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R E S O L U T I O N
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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; during decades of pesticide production and storage, |
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constituent chemicals contaminated the surrounding neighborhood |
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through the ventilation of a chemical fog, the release of toxic |
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fumes resulting from the "melting" of pesticides, the open storage |
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of dry pesticides, and nearly daily chemical spills; 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 but remain present |
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in the neighborhood where the plant was once located; 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"; in fact, hundreds of residents now suffer from health |
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problems known to be associated with long-term exposure to the |
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pesticides found at the site, including cancers, birth defects, |
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neurological disorders, skin disorders, and other illnesses; and |
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WHEREAS, In 1998, more than 1,800 Mission residents filed a |
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class-action lawsuit against the chemical companies who supplied |
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the products that contributed to the contamination; the District |
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Court of the 332nd Judicial District in Hidalgo County was |
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subsequently set to hear the consolidated case of five of the |
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residents exposed to pesticides while living in close proximity to |
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the site, but Allied Chemical and other pesticide defendants in the |
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case appealed the court's consolidation order; on March 28, 2005, |
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the Texas Supreme Court entered an order staying all underlying |
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proceedings in the lawsuit pending future orders of the court; and |
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WHEREAS, While awaiting a decision from the Texas Supreme |
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Court, the affected Mission residents are prohibited from taking |
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any further action in the case; these citizens have been denied the |
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use of the judicial system for more than two years while many are |
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gravely ill and some are dying, and it is urgent that the court make |
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a ruling as soon as possible before more residents die and are |
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unable to see their cases go to trial; now, therefore, be it |
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RESOLVED, That the House of Representatives of the 80th Texas |
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Legislature hereby request the Texas Supreme Court, in the interest |
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of justice, to rule on the pending mandamus appeal filed by Allied |
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Chemical Corporation et al.; and, be it further |
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RESOLVED, That the chief clerk of the house of |
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representatives forward an official copy of this resolution to the |
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chief justice of the Texas Supreme Court. |