Document 93jro09qaNv45eYe8OZL9QdYL

Law Offices Keller and Heckman llp lOOl G Street. N.W. Suite 500 West Washington. D.C. 20001 Telephone (202) 434-4100 Facsimile (202) 434-4040 S5 Rue Blanche B-1O0O Brussels Telephone 32(2) 541 05 70 Facsimile 32(2) 541 05 SO WWW .KHLAW.COM JOSEPH E. KELLER (1907-1994) JEROME H. HECKMAN WILLIAM H. BORGHESANI, JR. WAYNE V. BLACK TERRENCE D. JONES MARTIN W. BERCOVICI JOHN S. ELDRED RICHARD J. LEIGHTON ALFRED S. REGNERY DOUGLAS J. BEHR RAYMOND A. KOWALSKI MICHAEL F. MORRONE JOHN B. RICHARDS JEAN SAVIGNY<> JOHN B. DUBECK PETER L. DE LA CRUZ MELVIN S. DROZEN LAWRENCE P. HALPRIN RALPH A. SIMMONS RICHARD F. MANN C. DOUGLAS JARRETT SHEILA A. MILLAR GEORGE G. MISKO RECEIVED APR 2 4 2000 CC 3 Qti-' DAVID I. READER PATRICK J HURD DAVID G. SARVADI CATHERINE R. NIELSEN MARK MANSOUR* ELLIOT BELILOS JEAN-PHILIPPE MONTFORT*0 ARTHUR S. GARRETT III JOAN C BAUGHANO MARTHA E. MARRAPESE JUSTIN C. POWELL GEORGE BRENT MICKUM. IV ELIZABETH N. HARRISON JOHN B RODGERS LESA L. BYRUM PETER A. SAARI* NEGIN MOHTADI NICOLE B. DONATH DAVID R. JOY DAVID J. ETTINGER FREDERICK A. STEARNS TODD A. HARRISON JOHN F. FOLEY TONYE RUSSELL EPPS THOMAS C. BERGER RACHIDA SEMAIL* R. HOLLAND CAMPBELL JOHN DOBINSON*0 DANIEL 0UINTART*0 KOMAL J. HERSHBERG MANESH K. RATH DEVON Wm. HILL N. A JOY MATHEW JOANNA R. SOFFA PAMELA L. GAUTHIER COLLEEN M. EVALE ANN M. BOECKMAN SANA D. COLEMAN DEBORAH W. ZIFFER* JEFFREY A. KEITHLINE MICHELLE L. DAUPHINAIS* FRANK J. VITOLO D. PATRICK LEWIS JENNIFER B. BENNETT* CAREN A.C. GRAU* LUTHER L. HAJEK* SHANNON M. HEIM* CHRISTIAN C SEMONSEN* NOT ADMITTED IN D.C. ORESIDENT BRUSSELS SCIENTIFIC STAFF , DANIEL S. DIXLER. PH. D. CHARLES V. BREDER, Ph. D. ROBERT A. MATHEWS, PH. D,, D.A.B.T. HOLLY HUTMIRE FOLEY JANETTE HOUK. PH. D. LESTER BORODINSKY, PH. D. THOMAS C. BROWN MICHAEL T. FLOOD. PH. D. ANNA GERGELY, PH DO STEFANIE M. CORBITT JUSTIN J. FREDERICO, Ph D. ROBERT J. SCHEUPLEIN. Ph. D. RACHEL F JOYNER ELIZABETH A. HEGER TELECOMMUNICATIONS ENGINEER RANDALL D. YOUNG ------------- WRITER'S DIRECT ACCESS April 19, 2000 VIA FACSIMILE AND U.S. MAIL (202) 434-4^48 garrett@khlaw. dom Charles B. Cappel, Esq. Baggett, McCall, Burgess & Watson 3006 Country Club Road Lake Charles, LA 70605 Re: Ross, et al. v. Conoco, Inc. et al. Dear Mr. Cappel: As requested, enclosed are SPI documents, SPI-08073-08075, SPI-10084, SPI-1196211963, SPI-11964-11965 and SPI-11966-11967. Please let me know if you need anything else. cc: Douglas J. Behr Put /hJ Lot^~ CCft u HENRY L. DIAMOND RICHARD M. FAIRBANKS, HI ALBERT J. BEVERIDGE,HI GARY H.BAISE A.JAMES BARNES HAROLD HIMMELMAN CHRISTOPHER H. BUCKLEY, JR. KEVIN M. FOLEY JONATHAN Z.CANNON , ANDREW E.MISHKIN CHARLES A.PATRIZIA SUEOECN M. GIBBONS SCOTT W. BOWEN LAW OFFICES Beveridge. Fairbanks & Diamond One Farragut Square South Washington, D. C. 20006 TELEPHONE (202) esa-7soo April 25, 1977 CARL EAROLEY OF COUNSEL CABLE ADDRESS 'iNDLAW* Jerome H. Heckman, Esq. Keller and Heckman 1150 17th Street, N.W. Suite 1000 Washington, D.C. 20036 Dear Jerry: Several members of our VCM/PVC Steering Committee have asked for background information on the Environ mental Defense Fund (EDF). There has been sufficient interest that I have obtained the attached material which explains what EDF is, who is on their Board of Directors and some of their programs. I think this document will answer many of the questions our members have been asking. If you have any additional questions, please advise. Cordially, GHB/sm Attachment SPI-08073 What is EDF? The Environmental Defense Fund (EDF) is a nationwide organization of scientists, lawyers and economists working to protect the public interest in the broad areas of environmental quality, energy, health and consumer welfare. EDF is supported by the contributions of more than 45,000 members as well as foundation grants and individual bequests. Organized in 1967, EDF scored its first major victory by winning a lawsuit that brought about the banning of the pesticide DDT in tire United States. EDF concentrates on actions that will have national impact. EDF effectiveness stems from a unique blending of solidly researched scientific data, skilled legal work, public education and lobbying at both the Congressional and State levels. EDF Offices: 162 Old Town Rd. East Setauket, N.Y. 11733 516/751-5191 527 Madison Ave. New York, N.Y. 10022 212/593-2185 152518th St. NW Washington, D.C. 20036 202/833-1484 1657 Pennsylvania St. Denver, Co. 80203 303/831-7559 2728 Durant Ave. Berkeley, Ca. 94704 415/548-8906 701 Canyon Rd. Logan, Utah 84321 801/753-3985 EDF Board of Trustees Amyas Ames, Chairman of theBoard, Lincoln Center far the Performing Arts, New York City H. Lewis Batts. Ph.D., Director, Kalamazoo Nature Center, Kalamazoo, Michigan Roland Clement Vice President National Audubon Society Richard Cudahy, Esq., Former Chairman, Wisconsin Public Service Commission Arthur P. Cooley, (Vice Chairman), Biologist; Science Instructor, Bellport High School, BcDport, N Y. Sylvia Earle, Ph.D., Botanist; Research Feiow, Fariow Herbarium, Harvard University; Aquanaut; Lecturer on Marine Ecology and Technology John W. Firor, Ph.D., (Chairman), Dfcector, National Center for Atmospheric Research, Boulder, Co. Robert J. Genieeee, Esq., Partner, Debevoise, Plimpton, Lyons & Gates, New York, N Y. Bruce M. Hannon, Ph.D., Dfeector, Energy Research Group, Center for Advanced Computation, UniverettyofDbnois EeteUa B. Leopold, Ph.D., Quaternary Research Center, University of Washington, Seattle, Wash. Dan Lufiin, Chatman, Executive Committee, Donaldson, Lufkin and Jeniette (Investment Bankers), New York, N.Y. James J. MacKenzie, Jr., Ph.D., Nuclear Physicist; Researcher, Massachusetts Audubon Society; Co-founderand Chairman, Union of Concerned Scientists Paul N. McCloskey, Jr., Con^essman, 17th District, California Richard L. Ottinger, Conyessman, 24th District, New York Margaret Owings, Naturalist; Leader in fight to preserve the sea otter on the West Coast Dennis Pulceton, Naturalist; Author, Brookhaven National Laboratory (retired) Robert Bedford. Actor, Environmentalist CWford Russell, Ph.D., (Treasurer), Director, Regional Urban Studies Program, Resources for the Future, Washington, D.C. Stephen Shafer, M.D., Assistant Attending Physician, Department of Medicine, Harlem Hospital Center, New York Robert E. Smolker, Ph.D., (Secretary), Associate Professor of Biological Sciences, State University of N.Y. at Stony Brook Professor Richard Stewart, Harvard Law School, Cambridge, Mass. Professor Ann L. Strong, Department of City and Regional Planning, University of Pennsylvania Stewart L. Udall, Esq., U.S. Secretary of the Interior 1960 to 1968 George M. Woodwell, Ph.D., Director, The Ecosystems Center, Marine Biological Laboratory, Woods Hole, Mass. Charles F. Wurster, Ph.D., Associate Professor of Environmental Sciences, Marine Sciences Research Center, State University of N.Y. at Stony Brook Artie Schardt, (Executive Director) A Capsule Look at EDF Programs Toxic Chemicals EDF has been the national leader in urging a new ap proach to the fight against cancer, namely, to con centrate more resources on the need to prevent cancer rather than only on seeking a cure. This approach is based on the recognition that from 60 to 90 percent of human cancers apparently result from exposure to toxic substances In the environment and are, in large part, potentially preventable. The key: identify those sub stances and eliminate man's involuntary exposure to them. Examples of EDFs campaign to prevent cancer: tite ban by the federal Environmental Protection Agency of nearly all uses of tire pesticides heptachlor and chlordane. With this decision, EDF action has now resulted in banning nearly all uses of the carcinogenic pesticides DDT, aldrin, dieldrin, heptachlor and chlor dane. a lawsuit to require the Consumer Products Safety SPI-08074 Commission to ban the use of Tris, a chemical flame retardant used in children's sleepwear. EDF action followed an analysis of National Cancer Institute tests indicating that Tris is carcinogenic. a lawsuit seeking to require the Environmental Protection Agency to promulgate national standards to control toxic substances in drinking water. a petition to the FDA to lower and eventually ban polychlorinated biphenyls (PCB's) in food; and a suc cessful action to ban any further discharges of PCB's, from capacitor and transformer manufacturing plants, into navigable waterways of the U.S. a petition to require strict regulation of recombinant DNA research ("genetic engineering"). Energy Demand: For the past five years, EDF has led a nationwide effort to reform the rate structures of America's electric utilities. The goal: convert electricity rates to time-of-day, or peak-load pricing, in which lower rates are charged for the use of electricity in off-peak hours. Lowering the demand at peak horn means higher efficiency, lower rates, reduced use of older, energy-wasting, high-polluting facilities, and reduced need for construction of new facilities -- such as nuclear -- to meet increased overall demand. The idea has now been adopted, or is under serious consideration, by the states of Wisconsin, New York, Pennsylvania, California, Colorado, Michigan, Virginia, North Carolina and others. The Federal Energy Ad ministration has intervened on EDFs side. EDF is pressing for similar reforms in the natural gas industry. Supply: EDFs Energy Program includes actions concerning strip mining, oil shale development, federal coal leasing policies, conservation of the scarce water resources of the West, and related problems such as land use, air pollution, protection of priceless wilderness and park areas and the need for more energy-efficient forms of transportation. EDF also operates a special Southwest Energy Action Profect headquartered in Logan, Utah. The project aims to ensure that environmental considerations are a part of decision-making on energy development in that region. Research, public information and two EDF lawsuits were factors in the cancellation of plans to build the huge, coalfired Kaiparowits power plant in Utah. EDF argued that decreased energy demand made tire plant unnecessary, that alternatives existed and that the plant would cause serious air pollution in several of America's most scenic national parks. Water Resources and Land Use EDF operates both an Eastern and a Western Land and Water Resources Program. A wide variety of lawsuits has sought to protect tidal wetlands, to compel com prehensive water resources management and to halt unnecessary and destructive dams and waterway projects. This program has a large number of actions pending. Last year, EDF was successful in a lawsuit to force the East Bay Municipal Utility District in Northern California to recycle water for industrial use. This can be a key step toward tire West's urgent need to stress water con servation. A three year campaign by EDF was instrumental in the recent decision of tire Delaware River Basin Com mission not to build a mammoth dam at Tacks Island on the Delaware River. Transportation EDF led national opposition to the proposed landings of the Concorde SST in the United States. EDF stressed the SSTs excessive noise and fuel consumption. EDF has also sought to require highway planners to consider the energy consumption and land use conse quences of building new highways. Wildlife EDF is chief counsel in a protracted legal battle to force the government to reduce the annual slaughter of more than 100,000 porpoises in connection with yellowfin tuna fishing off the coast of California. EDF is also a leader in efforts to protect marine mammals through Congressional action. Other EDF actions include the protection of whales, S/77 walruses, eagles, sea turtles and migratory birds. Undoubtedly the most important aspect of EDFs Wildlife Program is its overall emphasis on habitat protection. To achieve this goal, the Wildlife Program interacts closely with all the other EDF Programs, in particular its Eastern and Western Water Resources and Land Use Programs. SPI-08075 )'Z, SPI- 10084 i minutes PVC SAFETY GROUP COMMUNICATIONS COMMITTEE SPI Conference Room New York, NY 9:00 a.m. Wednesday December 9, 1981 j ATTENDEES: Robert B. Downey, B.F. Goodrich, Chairman of Communications Committee Frank GM Corbin, SPI, Director of Cornmunications John R. Lawrence, SPI, Technical Director Matthew Swetonic, Hill & Know!ton. Public Relations Counsel 1- This brief meeting was held to determine the status of the public relations program? in support of the PVC Safety Group's acfUities. It was noted that in the six months of the current fiscal year, that the Communications Committee's activities have been re-'atively n.inor. The majority of the expenses associated with communications have been chose involving activities of the PVC Fire Safety Committee. It is expected that Mr. C. Mc Laughlin will continue to be available to assist the PVC Fire Safety Committee in the development and organization of their program. NOTE: The expenses incurred through billings from Hill & Knowlton for the five-montH period, June through October, amount to $20,408. This averages to $4,082 per month. . ii 2- In addition to communications activities relative to fire, it is anticipated that ! there may continue to be come minor work required in the area of worker health. However,! there are no specific projects in the works at the present time. Any activities would be initiated to respond to specific needs identified by the PVC Safety Group's Steering Committee. 3- Consideration was given to the possibility of communications activities relative to the California EIR project. It was suggested that if a program is to be developed in this area, it should be done only in response to specific needs with respect to strengr thening the industry's position in this matter. I Some consideration was given to the possibility of.initiating a media tour in the California area to present the plastics industry's position relative to the continued or expanded use of plastic pipe in housing. Such a program would have to be tied in with this matter becoming an issue before the general public. At this time, the SPI office has only two articles on this subject appearing in published media. There is also one additional broadcast reference to this subject in the SPI files. THE SOCIETY OF THE PLASTICS INDUSTRY, INC. 355 Lexington Avenue - New York, N Y. 10017 (212)573-9400 SPI-11962 In order to consider the feasibility of a media tour program on this subject, pre liminary plans were developed as to how such a program would be structured. It is felt that there are presently from two to four industry individuals who would be qualified by virtue of previous experience to be trained for such an activity. These individuals could be organized into two teams of two members each. With a training period on the specific sub ject matter, it is surmised that these teams could cover the California media in a period of approximately one week's time for each team. It was roughly estimated that the cost of such an activity could be in the $25,000 to $30,000 range. 4- The meeting was concluded with the understanding that the key items discussed would be presented to the PVC Safety Group's Steering Committee at its meeting on December lltfh. In summary, it is anticipated that the Communications Committee sees a need in being pre pared to direct Communications support to the following: 0 Fire Safety Committee's activities - As may be needed to support the development and preparti on of reports on the activities of the com mittee dealing with fire safety. 0 Worker Health - The Committee should be prepared on a stand-by basis to initiate activities in support of issues dealing with worker health on a response basis as needed. 0 California EIR - If so directed hy^the PVC Steering Committee, it will direct and develop a media tour program in support of the industry's position. Respectfully submitted, f i / ' / T" * ' " TJ- - -- John R. Lawrence Technical Director SPI-11963 minutes PVC SAFETY GROUP FIRE SAFETY COMMITTEE Sheraton Carleton Hotel Washington, D.C. Tuesday, September 10, 1981 9:30 a.m. Attendees: H. J. Hall, Chairman, Conoco Inc., Room 233 - R&D West, Ponca City, OK 74601 J. Alan Bailey, Diamond Shamrock Corp., 351 Phelps Ct., Irving, TX 75061 ^Mohamed Defrawl, Shell Oil Co., One Shell Plaza, Houston, TX 77001 Harold Fast, B.F. Goodrich, 500 S. Main Street, Akron, OH '44318 Russell 0. Gardner, Conoco Inc., P.O. Box 1267, Ponca City, OK 74601 Charles Goldstein, Borden Chemical, 511 Lancaster St., Leominster, MA 01453 Mark Labovitz, Diamond Shamrock Corp., P.O. Box 348, Painesville, OH 44118 Art Lindsay, Hooker Chemical, Post Oak Central II, Houston, TX 77210 Susan Litzau, Conoco Inc., P.O. Box 2197, Houston, TX 77001 Gene McLoughlin, Hill & Knowlton, 633 Third Ave., New York, NY 10017 Paul O'Brien, Tenneco Chemicals, Park 80 Plaza W., Saddle Brook, NJ 07662 Russell A. Park, Hooker Chemical & Plastics Corp., Box 699, Pottstown, PA 14464 Joe W. Redden, Jr., Fulbright & Jaworski, Bank of the Southwest Bldg., Houston, TX 77002 William A. Schochet, Diamond Shamrock, 351 Phelps Ct., Irving, TX 75061 Robert P. Seebohm, Air Products, P.O. Box 538, Allentown, PA 18049 Wayne R. Sorenson, Tenneco Chemicals Inc., Turner Place, Piscataway, NJ 08854 Greg Smith, B.F. Goodrich Chemical Co., Technical Center, P.O. Box 122, Avon Lake, OH 44012 Chung H. Wei, Great American Chemical Co., 650 Water Street, Fitchburg, MA 01420 John S. Eldred, Keller & Heckman, 1150 17th St., N.W., Washington, DC 20036 Robert Fleshner, Keller & Heckman, 1150 17th St., N.W., Washington, DC 20036 Jerome P. Carroll, SPI, 355 Lexington Avenue, New York, NY 10017 John R. Lawrence, SPI, 355 Lexington Avenue, New York, NY 10017 1) The possibility of conducting certain tests on PVC's fire performance was discussed.' It was agreed that this concept should be submitted to the "Committee of Counsel" for its review and recommendations. 2) The list of allegations with respect to PVC's performance in fire discussed at the June 23 meeting was presented by counsel in a format organizing the allegations under the following categories: THE SOCIETY OF THE PLASTICS INDUSTRY, INC. 355 Lexington Avenue New York, N.Y.-10017 (212) 573-9400 SPI-11964 -2 - Ignition and flame spread 0 Non-flaming thermal degradations / Smoke Gases Life safety implications 0 Miscellaneous No actions were taken on this material. 3) The proposal from Daniel P. Boyd and Co., relative to "Development of a Literature Reference File on PVC Combustion" was reported on as follows: 8 Cost of preparing a bibliography of material for this file, establishing a computer program, and developing a glossary of terms was quoted at $23,500. 8 Cost of abstracting and computer loading individual articles were quoted for two alternatives: 1. Authors abstract - $106.00 per article. 2. Abstract prepared by Boyd and Co. - $139.50 per article. Example Total cost on the basis of 250 articles abstracted: Option 1 $23,500 + ($106)(250) - $50,000 Option 2 $23,500 + ($139.50)(250) - $58,375 It was agreed that this proposal should be submitted to the "Committee of Counsel" for its review and recommendations. 4) The meeting adjourned at 1:00 p.m. Respectfully submitted, SPI-11965 1 minutes 3 PVC SAFETY GROUP FIRE SAFETY COMMITTEE Keller & Heckman Office Washington, D.C. Tuesday, June 23, 1981 8:30 a.m. Attendees: H. J. Hall, Chairman, Conoco Rick Flammer, Conoco Charles Goldstein, Borden Mark. Labovitz, Diamond Shamrock Michael O'Mara, B.F. Goodrich Russel A. Park, Hooker Chemical Harvey Rosenzwierg, Borden Wayne Sorenson, Tenneco Jerry P. Carroll, SPI John R. Lawrence, SPI John Eldred, Keller & Heckman J. E. McLaughlin, Hill & Knowlton 1) After a general discussion of the mission of the committee it was agreed that its mission was to assist counsel in responding to the changes pre sented in current litigation, and to carry out the policies of SPI with respect to fire safety. 2) There was a general discussion of the various allegations with respect to the perforamnce of PVC in fire situations. It was recognized that these allegations are not supported by scientific facts and serve to distort the role of PVC in fires. It was decided that these allegations should be reviewed and organized into categories so as to determine what information may be available t^*rebut them. THE SOCIETY OF THE PLASTICS INDUSTRY, INC. 355 Lexington Avenue New York, N Y. 10017 (212)573-9400 SPI-11966 2- - 3) After some further discussion it was agreed that the following activities should be pursued to provide additional backing for the next meeting of the committee: o Develop a plan for the gathering and abstracting of technical literature relative to the perfor mance of PVC in fires. o Organize the allegations discussed at this meet ing into specific categories - counsel will undertake this. o Gather information relative to the role of PVC in contributing to a safer environment in a potential or actual fire situation. o The possibility of developing a plan for addi tional testing to clarify and/or provide addi tional data on the performance of PVC in fires referred to counsel. 4) The tentative date for the next meeting of this committee is September 10, 1981 at the Keller & Heckman Office in Washington, D.C. Respectively submitted, /?. dL*. John R. Lawrence Technical Director JRL/ras A. SPI-11967