Document GKGv3dRrgbrR788n8j1LmNxDY

ETHYL CORPORATION Dr, R. A.Kehoe TO: Staff Committee FROM: F. P. Warne SUBJECT: Houston Air Pollution Suit ADDRESS: New York DATE: December 5, 1955 We have now been formally served with a petition and an order to show cause in the Houston Air Pollution suit. The official designation of the suit is State of Texas v. Consolidated Chemical Industries, Inc., et al, and it is pending in the District Court of Harris County, Texas in the 152nd Judicial District. The suit was originally filed June 23, 1955 against Consoli dated Chemical Industries, Inc. The petition has now been amended to include 51 other companies doing business along the Houston Ship Channel. The form of the petition as to each company is substan tially identical to that relating to Ethyl, as set forth in my memorandum of November 30. The language as to each company varies slightly to describe in general terms the types of alleged harmful substances which the companies are claimed to be emitting. A list of the companies involved and the charge against them is attached hereto. In addition to the specific charge against each company the petition contains an allegation in Paragraph 8l that defendants all contribute to an industrial overcast or smog which is obxious to persons residing or working in the area, destructive to property, and hazardous to public health and welfare. This potentially is the most troublesome allegation of the petition since under it a company making any contribution to air pollution might be held liable even though such contribution by itself would not be enough Staff Committee 2 December 5, 1955 The law suit has been assigned to Hon. Win. Sears McGee, Master in Chancery, for hearing. I am endeavoring to learn more about Mr. McGee and his economic and political predilections and will report at a later date. The order to show cause has been set for hearing on December 12 If the order were granted it would mean that the defendants would have been found to be polluting the air and would be ordered to stop which would mean that all of them would have to shut down at least temporarily. I do not believe that there is a substantial chance that this will happen. The suit is being handled by Mr. Malcolm Lovett and Mr. Hugh Patterson of Baker, Botts, Andrews and Shepherd in Houston. P. P. Warne Attachments 12/2/55 Summary of Charges In Houston Air Pollution Suit Consolidated Chemical Industries Humble Oil Olin Mathieson Chemical Champion Paper and Fibre Butler Chemical Diamond Alkali Plant 2 Tennessee-Texas Chemicals and Alloys Sheffield Steel Ideal Cement Marco Chemical Sinclair Refining sulfur dioxide and sulfuric acid, which have an irritating effect and an acid reaction sulfur compounds, hydrocarbons, carbonaceous .smoke, mercaptans, sulfur dioxide, sulfuric acid, and hydrogen sulfide, which have an irritating effect and an acid reaction nitrogen compounds, fluorides, sulfur dioxide and sulfuric acid, which have an irritating effect and an acid reaction mercaptans, sulfur dioxide and hydrogen sulfide, and inorganic chemicals which have an irritating effect and an acid or alkaline reaction and obnoxious odor nitrogen compounds, mercaptans, sulfur dioxide, hydrogen sulfide and sulfuric acidj which have an irritating effect, an acid reaction and obnoxious odors insecticides or their derivatives which have an irritating effect, an acid reaction and obnoxious odors inorganic toxic effluents which have an irritating effect and an acid reaction phenolic compounds and dusts which have an irritating effect and an acid reaction solids and dugt which have an alkaline reaction,, and cause damage to metals and paints protein or fat putrefaction which have an irritating effect and an obnoxious odor mercaptans, sulfur dioxide and petroleum hydrocarbons, which have an irritating effect and an acid reaction tfg 0006240 N7538.01 Petroleum Company Mayo Shell Lone Star Cement Best.Fertilizers Armour Fertilizer City of Pasadena City of Houston City of Houston City of Houston City of Houston Trinity Portland Cement Shell Builders r Parker Brothers mercaptans, sulfur dioxide, hydrogen sulfide and sulfaric acidj which have an irritating effect and an acid reaction solids and dusts, which are Inorganic, inactive material, and which have an irritating effect and an alkaline reaction solids and dusts which have an irritating effect and an alkaline reaction .mercaptans, sulfur dioxide, fluorides, hydrogen sulfide and sulfuric acid, which have an irritating effect and an acid reaction sulfur dioxide and sulfuric acid, and inorganic compounds, which have an irritating effect.and an acid reaction carbonaceous smoke and protein or fat putrefaction odors resulting from incomplete combustion of organic materials which have an irritating effect and an obnoxious odor / chemical compounds which have an irritating and nauseating effect and an obnoxious odor chemical compounds which have an irritating and nauseating effect.and an obnoxious odor . fine dried sewage sludge dust in such quantities as to have an irritating effect and a highly obnoxious odor gases, solids, dusts and smoke derived from freshly burned garbage and trash which have an irritating effect and an obnoxious odor solids and dusts which have an irritating effect and an alkaline reaction ^ inorganic chemicals which cause damage and deterioration of paint on buildings , and damage to property subjected or exposed thereto solids and dusts of an inorganic nature, which have an irritating effect and an alkaline reaction 2 Shell Oil Rohn and Haas Lubrizol Corporation San Jacinto Chemical Phillips Chemical Ethyl Corporation Crown Central Petroleum Index Chemical Merichem Company Chlpman Chemical Processors, Limited inorganic and organic compounds, mercaptans, sulfur dioxide, hydrocarbons and solvents which have an irritating effect.and an obnoxious odor sulfur compounds, sulfur dioxide, sulfuric acid, hydrogen sulfide and mercaptans which have an irritating effect and an acid reaction inorganic and organic compounds, zinc carbonyl, cyanide, hydrocarbons and solvents, which have an irritating effect, an acid reaction-.and an obnoxious odor inorganic and organic compounds, hydrocarbons, solvents and phenolic substances which have an irritating effect and an obnoxious odor sulfur compounds, sulfuric acid, sulfur dioxide and inorganic chemicals which have an irritating effect.and an acid reaction sulfur compounds, sulfuric acid, sulfur dioxide and inorganic chemicals, which have an irritating effect and an acid reaction organic solvents, alcohols and.lead compounds, which have an irritating effect and a toxic reaction sulfur compounds, hydrocarbons, carbonaceous smoke, mercaptans, sulfur dioxide, sulfuric acid and hydrogen sulfide, which have an irritating effect and an acid reaction hydrogen sulfide, sulfur compounds, hydrocarbons, mercaptans and other compounds which.have an irritating effect and a toxic reaction , hydrogen sulfide, sulfur compounds, sulfur dioxide, hydrocarbons, mercaptans and carbonaceous smoke, which have an irritating effect and are toxic in nature carbonaceous smoke, organic and inorganic compounds and Insecticides, which have an irritating' effect and an obnoxious odor sulfur compounds, sulfur dioxide, sulfuric acid, mercaptans, hydrogen sulfide, aromatics and asphalt compounds, which have an irri tating effect and an acid reaction Drumex*.I n c . chemical compounds depending upon the contents of the drums being cleaned at the time which have an irritating effect and an acid or alkaline reaction Richmond Tank Gar sulfur compounds* ammonia and other chemical compounds* depending upon the contents of the cars being cleaned* which have an irritating effect and an acid or alkaline compound reaction Gulf.States Asphalt materials having obnoxious and acrid odors and are of an organic nature* which have an Irritating effect Arrow Mills solids and dusts which are explosive and inflammable and which have an irritating effect Napko Paint and Varnish solvents* paint fumes and other chemical compounds which have an irritating effect Natural Gas Odorizing sulfur compounds* mercaptans and hydrogen sulfide* which have an irritating effect and toxic reaction Lead Products chemical compounds* lead compounds* and smokes which have an Irritating effect* a toxic reaction* and obnoxious odors Myers-Spalti Furniture dusts and solids consisting of smoke from Improper combustion in its furnaces American Brake Shoe Co,, solids and dusts consisting of smoke which have an irritating effect and an obnoxious odor Rothschild Iron and Metal carbonaceous smoke and organic and inorganic compounds which have an irritating effect and obnoxious* acrid odors American Smelting and Refining ' (9000 Market St.Rd.) fumes and dusts* consisting of toxic metal fumes* which have an irritating effect and a toxic reaction American Smelting and Refining Company (Clinton Drive) fumes and dusts consisting of toxic metal fumes* which have an irritating effect and a toxic reaction Lloyd A,, Fry Roofing inorganic compounds having obnoxious and acrid odors and which have an Irritating effect and toxic reaction -4- tfE 0006243 Goodyear Synthetic Rubber organic compounds which have an irritating effect and a toxic reaction Sinclair Rubber, Inc. organic compounds which have an irritating effect and a toxic reaction Nyotex Chemicals inorganic compounds and flourides which have an irritating and toxic effect and an acid reaction Brown and Root Marine Operators lead compounds and smoke, which have an irritating effect and a toxic reaction E. I. Du Pont organic compounds which have an irritating effect and a toxic reaction J. M 0 Huber Corporation sulfur compounds and smoke which have an irritating effect and an acid reaction United Chemical styrene and other chemical compounds which have an irritating effect : A. 0. Smith inorganic qompounds and solvent vapors which have an irritating effect and a toxic reaction Standard Concrete Products gases, solids and dusts from concrete manufacturing which have an irritating effect and an alkaline reaction -5- t f g 0006244