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TCEQ Denies Motion To Postpone ASARCO Hearing

By Martin Bartlett

EL PASO — The Texas Commission on Environmental Quality will go ahead with its hearing to consider ASARCO’s air permit renewal next Wednesday in Austin.

Friday morning, the TCEQ denied a request by the City of El Paso to postpone the hearing. Officials with city government had cited the ongoing litigation of ASARCO’s parent company to settle bankruptcy as just cause for postponing the February 13 hearing.

Commissioners in Austin disagreed and made their decision to hear the proposal for renewal as planned. Mayor John Cook said that legal counsel for the city was on its way to Austin to make its case in opposing the copper smelter’s reopening.

He added that attorneys have several ‘aces up their sleeves’ to present on Wednesday before the commission hearing, vowing that if a permit is granted, counsel will appeal. Much of the city’s case is based on anecdotal evidence against the company alleging that ASARCO’s pollution emissions were above allowable limits.

Estimates are that the city has spent over $1 million over the past eight years to fight ASARCO’s reopening. Mayor Cook said the city won’t give up now.

“We will fight until we’ve used the last argument we can to fight the permit renewal request. It’s what we should do as a community, it’s what I should do as the mayor. And I owe it to my constituents to fight,” Cook said.

ASARCO officials said the city’s request for a continuance is both ‘frivolous’ and ‘without merit.’

Opponents are set to mobilize, preparing bus trips to Austin to be on hand for the hearing. The Association of Community Organizations for Reform Now or ACORN is helping to pay for the trip for hundreds of ASARCO opponents.

Much of those are students, ex-employees of the plant andresidents of El Paso, New Mexico, andJuarez who live near the plant.

But taxpayers will be footing the bill for those city officials such as the mayor and some city council members who will be going. They will all be using city-funded individual travel budgets to attend the Austin hearing despite what members of the public may feel.

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