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SENATE RESOLUTION
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WHEREAS, Over 1,800 people in Mission, Texas, have filed a |
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lawsuit because of exposure to pesticides left by the former |
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Hayes-Sammons pesticide mixing plant that operated in the middle |
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of their neighborhood from 1945 until 1968; and |
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WHEREAS, Of the 1,800 plaintiffs, hundreds are complaining |
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of health effects known to be associated with long-term exposure |
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to pesticides, including cancer; these health effects include |
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bladder cancer, breast cancer, cervical cancer, colon cancer, |
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esophageal cancer, lymphoma, Hodgkin's disease, multiple |
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myeloma, non-Hodgkin's lymphoma, bone cancer, kidney cancer, |
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liver disease, including liver cancer, lung cancer, pancreatic |
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cancer, skin cancer, stomach cancer, thyroid cancer, and uterine |
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cancer; and |
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WHEREAS, The pesticides formulated at the plant by |
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Hayes-Sammons included DDT, Toxaphene, Chlordane, BHC, and |
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Dieldrin; and |
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WHEREAS, DDT, Toxaphene, Chlordane, BHC, and Dieldrin have |
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been banned in the United States because of their effects on |
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human health and the environment; and |
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WHEREAS, These pesticides are still present today in the |
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plaintiffs' neighborhood; and |
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WHEREAS, In 1980, the United States Environmental |
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Protection Agency found pesticide contamination in the Mission |
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neighborhood left from the Hayes-Sammons operations, both on the |
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plant site and on the plaintiffs' properties; and |
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WHEREAS, Hundreds of people live next to or in very close |
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proximity to the former Hayes-Sammons plant; and |
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WHEREAS, The United States Environmental Protection |
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Agency stated in pleadings filed with the United States district |
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court in 1980 that the "concentrations [of pesticides] found on |
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the [Hayes-Sammons site] are so high that spending one day on the |
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[Hayes-Sammons site] would be more harmful than a year of |
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agricultural work in the fields which had in the past been |
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regularly sprayed with these chemicals"; and |
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WHEREAS, The United States Environmental Protection |
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Agency stated in pleadings filed with the United States district |
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court that "[b]ecause inhaling these chemicals is far more |
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dangerous than swallowing them, a day on the [Hayes-Sammons site] |
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would be more injurious than years of drinking water which had |
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the maximum water quality standards levels of these chemicals"; |
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and |
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WHEREAS, The United States Environmental Protection |
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Agency stated in pleadings filed with the United States district |
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court in reference to the Hayes-Sammons site that "these |
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chemicals are all banned, so that in fact a person would be well |
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advised to avoid them totally"; and |
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WHEREAS, The United States Environmental Protection |
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Agency stated in pleadings filed with the United States district |
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court that the chemicals found on the Hayes-Sammons site, in |
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their strongest concentrations, exceeded water quality standards |
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by millions of times, and never less than by 75,000 times; and |
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WHEREAS, The neighborhood and properties are still |
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contaminated from the pesticides today, nearly 40 years after |
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Hayes-Sammons stopped its operations; and |
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WHEREAS, A United States Environmental Protection Agency |
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memorandum released in July, 2006, warned that, if the |
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contaminants are not removed, the release of contaminants from |
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the former Hayes-Sammons site "may present an imminent and |
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substantial endangerment to the public health, welfare, or the |
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environment"; and |
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WHEREAS, The affected residents of Mission filed a lawsuit |
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in 1998 against the manufacturers of the DDT, Toxaphene, |
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Chlordane, BHC, and Dieldrin claiming that the manufacturers did |
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not properly warn Hayes-Sammons about the dangers of the |
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pesticides and the dangers of exposing residents by operating in |
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the middle of their neighborhood; jury trial was set for June 6, |
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2005, in Hidalgo County to hear the case of five of the residents |
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who had all developed non-Hodgkin's lymphoma and had all been |
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exposed to pesticides while living in close proximity to the |
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Hayes-Sammons plant; Allied Chemical Corporation, one of the |
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pesticide manufacturers, appealed the consolidation of the five |
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cases to the Supreme Court of Texas; the sole issue was whether |
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the trial court could consolidate the cases of five plaintiffs in |
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one trial; and |
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WHEREAS, The plaintiffs have agreed to proceed with only |
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one plaintiff at a time and have asked to proceed with the case of |
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Guadalupe Garza only; Mrs. Garza was diagnosed with |
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non-Hodgkin's lymphoma and had lived in Mission all of her life; |
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the appeal before the Supreme Court of Texas was therefore |
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rendered moot; and |
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WHEREAS, The Supreme Court of Texas has not yet made a |
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decision on whether Mrs. Garza's case can proceed to trial; while |
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awaiting a decision from the supreme court, the plaintiffs are |
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prohibited from taking any further action in the case; the |
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supreme court has stopped any further proceedings in the lawsuit, |
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not only for Mrs. Garza's case but also for all 1,800 plaintiffs; |
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and |
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WHEREAS, The Supreme Court of Texas has stayed all |
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proceedings for more than two years, since March 28, 2005; and |
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WHEREAS, The 1,800 affected residents are being denied |
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their day in court and have already been denied the use of the |
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judicial system for more than two years; at the same time, many of |
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them are gravely sick and some are dying; the affected residents |
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are appealing to the Supreme Court of Texas to rule in the |
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immediate future before many more residents die and are unable to |
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see their case come to trial; now, therefore, be it |
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RESOLVED, That the Senate of the State of Texas, 80th |
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Legislature, hereby request that the Supreme Court of Texas, in |
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the interest of justice, rule on the pending mandamus appeal |
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filed by Allied Chemical Corporation, et al. so that justice may |
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be done. |