USW Condemns Asarco's "Right to Pollute" Suit and Pushes for Responsible Operation

News from the United Steelworkers: USW Condemns Asarco's "Right to Pollute" Suit; Union Pushes for Responsible Operation and Environmental Clean-Up

Business Wire

May 19, 2005

TUCSON, Ariz.- The United Steelworkers (USW) today condemned Asarco, a U.S. subsidiary of worldwide mining giant Grupo Mexico, for suing residents of two small Arizona towns in an attempt to deny them the right to hold Asarco accountable in court for harmful effects of the company's pollution.

Asarco supports its case by citing a passage from a 1912 deed that was written when Hayden, AZ was owned by Ray Consolidated. The deed allegedly granted Asarco the right to discharge a limitless amount of "smoke, dust, fumes and other deleterious matter" upon the town from its Hayden smelter, without the threat of being held responsible for any damages caused.

Asarco also supports its case by noting that its copper operations in the area predated the towns of Hayden and nearby Winkelman. In an amended complaint filed May 6, 2005 in Arizona Superior Court for Gila County, Asarco states that because pollution from these operations was "obvious," people who settled next to the operations should be barred from seeking relief in court for health effects or property damage caused by it.

"I knew that Asarco was desperate to escape responsibility for its legacy of pollution, but this marks a new low," said USW Sub-District Director Manuel Armenta, a lifetime Hayden resident. "Citing a nearly century old agreement between two companies to provide legal cover for jeopardizing people's health is an abuse of our justice system."

"Asarco's legal argument of 'we were here first' is a slap in the face to the hardworking residents of our communities," added Armenta.

The U.S. Environmental Protection Agency (EPA) recently found high levels of toxic contaminants, including arsenic and lead, in the soil of Hayden and Winkelman. As the EPA continues to assess potential threats of the contamination, Asarco has questioned the value of further investigation.

"Our community, its residents and employees have long been victimized due to past, present and ongoing environmental and chemical exposures. The serious medical issues experienced are the results of the long term effects of such exposures in the workplace and mining community," said Teresita Olmos, a Hayden resident Asarco named in the suit.

The EPA has identified numerous sites throughout the U.S. where Asarco has environmental cleanup obligations.

"We are supporting efforts to get to the bottom of Asarco's pollution in Arizona and elsewhere," said USW Director Terry Bonds. "We will not stand idly by as Asarco attempts to abuse workers, retirees, communities and the environments where it operates."

The USW represents approximately 1,500 Asarco employees. The company is currently in negotiations with USW and other unions representing workers at Asarco operations in Arizona and Texas.