Document 6RM2aG84d8rKJDe9XZxJNp2y4

ri f-*i*d 8 120 BROADWAY, NEW YORK, N. Y . 10005 FOR IMMEDIATE RELEASE May 15, 1972 FEW YORK-- The attached "Judgment and Order of Injunction" represents a consent decree entered into on Thursday, May 11, between American Smelting and Refining Company (Asarco), the City of El Paso, and the State of Texas. Also attached is editorial comment from both El Paso newspapers which appeared in their Saturday editions., ' The Jlecree is in settlement of a court suit in which the City of El Paso charged Asarco with continually polluting the air. The city initially asked $1 million in fines and subsequently raised their demand to over $4 million. Significantly, the actual fines levied totalled $80,500 for 88 specific vio lations of specific air quality standards since the passage of the Texas Clean Air Act in 1968. There was no finding that the-day-to day operation of the plant constitutes a continuing pollution hazard. We believe that the decree is entirely consistent with Asarco's position, maintained throughout the trial, that the current operation of the plant is not endangering the health of Fl Paso residents. Publicity and actions by city officials during the trial implied that the health of the entire City of El Paso was endangered. The medical examinations and therapy called for in Article IV of the decree were voluntarily initiated by Asarco in February when the elevated blood lead levels in Smeltertown children,apparently due to con taminated soil, were first discovered. more - N6115 0 0 0 1SS4 2- - As Indicated by the completion dates, the emission control devices listed in Article IX which Asarco has voluntarily agreed to install had either al ready been Installed or were in the planning stage prior to entry of the judgment. Article X of the decree recognizes Asarcors "cooperative approach .... in mjeeting a community need". // # # t PR^72r-5*-3