Environment

BP’s Texas City refinery in Texas City, Texas.  AP

BP engulfed in lawsuit over 40-day Texas flare

By Kristen Lombardi

By now images of the April 2010 Gulf oil spill are indelible: The rig engulfed in smoke, oil gushing into the ocean, beaches stained on the coast. These images defined the largest environmental disaster in U.S. history — and sealed BP PLC’s reputation as a corporate polluter.

But two weeks before the Deepwater Horizon rig exploded, killing 11 workers and spewing millions of gallons of oil into the Gulf of Mexico, BP was spewing a different kind of pollution — in a major case that has received far less attention.

This case involved dirtying the air around its refinery in Texas City. Throughout most of April and May of 2010, the Texas refinery belched massive amounts of pollutants — toxic chemicals including benzene, toluene and hydrogen sulfide — from a towering flare designed to burn only during emergencies. The single “emissions event,” as BP reported it to the state, triggered by an equipment breakdown, lasted 959 hours and 30 minutes — or 40 days.

“The release went so long,” said Bruce Clawson, of Texas City’s emergency response division, which tracks such incidents. “We’ve never had a release go that long before.”

Now two years later, with the Gulf spill legal maze including $4.5 billion in fines, corporate guilty pleas to 14 criminal charges and an Environmental Protection Agency ban of the company from new government contracts, the so called “40-day Release” case churns slowly ahead, with a $500 billion lawsuit pending in Texas District Court.

Hard Labor

Walmart trailers parked outside the Schneider Logistics warehouse in Mira Loma, Calif. Lawyers alleging wage theft from mostly immigrant Latino contract workers at the Southern California warehouse complex took steps to add Walmart as a defendant in an ongoing federal lawsuit. Adithya Sambamurthy/Center For Investigative Reporting

Warehouse worker lawsuit targets Walmart

By Jim Morris and Adithya Sambamurthy

MIRA LOMA, Calif. – Lawyers alleging wage theft from mostly immigrant Latino contract workers at a Southern California warehouse complex took steps today to add Walmart as a defendant in an ongoing federal lawsuit.

The move is expected to draw the nation’s largest retailer into a case in which it had, heretofore, been tangentially involved – and raises questions about the human cost of Walmart’s tightly controlled supply chain, which relies heavily on contractors and subcontractors.

“Walmart employs a network of contractors and subcontractors who have habitually broken the law to keep their labor costs low and profit margins high,” Michael Rubin, a lawyer for the workers, contended in a written statement to the Center for Public Integrity and the Center for Investigative Reporting. “We believe Walmart knows exactly what is happening and is ultimately responsible for stealing millions of dollars from the low-wage warehouse workers who move Walmart merchandise.”

A court document filed today in Los Angeles claims, "Recent discovery has established that Walmart bears ultimate responsibility for the violations of state and federal law committed against plaintiff warehouse workers," who "perform hard physical labor for long hours with little pay under hot, hazardous, and dust-filled conditions, unloading and loading trucks destined for Walmart stores and distribution centers throughout the United States."

The class-action lawsuit, filed in October 2011, accuses the owner of the Mira Loma warehouse complex, Schneider Logistics Transloading and Distribution, and two staffing agencies of cheating contract workers out of pay.

Hard Labor

Reporter Jim Morris and Canadian researchers Jim Brophy and Margaret Keith will answer your questions about new findings for breast cancer risks

Hard Labor

Margaret Keith, a researcher behind a study that linked breast cancer to the auto plastics industry, called the issue of women’s health in industry “a no-go area.” She said that more work needs to be done to ensure parity with their male counterparts. James Fassinger for the Toronto Star

Union demands protection for workers, after breast cancer linked to auto plastics industry

By Jennifer Quinn, Robert Cribb, Julian Sher and Jim Morris

WINDSOR, Ontario — When some women walk onto a factory floor, punch their time card at a food processing facility, or start their shift at the foundry, they are literally dying to go to work, union members and health care advocates say.

A study that showed women working in those industries have a higher risk for breast cancer raised calls for protection of those workers.

And after the study’s principal researchers presented the results of their work to about 40 people here Monday, the reaction was anger, rather than fear.

“We have to say enough is enough,” said Terry Weymouth, a skills co-ordinator with the Canadian Auto Workers. “We are not dying because we need jobs.

“It’s time we stand up and say this is not right,” she said. “We should be mad. One in nine women are diagnosed with breast cancer.”

The six-year study, published Monday in the journal Environmental Health, examined the occupational histories of 1,006 women in Essex and Kent counties who had breast cancer, and another 1,146 who did not.

The researchers, who came from Canada, the U.S., and the U.K., took into account factors like smoking, weight, alcohol use and other lifestyle and reproductive factors. The women in the study worked in auto parts plants, casinos, food canning factories, on farms, and in metalworking plants.

The researchers found that women who work in the automotive plastics industry were almost five times as likely to develop breast cancer, prior to menopause, as women in a control group.

Lead researcher James Brophy called the work “a local study that has far-reaching implications.”

Hard Labor

Breast cancer victim Carol Bristow, 54, has worked as a machine operator in a plastic auto parts factory in Windsor, Ontario, for 23 years. A recent study that found a high breast cancer risk for plastics workers supports her belief that on-the-job exposures to toxic fumes and dust played a role in her illness.

Study spotlights high breast cancer risk for plastics workers

By Jim Morris

WINDSOR, Ontario — For more than three decades, workers, most of them women, have complained of dreadful conditions in many of this city’s plastic automotive parts factories: Pungent fumes and dust that caused nosebleeds, headaches, nausea and dizziness. Blobs of smelly, smoldering plastic dumped directly onto the floor. “It was like hell,” says one woman who still works in the industry.

The women fretted, usually in private, about what seemed to be an excess of cancer and other diseases in the factories across the river from Detroit. “People were getting sick, but you never really thought about the plastic itself,” said Gina DeSantis, who has worked at a plant near Windsor for 25 years.

Now, workers like DeSantis are the focal point of a new study that appears to strengthen the tie between breast cancer and toxic exposures.

The six-year study, conducted by a team of researchers from Canada, the United States and the United Kingdom, examined the occupational histories of 1,006 women from Ontario’s Essex and Kent counties who had the disease and 1,146 who didn’t. Adjustments were made for smoking, weight, alcohol use and other lifestyle and reproductive factors.

The results, published online today in the journal Environmental Health, are striking: Women employed in the automotive plastics industry were almost five times as likely to develop breast cancer, prior to menopause, as women in the control group.

These workers may handle an array of carcinogenic and endocrine-disrupting chemicals. They include the hardening agent bisphenol A (BPA) — whose presence in polycarbonate water bottles and other products has unnerved some consumers — plus solvents, heavy metals and flame retardants.

Hard Labor

A coal miner performs a lung function test in a mobile clinic run by the National Institute for Occupational Safety and Health (NIOSH) in Norton, Va. After decades of decline, black lung is back. Its resurgence is concentrated in central Appalachia, and younger miners are increasingly getting the most severe, fastest-progressing form of the disease. Federal regulators are assembling a team of lawyers and other experts to consider how to bolster coal mine dust enforcement given systemic weaknesses revealed by the Center for Public Integrity and NPR. David Deal/NPR

IMPACT: Federal inspectors step up enforcement of rules to prevent black lung

By Chris Hamby

A federal enforcement blitz targeting coal mines with potentially dangerous levels of dust found a host of violations at more than a dozen sites where conditions left miners at risk for developing black lung disease.

Following the April 2010 explosion at the Upper Big Branch mine in southern West Virginia, regulators have focused on problem mines under a new special enforcement program. The most recent round of inspections, however, used new criteria to target mines likely to have problems controlling the dust that can lead to black lung.

The inspections followed a Center for Public Integrity-NPR investigation that highlighted the resurgence of black lung disease and exposed widespread misconduct by coal companies and often-lax enforcement by the federal Mine Safety and Health Administration.

In September, inspectors found more than 120 violations at 13 coal mines. Many companies failed to ventilate working areas properly and relied on broken-down equipment to suppress dust, citations allege. Two of the mines cited are owned by Robert Murray, who has lent strong support to presidential candidate Mitt Romney. A representative for Murray Energy Corp. could not be reached for comment Wednesday.

The inspections focused heavily on mines in Appalachia, where the increase in black lung has been most dramatic. Overall, rates of the disease have declined since 1969, when, in a landmark law, Congress forced companies to control dust levels.

Poisoned Places

The Marathon refinery in Detroit has nearly finished a $2.2 billion expansion that will allow it to process more high-sulfur “tar sands” crude from Canada. Kirk Allen

Detroit refinery expansion adds more Canadian crude, brings more worries

By Jim Morris and Chris Hamby

DETROIT — In an economically distressed pocket of southwest Detroit known by its ZIP code — 48217 — the weekend of September 7-9 was one of the worst, pollution-wise, residents like Theresa Shaw could remember.

“I started smelling it on Thursday,” said Shaw, who immediately suspected the Marathon Petroleum Co. refinery a half-mile from her house. “I kept the windows closed because I couldn’t breathe. On Friday, I thought, ‘What the heck are they doing?’ My eyes were just burning, my throat was hurting, my stomach was hurting. I was having migraine headaches.

“The smell, it was like this burning tar, with that benzene and that sulfur. I wanted to scream.”

Shaw retreated to her sister’s house on the north side of town. Responding to citizen complaints, the Michigan Department of Environmental Quality traced the powerful odor to Marathon, which had been cleaning several large vessels, and wrote up the company for a nuisance violation.

Marathon says it is “committed to environmental responsibility” and acted quickly to correct the odor problem, a byproduct of plant maintenance.

Yet the episode further eroded residents’ trust in the company and underscored their fears about a $2.2 billion refinery expansion that will allow Marathon to process more high-sulfur Canadian crude oil.

The build-out, nearly complete, won’t add to the air pollution burden, Marathon promises. In fact, the Ohio-based company vows, emissions of some pollutants will go down and job numbers will go up.

Shaw doesn’t buy it. “They’ve disrespected us in this neighborhood over and over and over again,” she said.

Poisoned Places

Marathon impact

The Marathon refinery in Detroit has nearly finished a $2.2 billion expansion that will allow it to process more high-sulfur “tar sands” crude from Canada.

Kirk Allen

An abandoned house in the Oakwood Heights section of southwest Detroit, near the Marathon refinery. The company has been buying homes in the decaying neighborhood.

Kirk Allen

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Marathon Petroleum Co. says it has been, and will continue to be, a good neighbor, but some who live near the refinery are skeptical. “They’ve disrespected us in this neighborhood over and over and over again,” says one resident.

Kirk Allen

A Detroit neighborhood known by its ZIP code – 48217 – has seen better days. Some residents fear the area will deteriorate further after the expanded Marathon refinery begins operating.

Kirk Allen

“It’s like a Frankenstein lab experiment,” 48217 resident Theresa Landrum says of living with air pollution from the Marathon refinery.

Kirk Allen

Environment

Center environmental investigations honored nationally

By The Center for Public Integrity

Three Center for Public Integrity investigations examining environmental and health hazards have been honored in recent weeks with four national reporting prizes.

The investigative reports ranged from a year-long examination into clean air hazards in the U.S. to an exploration of how a rare kidney disease is killing laborers and confounding scientists across continents.

The work honored:

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Writers and editors

Jim Morris

Senior Reporter The Center for Public Integrity

Jim Morris has been a journalist since 1978, specializing in coverage of the environment and public health.... More about Jim Morris

Kristen Lombardi

Staff Writer The Center for Public Integrity

Kristen Lombardi is an award-winning journalist who has worked for the Center for Public Integrity since 2007.... More about Kristen Lombardi

Chris Hamby

Staff Writer The Center for Public Integrity

Chris Hamby’s reporting on the environment and workplace safety has been recognized with the James Aronson Award for Social Justice Journ... More about Chris Hamby

Ronnie Greene

Senior Reporter The Center for Public Integrity

Greene joined the Center in 2011 after serving as The Miami Herald’s investigations and government editor.... More about Ronnie Greene