiz R, Garcia JH, Espino TT, Pingitore NE, Gardea-Torresdey J, Chow J, Watson JG.

They included several Tables, where they compared the values of chemicals-test-for in 1990 (pre-Asarco Contop-furnace haz-waste burning) vs 1997-2000. The sample sites were downwind of the Asarco smelter.

The 1990 study showed no uranium was found in the samples --- but, seven (plus) years later, UTEP is finding uranium in all sample areas.

Would you send me the data (proof) from Asarco's stack samples (or industrial site) that these chemicals did not originate from the Smelter's illegal activities?

Lawmakers may strip the TCEQ of its EPA responsibilities...

"Bryan W. Shaw’s confirmation as a member of the Texas Commission on Environmental Quality has run into trouble in the Texas Senate. At a press conference this morning, Sens. Eliot Shapleigh, Wendy Davis and Rodney Ellis called for a “top to bottom” review of the agency — in the manner of the DeLoitte Touche analysis of management at the TexasDepartment of Transportation.

Citing examples of ex parte communications, the revolving door between the commission and industry, failure to enforce federal laws and a pattern of decisions in which the commission overrules its own scientists, the three lawmakers claimed unethical — and sometimes illegal — activities at the TCEQ were undermining the agency’s core mission.....

Monday, the three lawmakers also raised the possibility that federal regulators would step in and strip the TCEQ of responsibilities delegated by the EPA. Environmental groups filed a petition requesting that action under the Bush Administration and no action was taken; that could change once the Obama Administration names a new regional EPA director...."

http://www.texasmonthly.com/blogs/burkablog/?p=3624

Activists charge environmental racism, and genocide: H.R. 672

Poor communities combat military pollutants
By Charlene Muhammad
Western Region Correspondent
Updated Apr 21, 2009 - 12:08:30 AM

Activists charge environmental racism, and genocide

File Photo: Children play on a merry-go-round near an oil refinery at the Carver Terrace housing project playground in west Port Arthur, Texas May 15, 2007. Port Arthur sits squarely on a two-state corridor routinely ranked as one of the country's most polluted regions. Texas and Louisiana are home to five oil refineries considered among the nation's 10 worst offenders in releasing toxic air pollutants, emitting 8.5 million pounds of toxins together. AP Photo/LM Otero`The government will not address the health affects in communities like ours, whether it's Black, Native American, Asian, if you live around a federal site, they're not going to address any health issues but I will say the government is equal opportunity. They pollute the hell out of everybody.'
—Doris Bradshaw
(FinalCall.com) - Doris Bradshaw knows devastation. Her father passed away from cancer in late March. Her grandmother passed away after just six months of being diagnosed with an aggressive, rare form of bladder cancer in 1995 and when her grandfather died of the cancer a year later, she recalled a letter sent by a nearby military distribution site the year before, which said various chemicals may have seeped offsite into the drainage ditches in their community.

She began researching the USA Defense Depot Memphis (DDMT) and her Memphis, Tenn. neighborhood and said she found that in every household there was a history of cancer. In some, at least three to four people had the disease, but the problem was worse than that.

"Our rate here is between 75 percent mortality and morbidity. My next-door neighbor's daughter was 13 and had uterine cancer. We had a young man here with testicular cancer at 17. Most women at 25 have hysterectomies and if they don't go and have their children early in our community, normally they can't have kids because they are always affected by some type of reproductive illness," Ms. Bradshaw told The Final Call.

The 54-year-old had cancer cells in her uterus at 30 years old; a baseball-sized tumor at 28 and now she has an unidentifiable lung disease and suffers with diabetes, high blood pressure and thyroid disease, all which she attributes to exposure to hazardous waste from the DDMT. Stomach, colon and cervical cancer are reported as the highest types there, Ms. Bradshaw said, but that's only because "prostate cancer rates are so high, they don't even report it."

The DDMT is made up of 642 acres in a residential, commercial and industrial area of south central Memphis. Since 1942 it has distributed clothing, food, medical supplies, electronic equipment, petroleum products, and industrial chemicals to all U.S. military services.

It also conducted numerous operations utilizing hazardous substances with contamination resulting from leakage, spillage, disposal of out-of-date materials, and normal application of pesticides, according to the Defense Dept. (DOD) website description of the center.

In 1946, the Army disposed of leaking mustard bombs (a chemical warfare agent) and other waste at Dunn Field, a 60-acre open storage and burial area at the DDMT. The waste included oil, grease, paint thinners, methyl bromide, pesticides and cleaning fluids (chlorinated solvents). Approximately 154,300 people rely on drinking water from public supply wells within four miles of Dunn Field.

Ms. Bradshaw created Defense Depot Memphis Tennessee Concerned Citizens to document their ordeal, provide support, and advocate for accountability and health care for people who now are sick, can't work and are on disability.

"When you get 50 you're considered a senior citizen now because most of our seniors are dead. There's only one person on my street within a block that is 80 years old. There aren't too many 60 year olds and most of us are in our 50s over here. It's not that people don't know what's going on. They do, but environmental racism kicks in," Ms. Bradshaw said.

The group joined a coalition of communities and organizations around the U.S. to help push legislation that would require the government to clean up the sites and comply with health and environmental protection laws.

Congressman Bob Filner (D-CA) introduced the "Military Environmental Responsibility Act" (H.R. 672) on August 3, 2007 to eliminate military waivers to key environmental laws like the Clean Air Act and the Nuclear Waste Policy Act.

In a March 24 letter to the White House, the coalition said it wants to expose hidden casualties at home that are caused by unregulated military projects that have increased the risks for cancer and exposure to military toxins

"We are united in seeking to protect those most vulnerable from these harmful exposures especially the unborn, babies, youth, elders, disenfranchised communities of race, Indigenous Tribal Nations and peoples, economically disadvantaged communities, military personnel, civilian workers, military garment workers, and families living in the vicinity of military operations and installations throughout the nation," the letter expressed.

Specifically, H.R. 672 would amend the United States Code to require the Department of Defense and all other defense-related U.S. agencies to comply with Federal and State environmental laws, including those applicable to public health, worker safety, protecting the environment, and the health and safety of the public, particularly children, members of the Armed Forces, civilian workers and people who live in the vicinity of military operations and installations.

Chris Isleib, DoD spokesperson, told The Final Call that the department takes environmental issues very seriously and works with both governmental and non-governmental agencies to ensure maximum protection, remediation and meet EPA requirements.

"No entity in the world, government or private sector, has spent more money—or more effort—than the Defense Department has on environmental cleanup, cleanup research, cleanup assessment, technology to conduct cleanup, cleanup operations, cleanup follow-up monitoring," Mr. Isleib countered.

The DoD's current estimate of future costs for environmental restitution is approximately $32 billion for sites with remaining work at active installations and it has some 11,500 sites either in cleanup or tagged for clean up.

Of the DoD's 31,500 clean up sites, about 20,500 of them have reached their remedial action objectives, Mr. Isleib said.

Laura Olah, executive director, Citizens for Safe Water Around Badger, who is leading the coalition, said she became involved when the Army announced that groundwater contamination had traveled three miles offsite and within a quarter mile of a municipal well in Prairie du Sac, Michigan. Then, the drinking water supplies of three private homes became contaminated with high levels of the cancer-causing chemical carbon tetrachloride.

Contaminant concentrations in the ground water are more than 50 times the Health Advisory Levels established by the Wisconsin Division of Public Health.

"The government will not address the health affects in communities like ours, whether it's Black, Native American, Asian; if you live around a federal site, they're not going to address any health issues but I will say the government is equal opportunity. They pollute the hell out of everybody. They find poor White communities and do the same thing to them also, anybody who's not able to fight them," Ms. Bradshaw said.

Gilbert Sanchez of the Tribal Environmental Watch Alliance, has worked on nuclear environmental issues for decades—ever since the Los Alamos National Laboratory (LANL), where the atomic bomb was first tested and implemented, was built on his tribe's ancestral land.

He is a member of the 19 Pueblos, which is a sub-group of the San Ildefonso Tribe and from LANL's inception in 1945, there has been no regulation of the waste products used by the lab. Today, there are uncontrollable chemical and biological wastes violating his people's food chain and like residents near the DDMT, they are experiencing high rates of rare cancers.

"My concern has always been the health impact from all of the activities of the past. Not only my relatives but people, young people in the valley, are dying from very young ages of cancer because they or their parents worked up on the hill," he said.

He has spent years fighting for a baseline study of the current health impacts that the uranium and plutonium used to make the bomb has had on his people. "The Euro-American or Anglo-American scientists knew very well that the dust particles from this uranium and plutonium was going to be dangerous and impact the respiratory system," Mr. Sanchez said.

In order to cover that up, he charged, the lab freely gave its workers tobacco products—a carton of cigarettes per day, but they couldn't take the cigarettes out of the mines, refinement factories or plutonium areas.

Now, Mr. Sanchez said, the tribe's condition is very much like a third world country with very low living standards, a sub par health care system, and they are often used as guinea pigs.

"This is part of the Euro-American genocidal movement. It's a part of that orchestrated genocidal commission that's continually going on. It started at the time of discovery and continues today," he said. He believes that President Barack Obama is sincere about his commitment to abolish the nuclear weapons industry, and he hopes that Pres. Obama can open the books and secrecy cloaked around U.S. military research centers and laboratories.

"We have no need to have massive weapons of destruction that are going to totally annihilate portions of this earth or completely the earth itself. Conventional weaponry and the use of current nuclear weapons is beyond any human's right mind," Mr. Sanchez said.

FCN is a distributor (and not a publisher) of content supplied by third parties. Original content supplied by FCN and FinalCall.com News is Copyright 2009 FCN Publishing, FinalCall.com. Content supplied by third parties are the property of their respective owners.

South New Jersey & WA sites get stimulus monies.... but El Paso? What about El Paso??

Stimulus steps in to mop up Superfund mess Seattle Times - Seattle,WA,USA Up to $10 million will be spent to remove contaminated soils from residential backyards and park areas within a mile of the former Asarco smelter along ...

"President Obama wants to restore the tax and assumes it will provide $1 billion in revenues for his 2011 budget.

Until then, financing for work at the nation's nearly 1,600 Superfund sites will come from taxpayers in the form of EPA appropriations or stimulus money. The nearly $600 million in stimulus money virtually doubles the amount available for Superfund work in the current fiscal year, officials said."

Pressure mounts on Grupo Mexico owners

"Judge: Sterlite can buy Valley-based Asarco
...Associated Press

...U.S. Bankruptcy Judge Richard Schmidt approved the request Wednesday from Asarco's court-approved board to sign a sale contract with Sterlite Industries Ltd.

That will spur competition with Grupo Mexico SAB of Mexico City, which owned Asarco but lost control after Asarco filed for Chapter 11 reorganization in 2005.

Grupo Mexico has said it would pay $1.3 billion to reassume control - a move Asarco officials oppose. Sterlite offered $2.6 billion last year but withdrew the bid when copper prices plunged. Asarco is able to accept a higher offer until its reorganization plan receives final approval.""


http://www.azcentral.com/news/articles/2009/04/24/20090424asarco0424.html