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HOUSE CONCURRENT RESOLUTION
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WHEREAS, From 1945 to 1968, the Hayes-Sammons Chemical |
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Company operated pesticide formulating and storage facilities on a |
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six-acre site located in a residential area near downtown Mission, |
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Texas; and |
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WHEREAS, The United States Environmental Protection Agency |
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(EPA) tested the area around the facility in 1980 and found at least |
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10 different chemicals with concentrations several times higher |
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than levels the agency considers safe for human exposure; the |
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pesticides discovered at the Hayes-Sammons plant, which include |
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DDT, toxaphene, chlordane, BHC-lindane, and dieldrin, have been |
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banned in the United States because of their chronic toxicity and |
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ill-effects on human health and the environment; and |
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WHEREAS, In September 2006, the EPA declared that the former |
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plant site posed "unacceptable threats to human health and the |
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environment"; and |
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WHEREAS, In 1998, more than 1,800 Mission residents filed a |
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class-action lawsuit against chemical companies who supplied |
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products found in the contamination; the District Court of the |
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332nd Judicial District in Hidalgo County was subsequently set to |
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hear the consolidated case of five of the residents exposed to |
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pesticides while living in close proximity to the site, but Allied |
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Chemical and other defendants in the case appealed the court's |
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consolidation order; on March 28, 2005, the Texas Supreme Court |
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entered an order staying all underlying proceedings in the lawsuit |
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pending future orders of the court; and |
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WHEREAS, It is urgent for these citizens that the court make a |
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ruling as soon as possible; now, therefore, be it |
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RESOLVED, That the 80th Legislature of the State of Texas |
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hereby request the Texas Supreme Court, in the interest of justice, |
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to rule on the pending mandamus appeal filed by Allied Chemical |
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Corporation et al.; and, be it further |
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RESOLVED, That the secretary of state forward an official |
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copy of this resolution to the chief justice of the Texas Supreme |
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Court. |