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“Instead of deliberately favoring democratic industrialists, we have spent most of our billions in backing predatory institutions which, based on their history and present activities, will probably align themselves against us in the showdown between East and West—and this policy alone could easily  make the difference between defeat and victory for democracy. Would that we had such desperate faith in democratic institutions that we could afford the gamble of similar billions for their survival! For every dollar we have spent in Europe to strengthen democracy and arm it against conquest, we have thrown several dollars within reach of the enemy.

In the Far East, as well as Europe, the United States has backed other totalitarian-minded groups as a “bulwark” against communism. By the end of World War II, the peoples of China, Korea, Indo-China, and the Philippines had suffered for years under the “New Order for Asia” sponsored by the Japanese equivalent of Farben, the Zaibatsu cartels. These cartels by force of arms won a stranglehold on the economies of these countries. Instead of rebuilding the Far East generally as fast as we could, we have peddled the fear that Russia would rob and plunder the people, while at the same time we backed the very forces which had already robbed and plundered them. The Zaibatsu cartels are as strong as ever. In Indo-China, we have backed the collaborators of the “Japanese New Order.” In South Korea, faced with a variety of truly democratic choices, we backed Syngman Rhee and the few landowners and cotton millers who cast their lot with the “New Order” gang.

The Voice of America must sound weak to those forced by the United States to choose between Communism and reliving the dark era of World War II. Their will to resist Communism is weakened—to put it mildly—by our facing them with this black alternative.

Can we expect millions of former vassals in Asia to rally around their erstwhile totalitarian oppressors? Can we rally Europe solely around the fear of Soviet enslavement while we deliberately sustain the forces which twice in recent history have enslaved that continent?

On the answer to these questions depends on our survival.” – Page 363

“To the inmates of Camp I, the word “Buna” (which included “Leuna”) was more frightful than “Auschwitz” — the Farben site more terrifying than any place except a large wooded area three kilometers east of Camp I. During the first weeks of construction the workers at Camp I were routed out of bed every morning, stood roll call, ate a poor breakfast, and were marched by the SS five kilometers to the plant. Until this day of testimony, Ambros had insisted several times that disciplinary actions on the site were the responsibility of the SS. Now for some strange reason, he admitted: “I do know for sure that already in 1941 one began to fence off squares, blocks, and in these squares no SS had any further business. That was the preliminary stage for having the entire plant fenced in.” The workers had confirmed this. Once inside the plant enclosure, they found that the Farben overseers outnumbered the SS by 10 to 1…. “We struggled to carry cables, collapsing under the strain; the work was too heavy even for a nourished man.” “Once the inmates were assigned to Farben Meister, they became his slaves.” The prisoners of war, who were given easier jobs, remembered better and longer than most. “The inmates were forced to carry one-hundred C-weight bags of cement. It took four men to lift one bag and put it on the back of one man. When inmates couldn’t go along quickly enough to satisfy the Farben Meister, the Meister beat them with sticks and iron bars and punched them with his fists and kicked them. I have often seen them beaten to death with iron bars.” “When inmates first arrived at the I.G. Farben factory,” one of Ambrus’ underlings had testified, “They looked reasonably well. In two or three months, they were hardly recognizable as the same people; the worst thing was the lack of food… I am not a scientist, Mr. Counselor, I would not pose as an expert on calories or grams or liters. I can merely say what I saw…. And my Czech physician friend was an expert. The Czech physician said: “The prisoners were condemned to burn up their own body weight by working.” Before construction was finished, nine out of ten punishments were meted out by the Farben plant employees. The SS at Camp I became concerned with the depletion of the labor supply. The most ironical occurrences were the repeated complaints of an SS man to his superior that a Farben foreman was beating the prisoners too often — it happened at the plant as it happened at the mine. “I did not observe anything of that kind,” Ambros said – Portions from pages 178 – 181

The buna factory they wanted to build would have a capacity larger than any of the others. They would need a million tons of hard coal, and Oswiecem was on the southern border of the Silisian coal fields. The plant needed as much power as the city of Berlin, and here at Oswiecem three rivers united—the Sola, the Przemsze, and the Little Vistula. East of the town was another river which could furnish extra power and would take off the waste from plant.

A buna factory needed a lot of water, even in winter. They planned to cut a canal to connect the Vistula to the Oder a few miles away. Oswiecem was on a level plain, and all the waters of all the rivers around could be harnessed without flooding. Oswiecem fell on a line between Krakow and Vienna, and the old short stretches of railways could be joined to ship the buna back to the Reich. Said Ter Meer: “There were really so many of our industrial prerequisites that one has to admit that this location, Auschwitz, was ideal industrially.”

Ter Meer and Ambros looked over the people. “Nature had endowed this place, “Ambros said. “There were men and women [in the whole territory] working partly in industry and also doing part-time farming work. Sociologically, the most ideal condition is to find workers who also have a small plot of ground. This meant everything a chemist could dream of.”

The impressions gleaned by the two doctors were almost Biblical. They were rapt in contemplation of a business which would offer a pastoral craft to the rural inhabitants. Early in the morning, the farmer would get up and milk his cows, then stroll off—lunchbox in hand—to the plant. He would work there in the afternoon while his wife and daughter toiled in the vineyard. Everything about the picture was charming—except that there were not 15,000 such farmers near-by.

But Ter Meer didn’t believe that Ambros, in inviting him there, had mentioned a concentration camp. ”I do not recall that he at the time discussed that some of the labor would be drawn from the near-by concentration camp, but I will say that Ambros, who in his reports was very exact, probably mentioned it, though I am not positive.”

Ambros was very exact.  A few weeks later, he reported twice to a group of buna colleagues at Ludwigshafen that plans were being made to build a second concentration camp at Auschwitz: “The inhabitants of the town of Auschwitz itself are 2000 Germans, 4000 Jews, 7000 Poles. The availability of inmates of the camp would be advantageous.”

Three thousand people were in Camp I. Then the second camp swelled the prison population to 14,000—Dr. Ter Meer was never to share his lunch with them. During the first two years of construction, reports came to his office of daily trainloads of “workers” coming to Auschwitz. Then Camp III and Camp IV were built, both nearer the buna factory than the other two camps. Then at last, in 1943, Ter Meer made a third visit to Auschwitz. Returning to Frankfurt, he had himself transferred to Italy, where he became plenipotentiary for the Italian chemical industries. Ambros’ appeals followed him: “More workers are needed.” “Herr Doctor Ambros is asking for assistance at Auschwitz.”….

Q. We have heard from four other witnesses that there was supposed to have been a large chimney in this camp, too. Do you have any recollection of it?

A. I have no recollection of it.

pages 155 – 156

Ambros bowed as he took oath, exhibiting his sketch in all directions. He waved his counsel aside for the moment. He explained: “This tree of many branches I choose to call the Ethylene Tree to symbolize the Good and Evil in nature.”
Ethylene oxide, he went on, was the trunk which bore many branches “green with peaceful uses” and a few that were rotten with potential destruction. He pointed to lines he had drawn to cut off the rotten branches. Green branches had been his sole interest: soap for dirty soldiers, paint and cleaning agents for vehicles. “I still do not understand why I am here. The collapse promised everything but that I would be arrested.”
At Gerdorf, after those senseless investigations, the Americans had been kind enough to lend him a jeep and driver, to take him back home. Surely, if he had deserved arrest, the French at Ludwigshafen would have picked him up. He’d lived in Ludwigshafen since the mid-1920’s; people there thought he was just born for the place. If Heidelberg was the seat of chemical knowledge, Ludwigshafen was nature’s laboratory; and Ambros was the sort of man who liked earth running through his fingers. At Ludwigshafen, more productive than any other single Farben installation, were planted the synthetic seeds of every Farben product. Ludwigshafen put out the elementary compounds that became hormones and vitamins under Hoerlein at Elberfeld. At Ludwigshafen, the organic roots under careful cultivation grew their first ersatz offshoots. His “mother” was Ludwigshafen, said Ambros; but he owed a good deal, too, to his real father, a professor of agricultural chemistry, who had taken him into the laboratory before he could toddle. It was understandable that, at first sight of Oswiecem, he noted it was “predominantly agricultural terrain.”
When Bosch and Krauch hired Ambros, they got a young man with brains as well as feet in the soil. Bosch, recognizing a young excitable genius, turned him loose to study natural dyes and rosins and yeast breeding and sugar fermentation. Soon the Ethylene Tree was bearing synthetic twigs based on his studies.  – page 170

“Sure, we must have a theory. It’s just like what the first caveman said when he caught his neighbor dragging his wife away: ‘Would you please wait a minute while I get hold of a lawyer?’ When a hungry man steals a chicken, that’s larceny if the statute says it’s larceny. But stealing whole territories is not larceny — that’s foreign policy.”

The car almost went off the road as I listened to him expound. “Murder is a crime in every country in the world, but it’s no crime in the world-at-large because the Second Circuit Court of Appeals never said so. Ask Senator Taft. He never took the trouble to call it murder before anyway, so now he says: ‘How can you call it murder after the war is over? The charges are very badly drafted, Joe. We should have charged excusable larceny and justified, premeditated killing. That’s the kind of theory they’ll be happy with.”
“That’s hardly fair,” I said. “If judges felt that way, they wouldn’t be sitting on this trial.”
If only a “theory” were as simple as he had put it! The bitter edge of his tone suggested the simple injustices that “civilized countries,” one by one, had tried to remedy, but against which the world-at-large had done almost nothing. Yes, there was a lot of truth in Minskoff that couldn’t be squeezed into a usable idea for next Monday morning — or could it?….

“A surprise is coming up,” Minskoff said. “Get ready for a sharp right.”

Around the turn, behind a high barbed-wire fence, deep-green grass leveled out for more than a mile ahead. Set back a good distance from the road was a group of buildings covering an area of about three city blocks. Midway between the road and the building was a large sign: “Prager Verein.”
“We should have stopped in Pilsen,” Minskoff said. “In Pilsen, they still call this place ‘Farben.’ When Farben took over here, they impressed about 1100 people from Pilsen. Six hundred of them ended up at Auschwitz. Of course we’re in Bohemia now, but this is the parent factory of the first two chemical outfits Farben grabbed in Sudetenland—isn’t that right?”
I agreed. This is not being a part of his job, he must have learned the fact somewhere around here.
“Farben got to Czechoslovakia before Hitler did, didn’t they?”
I nodded as the car slowed down. Stopping, we got out and went up the main gate. The guard listened to our explanation, smiled, and asked rhetorically, “Americans?” and let us through. I thought of Paul Haefliger again, and of how Farben was always months ahead of the Nazis. Somehow that should mean more than it did. The Farben doings in Czechoslovakia were linked to the Farben doings in Austria the previous year by purpose and method, but from the legal standpoint they seemed to stack up as separate ventures. According to the Munich Pact the territories of Bohemia and Moravia were supposed to remain Czech. Therefore, technically Prager Verein was still “free” when Farben took over its two subsidiaries, in the Sudetenland. Regarding the taking over of the subsidiaries, I recalled a couple of sentences from the Farben report: “One 1st October began the marching in of the German troops. On 3rd October, Falkenau factory was occupied.” But Farben had been “negotiating” in Sudetenland a long time before that….

We might have been stopping at any one of three or four factories on Route 25 between Newark and Camden, New Jersey — except for that institution of evil. Farben had been months ahead of Hitlerin organization financial power and in the conquest of productive installations. The Munich Pact had been signed in September 1938. But even before Munich — and several months before the Nazi troops had marched here in Bohemia — Farben had been negotiating to try and take over this parent company. Also before Munich, another firm had arrived in Prague to compete with Farben. Von Schnitzler had sold a piece of Prager Verein to this competitor before he even had any part of it to sell. (Farben was to get this piece back after gaining a majority control.)
In Von Schnitzler’s own words, seldom had a “great international agreement been concluded so quickly.” At a conference in November 1938, in Berlin, to which the Prager Verein managers were “invited,” Schmitz and Ilgner had come to form an impressive audience to Von Schnitzler’s demands.
The pressure had culminated in a December meeting, Von Schnitzler presiding. The occupation of Prague was still four months away. Von Schnitzler used the Sudetenland occupation as the persuader. He told Prager Verein representatives that he knew they were trying to “sabotage” the deal and that he was going to report to the German government that Prager Verein’s resistance was menacing social peace in the Sudeten area. Unrest could be expected at any moment, he said, and Prager Verein would be responsible. Actually, there were not many Jews in Prager Verein, and Hitler had no plans at all for taking it over.
Missoff chuckled over Von Schnitzler’s commercial generalship. Farben had not only swallowed the lignite mines and dyestuffs of Prager Verein, but all intermediate plants, stocks, good will, patents, and trademarks. Altogether it was no small feat to do in a couple of months the paperwork that turned the fourth largest business on the Continent into a Farben subsidiary. Minskoff was chuckling even after we hit the road again. He quoted Cardozo’s dictum: “Every man has a little larceny in his heart.”

– Portions taken from pages 104 – 106

 

 

 

 

 

 

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Move To Amend Organization
https://movetoamend.org/

We, the People of the United States of America, reject the U.S. Supreme Court’s Citizens United ruling and other related cases, and move to amend our Constitution to firmly establish that money is not speech, and that human beings, not corporations, are persons entitled to constitutional rights.

We the People, Not We the Corporations

On January 21, 2010, with its ruling in Citizens United v. Federal Election Commission, the Supreme Court ruled that corporations are persons, entitled by the U.S. Constitution to buy elections and run our government. Human beings are people; corporations are legal fictions.

We, the People of the United States of America, reject the U.S. Supreme Court’s ruling in Citizens United and other related cases, and move to amend our Constitution to firmly establish that money is not speech, and that human beings, not corporations, are persons entitled to constitutional rights.

The Supreme Court is misguided in principle, and wrong on the law. In a democracy, the people rule.

We Move to Amend.

“. . . corporations have no consciences, no beliefs, no feelings, no thoughts, no desires. Corporations help structure and facilitate the activities of human beings, to be sure, and their ‘personhood’ often serves as a useful legal fiction. But they are not themselves members of “We the People” by whom and for whom our Constitution was established.”
~Supreme Court Justice Stevens, January 2010

https://movetoamend.org/

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Ultimate Civics Organization

Our mission is to re-establish that only human beings are endowed with inalienable rights, thus creating a democratic republic in America that is genuinely accountable to the People.

Ultimate Civics started in May 2009 as a project of Earth Island Institute. Our mission was to coalesce a popular movement to support passage of a constitutional amendment abolishing the legal doctrine of “Corporate Personhood.” In October 2009, we co-founded Move to Amend, a national grassroots coalition to amend the U.S. Constitution – corporations are not persons, money is not speech – which now has community chapters in many states. Ultimate Civics niche within the larger movement focuses on three programs:

Energy & Democracy
Education & Democracy
Alaska Democracy Initiative

Although our mission sounds rather grandiose – especially for three people! – it has very simple beginnings. In Alaska, we each grew more and more frustrated with big money in politics and laws that failed to hold corporations accountable to the people. In Cordova, Riki was a plaintiff in The Exxon Valdez Case and dealing with real long-term social, economic and environmental impacts that Exxon denied even existed. Lisa Marie was working at the Cordova Legislative Information Office of the Alaska State Legislature and saw how big money influenced state policies. Meanwhile from Haines, Gershon was designing campaigns to stop big cruise ships from dumping raw sewage into coastal waterways.

After hearing Thomas Linzey speak at Bioneers in 2006, Gershon and Riki attended Linzey’s first Democracy School in Wasilla, Alaska then two more schools in other states over the next year. Riki included the story of the evolution of corporate personhood – “corporate persons” entitled to human rights – in the final chapter of Not One Drop, her second book on the oil spill. She launched on book tour with Lisa Marie as an assistant in September 2008 – right into the national economic meltdown.

The timing was perfect. Many Americans were reeling from job, home, and financial losses and could quickly connect the dots between their losses and giant corporations wielding human rights to amass financial capital and political clout – at the expense of the other 99 percent. Across America, Riki and Lisa Marie found that people supported the idea of amending the U.S. Constitution to affirm that corporations are not persons and money is not speech.

In May 2009 after book tour, Gershon, Riki, and Lisa Marie co-founded Ultimate Civics as a project of Earth Island Institute. Our goal was to coalesce a movement to amend the Constitution. In September 2009 in anticipation of a Supreme Court decision in the Citizens United case, Ultimate Civics co-founded Move To Amend, a national grassroots coalition to amend the Constitution. In January 2010, the Supreme Court delivered its most blatant statement that corporations are persons entitled to human rights to justify its decision to allow “corporate persons” to spend unlimited amounts of “speech” (money) to influence elections. With that, “corporate persons” suddenly became a national topic of discussion and MoveToAmend.org launched to build the movement.

There is one last twist to our story: how Ultimate Civics came to define its niche in the larger campaign through our three programs. In response to the April 2010 BP blowout in the Gulf, Riki flew to Louisiana to help fishermen deal with the mental, emotional, and physical health impacts of the disaster – and wound up staying for a year! In the process, she laid the foundation for Ultimate Civics’ Energy & Democracy Program: Riki and Lisa Marie work with “accidental activists”, people whose lives have been uprooted by fossil fuel-related disasters and who, like us, want to do something about it. We teach campaign skills through rights-based community organizing and recruit for the larger movement.

While teaching in schools and communities, especially after the Occupy Movement started, we all saw a need for education in the basic democratic arts of overcoming our differences, finding common ground, and working together to move dialogue into action. There was also an opportunity to introduce such lessons into community forums and school programs on sustainability, as sustainability is not attainable without basic democracy – people having control over their future at the local level. This became the work of our Education and Democracy Program.

Gershon builds the larger campaign through our Alaska Democracy Initiative, teaching in high schools and working with communities to pass local resolutions and support a statewide ballot initiative to affirm that only human beings are entitled to constitutional rights.

The Democracy Crisis
http://ultimatecivics.org/presentations/PowerPointPresentation.swf

Please check out our programs!

http://www.ultimatecivics.org/

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2014 marks the 25th memorial of the Exxon Valdez oil spill in Alaska, an event that altered lives of everyone it touched––and the Prince William Sound ecosystem, perhaps forever.

I recall with stark clarity the shock of flying over the tanker wreck on March 24, 1989, and seeing the black inky stain of some 11 to 33 million gallons of oil on the water. I made a personal vow that day to work upstream of oil spills to help our nation transition off fossil fuels. With my PhD in marine toxicology, I figured I knew enough to make a difference. More importantly, I cared enough. Certainly, at the time, I didn’t know this would become my life’s work––or where this path would lead.

During the twenty years before the Exxon Valdez oil spill, as I trained to become a marine toxicologist, laws were passed to protect air and water quality, worker safety, and public health and welfare. Back then the science focused only on part of crude oil, the “light ends” that easily dissolved into water or evaporated into air. During the twenty years after the Exxon Valdez oil spill, scientists’ understanding of oil impacts in the natural world changed when they focused on another part of crude oil, the heavy black stuff that persists on beaches––the polycyclic aromatic hydrocarbons or PAHs.

Ah-hah moments in science, like when Columbus “discovered” that the world was round, are “paradigm shifts.” The world was always round: it was peoples’ understanding of it that changed. Likewise, crude oil was always toxic: scientists’ understanding of it changed when they understood that PAHs were 1,000 times more toxic to wildlife than the light ends. When breathed or absorbed through skin or consumed, PAHs enter cells and jam cell function, causing respiratory problems, central nervous system problems, skin and blood disorders, weakening of the immune system, and chronic problems such as liver and kidney damage and reproductive dysfunction. In short, crude oil is a systemic poison––not just in wildlife, but in people, too. A whole new field of “environmental medicine” emerged as medical researchers and doctors began to understand the symptoms and effects of “chemical illnesses” on the human body from exposure to oil, synthetic oil-based products, chemicals, and other toxins.

Ideally, science drives public policy and education; as science changes, so should the science-based laws and lore. But I had learned, while growing up in Wisconsin and watching my father in his successful battle to ban the systemic poison DDT, that when ordinary people understand the science, the lore changes, then the laws change. So I spent three years writing my first book on the oil spill, Sound Truth and Corporate Myths, to explain how scientists came to “discover” that oil is more toxic than thought in the 1970s and what laws need to be changed to better protect people, wildlife, and our environment. But no laws changed.

Disappointed, but determined, I began to focus more on “the lore” to understand how community experience and teachings change as the collective intelligence adjusts to new information. I learned from experience and writing my second book on the oil spill, Not One Drop, that the Cordova community began to recover from the social, economic and emotional spill trauma when people learned to put aside their differences and work together on strengthening or creating projects that would benefit everyone. My personal ah-hah moment occurred when I realized that shifting this nation off fossil fuels would take a social movement of people who understood the need and were just as determined as me. I left Alaska to help build this movement.

Then the BP Deepwater Horizon well blew in the Gulf of Mexico, creating an oil disaster 10 to 20 times the size of the Exxon Valdez spill. I realized this disaster would have deadly consequences, because the lessons learned since the Exxon Valdez spill had not changed the lore and laws of the land. But I didn’t realize how deadly. The unprecedented use of over 2,000,000 gallons of toxic Corexit dispersants resulted in unprecedented harm to people and wildlife, perhaps forever. The ah-hah moment has dawned on scientists and people sickened by the exposure: the oil industry’s cure for oil spills, dispersants, and oil-dispersant combined are far worse than the harm caused by the oil alone. Yet the EPA and U.S. Coast Guard continue to sanction use of toxic dispersants without consideration of these consequences.

Dispersants are petroleum distillates and industrial solvents. The oil industry mixes large volumes of solvents as dispersants to break up oil slicks, as diluents to thin tar sands oil for transportation, and as fracking fluids to extract oil from oil-bearing shale. The same properties that facilitate the movement of solvents through oil also make it easier for them to move through skin and into the human body. It should not be surprising that people harmed by oil and gas activities, such as the BP DWH disaster (solvent-crude oil combined), tar sands oil spills (solvent-tar sands oil combined), [link] and fracking activities (solvent-light oil combined) are reporting similar sicknesses and symptoms characteristic of exposure to crude oil and oil-based solvents.

It is my hope that, as people’s health, livelihoods, and property are harmed by these extreme oil activities, people will understand the need to shift off oil to safer energy options and take action to achieve true energy independence. This is the movement that I see growing in all regions of our country. This is the movement that I am committed to building.

See you on the Road.

Riki

http://www.rikiott.dreamholsters.com/

“The transformation starts when we believe that we have the power to act. When enough of us prove another way is possible and demand change, the politicians will have no choice but to follow the people’s lead and make things right in America.

We have the power to stop the oil industry and the federal government from doing more harm. It is time to exercise our power in our communities.” – Riki Ott

For more on Riki Ott please visit her website here http://www.rikiott.dreamhosters.com/

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DEPARTMENT OF JUSTICE
FOR IMMEDIATE RELEASE

ENRD
THURSDAY, SEPTEMBER 28, 2000

(202) 514-2008
WWW.USDOJ.GOV

TDD (202) 514-1888

KOCH INDUSTRIES INDICTED FOR ENVIRONMENTAL CRIMES AT REFINERY

WASHINGTON, D.C. – A federal grand jury in Corpus Christi, Tex., today returned a 97-count indictment against Koch Industries Inc., Koch Petroleum Group, L.P., and four corporate employees charging them with environmental crimes at a Texas oil refinery.

The defendants are charged with violating federal air and hazardous waste laws at Koch Petroleum Group’s West Plant refinery near Corpus Christi. The indictment also charges the defendants with conspiracy and making false statements to Texas environmental officials.

The West Plant is subject to Clean Air Act standards that limit emissions of benzene. In 1977, the EPA added benzene to the list of hazardous air pollutants based on scientific reports strongly suggesting an increased incidence of leukemia in humans exposed to benzene. The Clean Air Act also requires owners and operators of oil refineries like the West Plant to submit an annual report to federal and state regulators certifying that their refineries comply with benzene regulations.

Under the Act, the West Plant was required to comply with the federal benzene standards by April, 1993, but Koch Petroleum Group applied for and received a compliance waiver until January, 1995. The indictment alleges that in 1995, Koch Industries and Koch Petroleum Group were informed by an employee that the West Plant had at least 91 metric tons of uncontrolled benzene in its liquid waste streams, some 15 times greater than the 6 metric ton limit that applied to the refinery.

“Companies that produce dangerous pollutants simply cannot focus on profit and efficiency at the expense of a community’s health,” said Lois Schiffer, Assistant Attorney General in charge of the environment at the Justice Department. “We will continue to find and prosecute those who would flout our environmental laws.”

The indictment charges Koch Industries and Koch Petroleum Group with violating the Clean Air Act by, among other things, failing to install required emission control devices in 1995 on certain waste management units, such as its oil-water separators, wastewater sewers, and oil and wastewater tanks.

In addition, the indictment alleges that a device that Koch Petroleum Group installed in January 1995 to destroy benzene fumes from two oil-water separators, the Thermatrix Thermal Oxidizer, could not handle the high levels of benzene routed to it, and it would often shut down for extended periods of time.

According to the indictment, when the Thermatrix shut down, the West Plant continued to operate and Koch Industries and Koch Petroleum Group intentionally vented large amounts of untreated benzene fumes directly to the atmosphere through a bypass stack. The benzene released through the bypass stack exceeded 10 pounds per 24-hour period on several occasions, and Koch Industries and Koch Petroleum Group did not report these releases to the National Response Center. As a result, Koch Industries and Koch Petroleum Group and have been charged with violating the Comprehensive Environmental Response, Compensation and Liability Act for failing to immediately report to the National Response Center the discharges of a hazardous substance, namely benzene, from its West Plant.

The defendants then made false and misleading statements to the Texas Natural Resource Conservation Commission to conceal the extent of the refinery’s noncompliance with the Clean Air Act, according to the indictment, and falsely certified in a report filed in1996 that the refinery complied with the benzene regulations.

“The Texas Natural Resource Conservation Commission takes very seriously its responsibility to enforce all environmental laws to protect public health and the environment,” said TNRCC Executive Director Jeff Saitas. “We continue to work closely with state and federal task force members on this and other environmental criminal matters.”

David L. Lamp of Woodlands, Texas, was plant manager of the West Plant from November 1991 until June 1994, when he was promoted to Vice President for Marketing of the Koch Refining and Chemical Group. In May 1996, Lamp became vice president of Texas operations for Koch Refinery Company, which later became Koch Petroleum Group. Lamp is charged with conspiracy to violate the Clean Air Act and conspiracy to make false statements to Texas environmental officials; with operating the West Plant in violation of the Clean Air Act; and with making false statements to Texas environmental officials. If convicted, Lamp faces a maximum penalty of 25 years imprisonment and $1.25 million in fines.

Vincent A. Mietlicki of Andover, Kan., was an attorney in the legal department of Koch Industries, Inc. and subsequently the environmental manager of the West Plant. Mietlicki is charged with conspiracy to violate the Clean Air Act and conspiracy to make false statements to Texas environmental officials; with operating the West Plant in violation of the Clean Air Act; and with two counts of making false statements to Texas environmental officials. If convicted, Mietlicki faces maximum penalties of 35 years imprisonment and $1.75 million in fines.

John C. Wadsworth of Wichita, Kan., was vice president and plant manager of the West Plant from 1994 until 1996. Wadsworth is charged with conspiracy to violate the Clean Air Act and conspiracy to make false statements to Texas environmental officials. Wadsworth is also charged with operating the West Plant in violation of the Clean Air Act. If convicted, Wadsworth faces maximum penalties of 20 years imprisonment and $1 million in fines.

James W. Weathers, Jr. of Andover, Kan., was environmental engineer from 1992 until 1996, when he became manager of the environmental department at the West Plant. Weathers is charged with conspiracy to violate the Clean Air Act and conspiracy to make false statement to Texas environmental officials . Weathers is also charged in the indictment with two counts of making false statements to Texas environmental officials. Weathers faces maximum penalties of 20 years imprisonment and $1 million in fines if convicted.

Koch Industries and its subsidiary Koch Petroleum Group face a maximum statutory penalty of $48.5 million. Alternatively, under federal law, the companies may be subject to fines of twice the pecuniary gain realized from the criminal offenses, in lieu of the maximum penalty under the applicable statutes. According to the indictment, Koch Industries and Koch Petroleum Group earned profits of more than $176 million in 1995, while operating the refinery in violation of the Clean Air Act. One goal of the alleged conspiracy was to maximize profits and avoid shutting down the refinery, which did not meet environmental standards.

The case was investigated by the Texas Environmental Enforcement Task Force, comprised of federal and state agencies, including the FBI, the EPA’s Criminal Investigation Division, and the Texas Natural Resource Conservation Commission’s Special Investigations Unit. The case is being prosecuted by the Department of Justice Environmental Crimes Section.

“Today’s indictments demonstrate the importance of close cooperation with our state and federal task force partners,” said Steve Herman, EPA’s Assistant Administrator for Enforcement and Compliance Assurance. “We will continue to work vigorously with other enforcement agencies to ensure that the public is protected from chemical pollution in the air.”

An indictment is a formal charge that a defendant has committed a criminal violation of federal law. Every defendant is presumed innocent unless and until proven guilty.

To view the Department of Justice Press Release click on the link below.

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