* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. DR. HOPKINS, DID [00:00:01] YOU, UH, LAUREN [Press Conference: "Update to Cancer Cluster in Kashmere Gardens"] BEIJING. DR. HOPKINS . YEAH. LET'S GET LAUREN IN HERE FOR SURE. AN MTX BE. AND WHILE WE ARE GETTING ORGANIZED, LET, UH, LET ME ACKNOWLEDGE, UH, UH, CITY COUNCIL MEMBER CARLOS ES OF DISTRICT H THANK YOU FOR JOINING US. UH, LET ME ACKNOWLEDGE STATE SENATOR BORIS SMILES. THERE HE IS BEHIND ME, UM, COUNTY COMMISSIONER RODNEY ELLIS. UH, THERE HE IS, COUNTY ATTORNEY CHRIS MENIFEE, UH, ENVIRONMENTAL ATTORNEY, JIM BLACKBURN. UM, OF COURSE WE KNOW THE CITY ATTORNEY OR TOUR MICHELLE AND, AND HIS TEAM, UM, THAT'S ALSO PRESENT, UH, DR. LAURA HOPKINS WITH THE CITY OF HOUSTON HEALTH DEPARTMENT. UM, I DO ALSO WANT TO ACKNOWLEDGE JUDGE SCHOOL BOARD TRUSTEE KATHY BLUFORD DANIEL, WHO'S QUITE FAMILIAR WITH THE AREA THAT WE ARE TALKING ABOUT TODAY. UH, AND THEN THERE WILL BE OTHERS THAT WILL PROBABLY BE INTRODUCED AS WE MOVE FORWARD. LOOK, LET ME THANK YOU FOR, FOR, UH, JOINING US TODAY. UH, I ALSO WANT TO ACKNOWLEDGE OTHERS IN THE ROOM, INCLUDING RESIDENTS OF FIFTH WARD, CASHMERE GARDEN GARDENS, AND OTHERS WHO MAY BE AFFILIATED WITH THE HOUSTON HEALTH DEPARTMENT. TODAY WE ARE ANNOUNCING THAT THE CITY OF HOUSTON HAS DELIVERED TO UNION SPECIFIC RAILROAD, THE CITY'S NOTICE OF INTENT TO SUE, UH, UNION SPECIFIC UNDER THE FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT. THE LAWSUIT IS BEING FILED FOR THE IMMINENT AND SUBSTANTIAL ENDANGERMENT FROM ENVIRONMENTAL CONTAMINATION FROM UPS FACILITIES ON LIBERTY ROAD, AND THE GREATER FIFTH WARD AND CASHMERE GARDENS NEIGHBORHOOD. THE CITY IS JOINED IN THIS EFFORT BY HARRIS COUNTY, AS WELL AS AN ORGANIZATION OF PRIVATE CITIZENS CALLED THE BAYOU CITY INITIATIVE, LED BY NONE OTHER THAN JIM BLACKBURN. TODAY, WE ARE CONTINUING OUR FIGHT FOR ENVIRONMENTAL JUSTICE BY NOTIFYING UP THAT WE FULLY INTEND TO INVOKE THE FEDERAL JUDICIAL PROCESS. HOWEVER, BEFORE WE CAN FILE A LAWSUIT, WE ARE REQUIRED BY LAW TO DELIVER THIS NOTICE TO UP OF OUR INTENT TO SUE, AND WE MUST DO SO. 90 DAYS BEFOREHAND, WE HAVE SERVED COPIES OF THE LETTER ON THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY, THE EPA, WHO WILL HAVE THE OPPORTUNITY TO USE THEIR RESOURCES TO REQUIRE UP TO TAKE ACTION. HISTORICAL OPERATIONS AT THE UP FACILITY INCLUDE CREOLE TREATMENT AND WASTE DISPOSAL. THE RESULTING CONTAMINATION REACHED THE GROUNDWATER, THE GREATER FIFTH WARD AND CASHIER GARDEN NEIGHBORHOOD. THE UT UP FACILITY AND SURROUNDING PROPERTIES CONTINUE TO BE CONTAMINATED TODAY WITH NUMEROUS HAZARD MATERIALS. AND THESE WASTE MATERIALS CONTINUE TO MOVE UNDERGROUND, MIGRATING FURTHER OFF SITE FROM THE FACILITY. EARLIER THIS MONTH, WE ANNOUNCED THE DISCOVERY OF THE CHEMICAL DIOXIN IN A SINGLE SURFACE SAW SAMPLE TAKEN ON JUNE 15TH, 2022, NEAR LIBERTY ROAD AND LAVENDER STREET IN CASHMERE GARDENS. FOLLOWING THE DETECTION IN THE INITIAL SAMPLE, THE HEALTH DEPARTMENT GATHERED MORE SAMPLES AND IS CONDUCTING LABORATORY TESTING OF THOSE SAMPLES. THE HEALTH DEPARTMENT IS ALSO PROCEEDING WITH A COMMUNITY PLAN TO INFORM RESIDENTS AND WILL CONTINUE WORKING CLOSELY WITH THE EPA, THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES AND THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY TCEQ. THE FINDING OF DIOXIN IN THE FIFTH WARD AND CASHIER GARDEN AREA IS NOTEWORTHY AND UNDERSCORES WHILE WE ARE WORKING AGGRESSIVELY TO PROTECT FAMILIES AND THEIR CHILDREN. WE ALREADY KNOW THAT THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOUND A HIGHER THAN EXPECTED CANCER RATE OF ACUTE LYMPH LYMPHO PLASTIC LEUKEMIA, AND NEARLY FIVE TIMES THE EXPECTED RATE IN THE COMMUNITY. WE CANNOT CONTINUE TO WAIT AND HOPE THAT THE RIGHT THING IS GOING TO BE DONE TO PROTECT THE PEOPLE OF FIFTH WARD AND CASHMERE GARDENS, WHILE WE INVITE RENEWED DIALOGUE WITH UP [00:05:01] TO ADDRESS THE NEEDS OF THE CITY OF HOUSTON, AS WELL AS OUR ALLIES IN THIS ACTION. AND UPS NEIGHBORS THE HOUSTONIANS, LIVING IN CLOSE PROXIMITY TO UP LIBERTY ROAD FACILITY, WE WANT UP TO HEAR US VERY CLEARLY. IF UP WILL NOT MAKE TRULY MEANINGFUL CHANGES TO ADDRESS THE POLLUTION WITH OUR LAWSUITS BY THE CITY, THE COUNTY, AND THE COMMUNITY, THEN WE WILL SEEK JUSTICE AT THE COURTHOUSE. UP. MUST DO MORE TO INVESTIGATE, REMOVE, AND CONTAIN THESE CONTAMINANTS UP MUST ENGAGE IN THOROUGH TESTING OF THE SOIL AND AIR UP MUST REMEDIATE THE UNDERGROUND CONTAMINATION UP. MUST ASSIST THE RESIDENTS OF CASHMERE GARDENS IN THE GREATER FIFTH WARD WITH ACCESS TO HEALTHCARE AND DIAGNOSTIC SCREENING. AND RESIDENTS MUST BE RELOCATED OUT OF HARM'S WAY UP SHOULD ASSIST WITH FUNDING FOR RELOCATION, WHETHER THAT BE TEMPORARY OR PERMANENT. A FULL LIST OF OUR DEMANDS TO UP CAN BE FOUND IN OUR NOTICE OF INTENT LETTER. THE LETTER TO UP IS THE LATEST STEP IN THE CITY'S ONGOING EFFORTS TO BRING REDRESS TO THE HISTORICALLY AFRICAN AMERICAN COMMUNITIES OF THE GREATER FIFTH WARD AND CASHIER GARDENS FAR TOO LONG AND AT TOO HIGHER COSTS. THESE COMMUNITIES HAVE BEEN IGNORED AND DISRESPECTED BY UP. THE COST IS SIMPLY TOO HIGH. THE BURDEN ON THESE RESIDENTS IS SIMPLY TOO GREAT. NOW LET ME YIELD TO THE HARRIS COUNTY ATTORNEY CHRIS MENIFEE, WHO WILL BE FOLLOWED BY, UM, JIM BLACKBURN, WHO WILL THEN BE FOLLOWED BY COMMISSIONER ELLIS. THANK YOU VERY MUCH, UH, MR. MAYOR. AND I'M CHRISTIAN MENIFEE. I'M THE HARRIS COUNTY ATTORNEY, UH, THE CIVIL LEGAL OFFICER FOR HARRIS COUNTY, AND WE ACT AS THE CHIEF ENFORCEMENT OFFICER FOR ALL ENVIRONMENTAL ISSUES AT THE COUNTY. WE HAVE FOR MORE THAN 60 YEARS. LOOK, FOLKS, WE'RE HERE TODAY BECAUSE, UH, ENOUGH IS ENOUGH. UNION PACIFIC HAS KNOWN ABOUT THIS CONTAMINATION IN THIS AREA SINCE THE MID 1990S. THEY STARTED PROPOSING A CLEANUP PLAN WAY BACK IN 2014. AND SINCE THEN, THERE HAVE BEEN CANCER CLUSTERS THAT HAVE BEEN DESIGNATED IN THIS AREA. UH, THE EPA HAS GOTTEN INVOLVED AND SAID THAT THE DATA UPON WHICH UNION PACIFIC IS RELYING HAS GAPS IN IT. UH, AND WE'VE SEEN PEOPLE DIE TIME AND TIME AGAIN IN THESE COMMUNITIES. SO WE'RE HERE TODAY TAKING ACTION BECAUSE ENOUGH IS ENOUGH DESPITE ALL THESE THINGS. AND TO BE CLEAR, THE CITY, MY OFFICE, WE HAVE TRIED TO HAVE DISCUSSIONS WITH UNION PACIFIC TO REACH A RESOLUTION. WE HAVE TRIED TIME AND TIME AGAIN, AND YET, DESPITE ALL THESE THINGS RIGHT NOW, WE'RE ABSOLUTELY NOWHERE. JUST LAST YEAR, A 13-YEAR-OLD BOY OUT IN THESE NEIGHBORHOODS OUT IN FIFTH WARD, PASSED AWAY FROM LEUKEMIA. UM, I SAY THIS AS SOMEONE WHO HAD A BROTHER WHO WAS BATTLING LEUKEMIA AS A CHILD, SOMEONE WHO HAS FAMILY MEMBERS WHO GREW UP IN FIFTH WARD. AND EACH AND EVERY ONE OF US IN THIS ROOM KNOWS THAT IF THESE ISSUES WERE HAPPENING IN RIVER OAKS, IF THESE ISSUES WERE HAPPENING IN WESTVIEW, YOU WOULD SEE EVERY SINGLE PUBLIC OFFICIAL WHO'S WORTH THE DAMN. YOU WOULD SEE THEM ALL OUT THERE MAKING SURE THAT SOMETHING GOT DONE. THE, THE COMPANY THAT WAS AT FAULT WOULD BE OUT IN THESE COMMUNITIES TAKING CARE OF THE ISSUES. WE CANNOT IGNORE FIFTH WARD. AND SO THAT'S WHY WE'RE HERE TOGE TODAY. AND TO BE CLEAR, WE'RE ASKING FOR THREE VERY SIMPLE THINGS FROM UNION PACIFIC. WE WANT THEM TO FULLY INVESTIGATE THE SPREAD OF THE CONTAMINATION IN THIS AREA, BOTH ONSITE AND OFFSITE. WE WANT THEM TO FULLY ASSESS THE HEALTH RISKS THAT ARE ASSOCIATED WITH THAT CONTAMINATION AND INFORM THE FOLKS IN THESE COMMUNITIES ABOUT THE HEALTH RISKS TO THEM. AND OF COURSE, WE WANT THEM TO DO EVERYTHING IN THEIR POWER TO ENSURE THAT THE PEOPLE WHO LIVE IN THESE COMMUNITIES ARE SAFE. WHETHER THAT BE RELOCATION OR A CLEANUP PLAN THAT DOESN'T HAVE MASSIVE GAPS IN IT, AS WAS ALREADY SAID BY THE EPA, WE'RE FILING, UH, UNDER A FEDERAL LAW, UH, WE CALL IT . AND YOU'RE GONNA HEAR ATTORNEY JIM BLACKBURN TALK A LITTLE BIT MORE ABOUT IT. BUT THE REASON WHY WE'RE DOING THIS IS BECAUSE THIS GETS US INTO THE FEDERAL COURTS. AND AT THIS POINT, WE HAVE TRIED THE OTHER AVENUES. OUR OUR OPTIONS ARE LIMITED IN STATE COURT AND UNDER STATE LAW. WE'VE TRIED HAVING THE CONVERSATIONS. BUT ONE IMPORTANT THING ABOUT THIS LAW IS IT GIVES THE COURTS VERY BROAD AUTHORITY TO FASHION A REMEDY THAT'S GOING TO ACTUALLY HELP THESE PEOPLE WHO LIVE IN THESE COMMUNITIES. AND WHAT YOU'RE SEEING TODAY IS FOLKS IN THE COMMUNITY, THE CITY AND THE COUNTY COMING TOGETHER TO FIGHT SIDE BY SIDE TO PROTECT THESE RESIDENTS. AND, AND MOST IMPORTANTLY, WHAT WE'RE HOPING THAT THIS IS GOING TO DO IS DEEPEN THE PARTNERSHIP WITH THE ENVIRONMENTAL PROTECTION AGENCY. THE CITY OF HOUSTON LED BY THE MAYOR, UH, SENT A LETTER TO THE EPA LAST YEAR. AND THE EPA WENT THROUGH AND REVIEWED THE PERMIT APPLICATION FOR THE CLEANUP PLAN THAT UNION PACIFIC HAD SUBMITTED. AND WHAT THEY SAID WAS, HEY, THERE ARE GAPS IN THE DATA THAT YOU'RE RELYING ON. THAT WAS A RESULT OF THE LETTER THAT WAS [00:10:01] SENT BY THE CITY. SO WE'RE HOPING THAT THE EPA WILL BE MORE IN THE GAME ON THIS AND STANDING ALONGSIDE US ADVOCATING, UH, FOR THESE COMMUNITIES COMMUN FOLKS, IN CLOSING, WE, WE CANNOT IGNORE FIFTH WARD. OKAY? THIS IS A COMMUNITY THAT HAS HIGHER RATES OF CANCER, HIGHER RATES OF ASTHMA, HIGHER RATES OF COPD THAN OTHER AREAS IN OUR COUNTY. AND OUR COUNTY IS ALREADY AT THE CENTER OF THE ENVIRONMENTAL JUSTICE MOVEMENT, JUST GIVEN THAT WE'RE HERE IN THE ENERGY CAPITAL OF THE WORLD. SO THESE ARE FOLKS WHO CANNOT BE IGNORED. MANY OF US ON THIS STAGE HAVE WALKED THESE STREETS AND HAD FOLKS LIKE SANDRA EDWARDS TELL US IN THIS HOUSE, YOU HAD A GRANDPARENT WHO HAD CANCER IN THIS HOUSE, TWO KIDS DIED FROM CANCER IN THIS HOUSE, A MARRIED COUPLE, AND THE HUSBAND GOT CANCER. WE CANNOT CONTINUE TO IGNORE THE ISSUES THAT THESE FOLKS ARE FACING, AND WE'RE GOING TO CONTINUE TO FIGHT ON THIS. WE WELCOME CONTINUED CONVERSATION WITH UNION PACIFIC, BUT THUS FAR, IT IS NOT GETTING US TO A POINT TO WHERE WE'VE ACTUALLY SEEN MEANINGFUL CHANGE. AND SO BECAUSE OF THAT, WE'RE PURSUING THIS LEGAL A, THIS LEGAL AVENUE, UH, AND WE'RE GONNA FIGHT IT OUT IN THE COURTS IF NECESSARY. THANK YOU. THANK BLACK. THANK YOU. THANK YOU, MAYOR. UM, THE BAYOU CITY INITIATIVE WAS FORMED INITIALLY TO FOCUS ON FLOODING. AND WE'VE WORKED WITH THE NORTHEAST SUPER NEIGHBORHOOD, UH, COOPER NEIGHBORHOODS UNITED. AND IN THE COURSE OF OUR FLOODING INVESTIGATION, WE RAN ACROSS CONTAMINATION AT THE UNION PACIFIC SITE. AND I TOOK THIS ISSUE TO MY CLASS AT RICE UNIVERSITY, AND, UH, THE STUDENTS WANTED TO STUDY IT. AND SO WITH THE HELP OF LAUREN HOPKINS OVER HERE, WHO IS AN ABSOLUTE RESOURCE OF THE CITY OF HOUSTON, WE WERE ABLE TO PULL TOGETHER SOME OF THE MOST DAMNING INFORMATION I HAVE EVER RUN ACROSS IN TERMS OF ENVIRONMENTAL CONTAMINATION. I'VE BEEN PRACTICING ENVIRONMENTAL LAW FOR 50 YEARS, AND THIS IS ONE OF THE, UH, REALLY ONE OF THE MORE EXTREME AND IMPORTANT CONTAMINATION SITUATIONS I'VE EVER SEEN. UH, WE HAVE CANCER CLUSTERS LIKE CHRISTIAN WAS SAYING, AND WE HAVE COME TOGETHER, THE CITY, THE COUNTY, AND THE CITIZENS GROUP. UM, UH, I THINK JOTA STEVENSON IS HERE FROM FIFTH WARD. I THINK SANDRA EDWARDS IS HERE. I DON'T KNOW WHERE. SANDRA, SANDRA OVER THERE. UH, THEY CAME AND WORKED WITH OUR CLASS. THEY HAVE OPENED, UH, THEIR, THEIR MINDS AND THEIR HEARTS TO US TO, TO REALLY EXPOSE A SITUATION THAT IS JUST, JUST SHOULDN'T CONTINUE TO EXIST. TODAY, WE HAVE ALL FILED NOTICE OF INTENT TO SUE, WHICH ARE JURISDICTIONAL IN FEDERAL COURT. UH, THIS IS THE FIRST STEP. WE HAVE TO WAIT 90 DAYS BEFORE A LAWSUIT CAN FILE. WE CAN, WE CAN WAIT LONGER THAN 90 DAYS, BUT WE REALLY CAN'T FILE BEFORE 90 DAYS. AND THE HOPE IS THAT UNION PACIFIC WILL REACH OUT AND THAT WE'LL HAVE A CHANCE TO COME UP WITH SOMETHING THAT MAYBE CAN BE NEGOTIATED THAT WILL BE THE EASIEST SOLUTION THAT WE COULD FIND. UH, HOPEFULLY THAT WILL HAPPEN. IF IT DOESN'T, THEN THE FEDERAL COURTS ARE THERE. AND IN MY CAREER IN ENVIRONMENTAL LAW, UM, AS I GOT OLDER AND OLDER, I RELIED LESS AND LESS ON THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND MORE ON THE FEDERAL COURTS. GOING TO THE FEDERAL COURTS IS A REAL HONEST RIGHT, THAT WE HAVE AS CITIZENS. IT IS, I THINK, THE FIRST TIME THE CITY, THE COUNTY, AND A CITIZENS GROUP HAVE KIND OF UNITED TO BASICALLY PUT TOGETHER AN ACTION ON BEHALF OF A COMMUNITY. I'M SO PROUD, MAYOR, THAT YOU GUYS HAVE DONE THIS. RODNEY CHRISTIAN, I CAN'T TELL YOU HOW IMPORTANT IT IS TO HAVE YOU WITH THE CITIZENS GROUP. UH, AND HOPEFULLY WE'LL GET EPA AND HOPEFULLY WE'LL HAVE A, A COMMUNITY THAT CAN STAND PROUD WITH THE CLEANUP AND THE FACT THAT WE HAVE MOVED PAST THIS. BUT WE'VE GOT A LOT OF WORK TO DO. I DO WANT TO TELL YOU THAT WE ARE VERY HUMBLED TO BE HERE AND THANKFUL AND REALLY APPRECIATIVE. BEFORE, BEFORE YOU COME, BEFORE THE COMMISSIONER COME, LET ME BRING UP, UH, CITY ATTORNEY, ATTORNEY MICHELLE. QUITE FRANKLY, HE HAS BEEN THE ONE WHO HAS TAKEN THE POINT, UH, FOR THE CITY OF HOUSTON. HE'S THE ONE THAT'S BEEN, WHO WROTE THE LETTER TO, UH, UH, THE EPA THAT DOUG GOT. MANY OF THOSE DOCUMENTS THAT CHRISTIAN MENIFEE REFERRED TO. UH, HE'S THE ONE WHO'S ORGANIZED AND WORKED SPECIFICALLY WITH THE HEALTH DEPARTMENT. UH, SO YOU'VE HEARD FROM ME AT THE, AT THE BEGINNING, BUT QUITE FRANKLY, THE PERSON THAT'S OUT FRONT, UM, AS THE LAWYER, UH, IS ARTURA MICHELLE, THE CITY ATTORNEY, ALONG WITH THIS FANTASTIC TEAM. SO ARTURA, MICHELLE. THANK YOU, MAYOR RA. THE RESOURCE CONSERVATION AND RECOVERY ACT PROVIDES FOR PROSPECTIVE EQUITABLE RELIEF. SO IT'S LOOKING TO HELP THE COMMUNITY IN THE FUTURE, BUT TO DO THAT, IT HAS TO ALLEVIATE THE SINS OF THE PAST. ALL I WANT TO EMPHASIZE RIGHT NOW, BECAUSE I BELIEVE THE MAYOR AND MR. BLACKBURN AND MR. MENIFEE BEFORE ME HAVE PRETTY WELL OUTLINED WHAT IS BEING SOUGHT AND THE PROCESS. WHAT I WANT TO EMPHASIZE IS THAT THESE ENTITIES ARE HERE AS CITIZENS. THIS STATUTE PROVIDES FOR CITIZENS LAWSUITS, CITIZENS INCLUDES MUNICIPALITIES, [00:15:02] COUNTIES, AND OTHER ENTITIES. A CITIZENS LAWSUIT EXISTS. SO THE CITIZENS CAN STEP INTO THE SHOES OF THE FEDERAL GOVERNMENT, BUT THE FEDERAL GOVERNMENT CAN COME IN AND TAKE OVER THIS LITIGATION. WE WILL STILL PROVIDE SUPPORT EVERYTHING THAT'S NEEDED, BUT THE FEDERAL GOVERNMENT CAN BRING TO BEAR ITS FULL RESOURCES, UH, IT'S REGULATORY RESOURCES, AND IMPORTANTLY, FUNDING RESOURCES FOR THE REMEDIATION AND FOR RELOCATION. SO WE ARE ASKING THAT THE FEDERAL GOVERNMENT STEP INTO THIS LAWSUIT, AND WE WILL, WE HAVE ASKED THAT BEFORE AND WE WILL REITERATE IT AGAIN. THANK YOU. AND JUST LIKE JIM, UH, BLACKBURN AND COMMUNITY, UH, ADVOCATES, THE COUNTY HAS JUST BEEN AN INVALUABLE PARTNER WITH US EVERY STEP OF THE WAY. LET ME BRING UP, UH, COUNTY COMMISSIONER RIGHT NOW. THAT'S A PRECINCT ONE. THANK YOU, MAYOR. I'M, I'M PUTTING MY MASK ON AS WELL. ALL THESE LAWYERS ON THE STAGE, I'M GONNA COVER UP. UH, BUT MAYOR, THANK YOU. UH, JIM BLACKBURN MADE THE COMMENT, THIS MIGHT BE THE FIRST TIME THAT THE COUNTY AND THE CITY HAVE COALESCED ON ACTION LIKE THIS. IT WON'T BE THE LAST, UH, I THINK UNDER THIS MAYOR AND OUR COUNTY JUDGE AND COMMISSIONER GARCIA, OUR GREAT COUNTY ATTORNEY, YOU'LL SEE MORE AND MORE OF THIS. IT IS IMPORTANT, SENATOR MILES THAT, UH, WE ALL COME TOGETHER 'CAUSE IT MAKES A VERY POWERFUL STATEMENT. I WANNA SAY THAT FOR LONGER THAN I'VE BEEN ALIVE, PEOPLE IN THE FIFTH WARD HAVE BEEN LIVING IN THE SHADOW OF UNION PACIFIC. AND THOSE NEARBY NEIGHBORHOODS IN FIFTH WARD WERE, AS THE MAYOR SAID, HISTORICALLY, BLACK INCREASINGLY BECOMING MORE AND MORE HISPANIC. FOLKS IN FIFTH WARD AND CASHIER GARDENS WHO LIVED NEAR THE SITE, HAVE KNOWN FOR YEARS THAT SOMETHING WAS NOT RIGHT. THEY BURIED TOO MANY CHILDREN, TOO MANY LOVED ONES AND MORE ARE SICK RIGHT NOW. THE RESEARCH CONFIRMS WITH MANY IN THAT NEIGHBORHOOD HAVE KNOWN FOR YEARS, UNION PACIFIC IS POISONING THAT COMMUNITY. BUT THERE'S ONLY ONE STAT WISH TO MAYOR, UH, BROUGHT UP EARLIER THAT EVERYBODY OUGHT TO REMEMBER. THE CHILDHOOD LEUKEMIA RATE IN THAT COMMUNITY STANDS AT FIVE TIMES THE STATE AVERAGE MORE THAN ANYTHING ELSE, MAYOR, THAT MAKES THE POINT THAT SOMETHING IS WRONG. THAT SHOULD KEEP EVERYBODY UP AT NIGHT, ESPECIALLY THE FOLKS AT UNION PACIFIC. SENATOR MILES AND THE OTHER COUNCIL MEMBERS AND I ARE HERE TO SUPPORT THE WORK OF ARTURO, OF OUR GRAY COUNTY ATTORNEY, JIM BLACKBURN, YOU ORGANIZING THE COMMUNITY PEOPLE. MAYOR, THANK YOU FOR HAVING IT HERE. BUT LOOK, WE SHOULDN'T HAVE TO SPEND ALL OF THOSE CITY AND COUNTY RESOURCES IN A COURTROOM. OUR MESSAGE TO UNION PACIFIC IS YOU OUGHT TO NEGOTIATE A SETTLEMENT. AND WE WANT TO LET YOU KNOW WE'RE GONNA BRING AS MUCH FIREPOWER AS WE CAN SO THAT YOU STAY UP AT NIGHT UNTIL YOU DO SETTLE IT. THANK YOU. THANK YOU, COMMISSIONER. AND WE SHOULDN'T HAVE TO EXPEND, BUT WE ARE PREPARED TO EXPEND WHATEVER IT TAKES TO TAKE THIS FIGHT ON BEHALF OF THE PEOPLE WHO LIVE, UH, IN, UH, IN THAT KASHMIR FIFTH WARD AREA. LET ME ALSO CONTINUE TO ACKNOWLEDGE THERE SOME OF THE ELECTED OFFICIALS WHO ARE HERE THAT I MAY NOT HAVE CALLED EARLIER. UH, COUNCIL MEMBER LETTISHA PLUMMER AT LARGE AS PRESENT, UH, COUNCIL MEMBER WHO REPRESENTS WHETHER TO THAT REPRESENTS THIS PARTICULAR AREA. UH, COUNCIL MEMBER TASHA JACKSON, DISTRICT B ALREADY, UH, UM, ACKNOWLEDGED COUNCILMAN MCCOLL OF DISTRICT H, WHICH KIND OF BORDERLINES. AND THEN COUNCIL MEMBER DAVID ROBINSON, WHO'S REPRESENTS AT LARGE. UH, DIRECTOR WILLIAMS IS ALSO PRESIDENT AND DIRECTOR. YOU NEED TO COME A LITTLE BIT CLOSER. UM, NOW LET ME BRING ON SOMEONE WHO'S BEEN ENGAGED IN AND ADVOCATING FOR THE PEOPLE IN THIS AREA FOR QUITE SOME TIME. GOING BACK TO EVEN 2017, IF NOT, IF NOT BEFORE. AND THAT IS THE STATE SENATOR FOR THIS AREA. STATE SENATOR BORIS MILES. THANK YOU, MAYOR. I'M STATE SENATOR BORIS MILES OF SENATOR 13. SENATOR 13 IS UNION PACIFIC SITE IS LOCATED. I BEGAN FIGHTING AGAINST UNION PACIFIC CRE OF SOUL SITE IN 2017 AFTER BEING ELECTED TO THE STATE SENATE, WHICH WAS BROUGHT TO ME BY MY, ONE OF MY EMPLOYEES WHOSE FAMILY HAS BEEN DIRECTLY AFFECTED. KATHY, FOR DANIELS, WHO WAS SPOKE OF EARLIER, UM, I'M ENCOURAGED TO SEE THE CITY, THANK YOU MAYOR AND THE COUNTY. MR. MENIFEE AND JUDGE, UH, COMMISSIONER ELLIS, UM, COMING TOGETHER TO ADDRESS THIS DECADE OLD PROBLEM. THE CITY'S FINDING OF DIOXIN IS PERSISTENT CANCER CAUSING CHEMICAL IN FIFTH WARD AND IN CASHMERE GARDENS ON TOP OF THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES. FINDING AND CONFIRMING CANCER CLUSTER SURROUNDING THE UPS CREOLE SITE IS SIMPLY ALARMING. THIS DISCOVERY FURTHER PROVES THAT THE CURRENT [00:20:01] UNION PACIFIC PLAN DOES NOT GO FAR ENOUGH TO CLEAN UP THE CANCER CAUSING CHEMICAL TO HAVE, UH, UH, PERMITTED THE GROUNDS AND THE WATER NEGATIVELY IMPACTING THESE POOR COMMUNITIES OF, FOR COLOR FOR DECADES. TCEQ NEEDS TO REJECT THE UNION PACIFIC PLAN AND MAKE THE COMPANY GO BACK TO THE DRAWING BOARD AND CREATE A PLAN THAT ACTUALLY REMOVES THE DANGEROUS CHEMICALS FROM THE SITE AND SURROUNDING NEIGHBORHOODS. THE FIFTH WARD IN CASHMERE GARDEN COMMUNITIES HAVE BEEN WAITING FAR TOO LONG AND HAVE LOST TOO MANY FAMILY AND FRIENDS FOR US NOT TO ACT. THIS IS A PURE, PURE DEFINITION OF ENVIRONMENTAL RACISM, AND I'M HAPPY TO BE PART OF THIS TEAM TO ADDRESS THIS ONGOING PROBLEM FOR DECADES. THANK YOU, MAYOR. LET ME THANK ALL OF THE SPEAKERS. AND OF COURSE, THERE ARE OTHER PEOPLE HERE WHO CAN SERVE A RESOURCE. IF YOU HAVE ANY QUESTIONS, UH, TO ANY HEAR SANDRA EDWARD. SHE SHOULDA BEEN THE FIRST ONE TO SPEAK, SIR. SHE SHOULDA BEEN THE FIRST ONE, SIR. THIS, THIS, THIS IS IN RE SHE SHOULDA BEEN THE FIRST ONE AND SHOULDA BEEN THE FIRST. WE NEED TO HEAR FROM THE SOURCE, NOT THIS IS IN REFERENCE. RESPECT THIS LADY. THIS, THIS IS WITH ALL DUE RESPECT. THIS IS IN REFERENCE. THIS DOESN'T DO WITH RESPECT. IN LIE. THIS LADY SHOULD BE NUMBER ONE. MR. STEVENS, I'M MISS IF YOU WISH TO COMMENT AND CHEEK, PLEASE COME. IF YOU WISH TO COME, YOU CAN COME. PLEASE. JANETTA. YOU WISH, YOU WANT MS. STATEMENTS, YOU WANT TO COME? I AM SORRY ABOUT THIS. I DIDN'T, I TRIED TO STAY STRONG TO COME UP HERE. I DIDN'T WANNA, I DIDN'T EVEN WANNA SPEAK. BUT THIS FIGHT HAS AFFECTED ME, MY FAMILY, THE COMMUNITY, EVERYBODY I HAVE LO I LOVE MOST OF 'EM HAVE DIED. I WATCHED A KID LAST YEAR ALL THE WAY UNTIL HIS DEATH. WE HAD A CELEBRATION FOR HIM. THAT TOOK A BIG BITE OUTTA MY LIFE TO SEE THIS BABY DIE FROM SOMETHING. AND NOBODY HAS DONE NOTHING UNTIL NOW. SO FORGIVE THESE TEARS ARE ACCOUNT OF FOR JOY AND HURT. I'M GLAD THAT Y'ALL FINALLY STEPPED UP AND SOMEBODY IS FINALLY SEEING WHAT I'VE BEEN FIGHTING FOR FOR SO LONG THAT I FEEL SHOULD HAVE BEEN DONE SOONER. BUT IT'S NEVER TOO LATE. AND I'M APPRECIATING THIS, ALL OF THIS BECAUSE I HAVE SEEN A LOT DURING THIS FIGHT SINCE I'VE BEEN A PART OF IMPACT. AND TO SEE SOMEBODY AND SEE ALL Y'ALL COME TOGETHER, THIS IS AWESOME. I, THIS IS A BLESSING THAT I HAVE BEEN PRAYING FOR FOR YEARS. AND FI KNOW GOD ANSWERED ALL PRAYERS. I DO BELIEVE THIS FULLY AND SOLELY. I KNOW HE DO. AND THIS HERE HAS PROVED THAT HE IS LISTENING AND HE'S ANSWERING OUR PRAYERS BECAUSE THERE'S SO MANY OF US OUT THERE ARE STILL SICK. NOW, I, I DON'T KNOW IF I HAD PERMISSION TO SAY THIS, BUT NOW MRS. MOM IS SUFFERING FROM CANCER. THAT'S TWO PEOPLE. SHE LOST HER SON, BURIED HIM LAST YEAR. AND NOW THIS YEAR SHE'S FIGHTING FOR HER LIFE. AND THIS IS JUST A ONGOING PATTERN THAT KEEPS HAPPENING. AND I'M NOT HAPPY AT ALL. AND I'M STILL IN FIFTH WARD. AND THEN THEY HAVE NURSE TO BE FIGHTING ME FOR TAXES AND MY PROPERTY. NOT WORTH 5 CENTS, BUT YOU WANT ME TO PAY TAXES. THAT'S WHY I'M STILL IN THE HOUSE WITH MOLD, BECAUSE THEY WILL NOT COME REDO MY HOUSE BECAUSE I'M BEHIND ON TAXES. YOU WORRIED ABOUT THE WRONG DAMN THING FOR ME? YOU NEED TO BE WORRIED ABOUT LIFE. WE ARE WORRIED ABOUT SAVING PEOPLE AND PEOPLE CONTINUE TO LIVE HEALTHY AIR, WATER, AND YOUR PROPERTY. YOU SHOULDN'T WALK OUTSIDE AND BEING EXPOSED TO CANCER, ALL OTHER KIND OF ELEMENTS. BUT THAT'S WHAT FIFTH WARD HAS. THAT'S WHAT WE ARE UP AGAINST. SO I NEED AMONG WHAT ARE Y'ALL DOING? BUT I STILL NEED Y'ALL HELP TO STOP THEM FROM CHASING US DOWN FOR TAXES ON OUR PROPERTY. THAT'S NOT WORTH 5 CENTS. CAN WE PLEASE LOOK INTO THAT TOO? THAT'S ALL I WANNA SAY. THANK Y'ALL SO MUCH FOR WHAT Y'ALL DOING, AND I LOVE ALL Y'ALL. THANK YOU. 'CAUSE WE COULDN'T HAVE DID IT BY OURSELF IF Y'ALL HADN'T HAVE DID IT. [00:25:01] THANK YOU. THANK YOU. I'LL BE BRIEF. FIRST OF ALL, I WANT TO LET YOU KNOW THAT I'M SO GRATEFUL FOR THE CITY OF HOUSTON, FOR THE COUNTY, AND FOR MY ELECTED OFFICIALS, MY REPRESENTATIVES THAT HAVE STEPPED UP TO THE MANTLE AFTER ALL THESE YEARS. BECAUSE IT'S NOT ABOUT ME. IT IS NOT ABOUT SANDRA. IT'S ABOUT AN ENTIRE COMMUNITY. IT'S ABOUT THE THOUSANDS OF PEOPLE WHO WERE BORN IN FIFTH WARD LIKE MYSELF, BORN WITH BRONCHITIS. IT'S, IT'S ABOUT PEOPLE WHO I'VE LOST. AND I LOST A GOOD FRIEND WHEN I WAS A LITTLE GIRL. HE DIED OF LEUKEMIA. I HAD NO IDEA ABOUT THE CONNECTION. EVEN THEN. WE ARE BLINDSIDED. WE LIVE IN A COMMUNITY WE LOVE, BUT WE'RE BEING POISONED EVERY DAY. AND WE BEGGED, WE PLEADED AND WE FOUGHT. AND I WANNA HAND IT TO SANDRA EDWARDS HAD BEEN THAT WARRIOR. SHE'S BEEN THAT TIP OF THE SPEAR. BUT I WANNA THANK, THANK THE PEOPLE STANDING HERE. I DO. I REALLY, TRULY WANNA THANK YOU AND I WANNA THANK THE, THE SCIENTISTS THAT HAVE PROVIDED THAT PROOF. I WANT TO THANK JIM. OH, THESE ARE EXPERTS THAT HAVE COME TO OUR, THROUGH OUR AID. THEY HAVE SUPPORTED US AND THEY HAVE PROVIDED US WHAT I CALL THE, THE AMMUNITION THAT WE NEED TO GO AGAINST A POWERFUL AND LONG, UH, COMPANY. THE RAILROAD IS PROBABLY THE OLDEST BUSINESS WE HAVE IN THE UNITED STATES. SO IT IS POWERFUL. AND THEY HAVE CONTINUED TO DENY, DENY AND DENY, AND WE WILL CONTINUE TO FIGHT AND TO FIGHT AND TO FIGHT. AND JUST LIKE THE MAYOR SAID, WE HOPE THE FEDS GET ON BOARD BECAUSE ADMINISTRATOR RE WAS IN TRAVELING THROUGH FIFTH WARD A FEW MONTHS AGO, AND HE RECOGNIZED THAT WE WERE NOT OVER HERE PLAYING. HE RECOGNIZED THAT THAT WAS TRULY A PROBLEM. SO I, I SECOND THAT. PLEASE LET THE FEDS GET ON BOARD THIS, THIS TRAIN BECAUSE IT'S A POWERFUL LOCOMOTIVE. AND ONCE AGAIN, I WANT TO THANK THESE VERY PEOPLE THAT'S STANDING HERE IN SUPPORT OF THE HISTORIC FIFTH WARD AND CASHIER GARDENS. THANK YOU. THANK YOU. THANK YOU. GOOD JOB. GOOD JOB. THANK YOU. LET ME THANK THEM BOTH AND CERTAINLY WAS NO INTENT TO OVERSIGHT THEM. OKAY. OVERLOOK THEM. OKAY. ANY QUESTIONS FROM ANYONE TO, TO ANY, TO ANYONE? MAYOR, EVERYONE, THANK YOU. MY QUESTION IS, UH, KIND OF ADDITION BY WAY OF SUBTRACTION MISSING HERE, AND IT WAS MENTIONED, UH, ANY REPRESENTATION FROM THE TCEQ? WHY WAS THIS DECISION MADE WITHOUT THE TCE Q'S INPUT AS THERE CONTINUES TO BE, UH, UH, COMMUNITY IMPACT MEETINGS THERE AND WHAT DOES ITS ABSENCE MEAN? WHAT HAS THE TCE EQ DONE OR NOT DONE AS FAR AS, UH, GETTING THIS, THIS SHOW ON THE ROAD, SO TO SPEAK? LET'S OBJECT. THIS TCE Q HAS ALREADY ISSUED WHAT I DEEMED TO BE A VERY WEAK DEMAND FOR CLEANUP. A VERY WEAK PLAN. IF YOU HEARD WHAT I SPOKE OF EARLIER, UM, I THINK WITH THIS LAWSUIT BEING FILED, THEY SHOULD GO BACK AND COME UP WITH A STRONGER AND MORE DIRECT CLEANUP PLAN FOR THIS SPECIFIC, FOR THIS SPECIFIC AREA. UH, I THINK IN CONJUNCTION WITH THE COUNTY AND THE CITY NOW BEING ON BOARD AND THE COMMUNITY, I WILL BE GOING BACK AND DEMANDING ONCE AGAIN, WE HAVE THE SUPPLEMENTAL EVIDENCE TO SHOW THAT THERE NEEDS TO BE A STRONGER PLAN, A CLEANUP ON THIS SPECIFIC SITE BY TCEQ. THE FEDERAL COURT ALSO HAS MORE AUTHORITY THAN TCEQ DOES. NOW, THIS IS A WHOLE DIFFERENT PROCESS. IT'S BASICALLY A BLANK SLATE IN FRONT OF THE FEDERAL COURT WHERE WE GO IN AND BASICALLY LAY IT OUT AND, AND, YOU KNOW, IF WE'RE SUCCESSFUL AND CONVINCE THE JUDGE AND IT'LL BE IN FRONT OF A JUDGE, UH, THE JUDGE CAN ORDER MOST ANYTHING THE JUDGE FEELS IS APPROPRIATE. IT'S AN INCREDIBLY BROAD AND POWERFUL STATUTE. SO IT'S A MUCH BROADER KIND OF GRANT OF AUTHORITY THAT WE WOULD BE WORKING UNDER. IT'S VERY UNUSUAL AND YOU HAVE TO HAVE A CIRCUMSTANCE LIKE YOU, YOU HEARD, UH, US DISCUSSING HERE IN THE FIFTH WARD. SO THE CIRCUMSTANCE MERITS THE, THIS TYPE OF ACTION, WHICH SHOULD NOT BE TAKEN LIGHTLY AND IS NOT BEING TAKEN LIGHTLY, BUT IT'S A MUCH BROADER JURISDICTION TO THE FEDERAL COURTS THAN TCE Q IS MORE LIMITED IN THEIR SCOPE. AND I THINK THIS IS MORE APPROPRIATE BEYOND THE SCOPE OF TCEQ. I THINK YOU, YOU HEARD JIM SAY EARLIER, IT'S PRETTY MUCH FIRST OF ITS KIND FOR ALL THREE OF GROUPS, THE CITY, THE COUNTY, THE COMMUNITY [00:30:01] IN, UH, LED BY, UH, JIM BLACKBURN, FOR US, ALL THREE TO BE COMING TOGETHER. I THINK THAT'S AN INDICATION OF THE SERIOUSNESS, UH, OF THE SITUATION AND THE FACT THAT SO MANY PEOPLE HAVE ALREADY LOST THEIR LIVES. SO MANY PEOPLE ARE NOW HAVING HEALTH CONDITIONS HAVE PROBLEMS, UH, THAT IT JUST MERITS ALL OF US COMING TOGETHER. NOTHING STOPS THE T-C-Q-T-C-E-Q FROM STEPPING UP. NOTHING STOPS THE, UH, THE FEDS FROM STEPPING UP. AND WHEN YOU START TALKING ABOUT PEOPLE'S WHOSE CIVIL RIGHTS ARE BEING VIOLATED, THIS IS CERTAINLY ONE OF THOSE SITUATIONS. SO HOPEFULLY THE FEDS AND OTHERS WILL JOIN, UH, TO, TO REALLY DEMAND AND INSIST THAT UP, DO THE RIGHT THING. AND THERE'S NO BETTER TIME TO DO THE RIGHT THING THAN RIGHT NOW. IT WAS MENTIONED THAT THE, UH, SAMPLE OF DIOXIN WAS TAKEN FROM LIBERTY AND LAVENDER STEPS AWAY FROM, UH, SANDRA EDWARDS' HOUSE. IN FACT, WHERE WERE THE OTHER SAMPLES TAKEN? AND I KNOW THAT TESTING IS PENDING. WHEN WILL WE GET THOSE RESULTS? I THINK THIS PERSON IS PROBABLY THE BEST PERSON TO ANSWER THAT QUESTION. THANK YOU. OKAY. UM, WE EXPECT TO HAVE THE RESULTS NEXT WEEK. UM, AND THE SAMPLES THAT WE TOOK, UM, ARE IN THE COMMUNITY OUTSIDE OF THE FENCE LINE, UM, IN THE CITY OF HOUSTON, RIGHT OF WAYS. AND IN SOME OF THE YARDS OF, OF THE, UM, COMMUNITY MEMBERS. AS A MATTER OF FACT, WE WORK WITH SANDRA EDWARDS AND WE WENT, UM, SAMPLING AND WE WENT TO HER NEIGHBORS WITH HER, UM, TO GET PERMISSION TO SAMPLE IN VARIOUS PEOPLE'S YARDS. SO, UM, AND THERE ARE SURFACE SOIL SAMPLES THAT HOPE TO TELL US MORE ABOUT WHAT THE EXTENT OF THE DACHSHUND IS, IF, IF IT'S PRESENT. YES, MA'AM. HI, I AM EMILY WITH THE HOUSTON CHRONICLE. I HAVE A COUPLE QUESTIONS. THE FIRST ONE, YOU SAY, MAYOR, THAT YOU WANT EPA TO GET INVOLVED. DO YOU WANT THEM TO ALSO FILE A NOTICE OF INTENT OR WHAT WOULD THAT LOOK LIKE TO YOU? WELL, LET ME, LET ME DEFER TO CHRIS. YEAH. SO IF THE EPA WANTS TO PURSUE AN ENFORCEMENT ACTION, THEY DON'T HAVE TO FILE A NOTICE OF INTENT. IN FACT, THIS IS THE SYSTEM WORKING AS IT'S DESIGNED. AND THIS KIND OF GOES TO YOUR QUESTION TOO, BRANDON. WE SEND THE NOTICE OF INTENT NOT JUST TO UNION PACIFIC, BUT ALSO TO THE EPA AND TO THE STATE GOVERNMENT. AND SO THE EPA HAS THE OPPORTUNITY TO INVOLVE ITSELF IN THIS LITIGATION, UM, TO, TO LEAD ON THE ENFORCEMENT ACTION OR TO STAY INVOLVED TO THE LEVEL THAT THAT THEY'VE BEEN INVOLVED. NOW IN THE TCEQ HAS THE OPPORTUNITY TO PURSUE AN ENFORCEMENT ACTION AS WELL, WHICH WOULD BE LED BY THE ATTORNEY GENERAL'S OFFICE. I WAS ALSO WONDERING IF, UM, AN AGREEMENT ISN'T REACHED, AND THIS DOES GO THROUGH THE COURT PROCESS, WHAT'S THE TIMELINE RESIDENT SHOULD BE PREPARING THEMSELVES FOR TO GET SOME RELIEF? I DIDN'T QUITE UNDERSTAND THAT. JIM, DO YOU WANNA TAKE? SURE. UH, TIMELINES IN FEDERAL COURT ARE ALWAYS, UM, HARD TO PREDICT, BUT I, I THINK, UH, WITH AN IMMINENT SUBSTANTIAL ENDANGERMENT, WE COULD EASILY BE LOOKING AT PERHAPS SOME TYPES OF INJUNCTIVE ACTION, UH, THAT IS POSSIBLE. UH, THAT WOULD BE A FASTER RESOLUTION. BUT IF, IF IT WAS REALLY A DRAWN OUT LONG LITIGATION, IT COULD TAKE, IF EVERYBODY UP HERE KNOWS IT COULD TAKE, UH, A YEAR OR TWO. UM, BUT I THINK ON THE OTHER HAND, THERE IS AN URGENCY THAT IS CONVEYED BY ALL OF US COMING TOGETHER. AND, UH, I'M VERY OPTIMISTIC AND, UM, AND PARTICULARLY IF, IF AN EPA WERE TO GET INVOLVED, THAT, THAT WE COULD BE LOOKING AT VARIOUS TYPES OF ORDERS, UH, RATHER THAN FEDERAL LITIGATION AS REALLY OUR FIRST, THAT WOULD WHAT WE WOULD REALLY HOPE FOR. UH, BUT FEDERAL COURT COULD TAKE A YEAR OR TWO FOR SURE. ANYTHING YOU'D LIKE TO ADD TO THAT? OTHER THAN I WOULD JUST, UH, ECHO JIM'S POINT THAT THE STANDARD HERE IS AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE HEALTH OR THE ENVIRONMENT. AND SO IF WE CAN BRING THE EVIDENCE TO BEAR, THE COURT WILL TAKE THAT INTO ACCOUNT AND WE WOULD SEEK TEMPORARY RELIEF IF NEEDED. MY LAST QUESTION, IS THERE ANY OTHER, UH, RESOURCE OR WAY THE CITY OR COUNTY IS LOOKING TO DO A BUYOUT IN THAT AREA? OR WOULD THIS BE THE, THE SOLUTION FOR THAT FUNDING? LOOK, WE'VE IDENTIFIED, UM, SORT OF THREE AREAS. THERE ARE THOSE INDIVIDUALS, THOSE HOMES THAT ARE DIRECTLY, I GUESS YOU CAN SAY OVER THE PLUME, THAT'S PRIORITY ONE THAT WOULD NEED TO BE RELOCATED. THEN THERE'S A SECOND GROUP THAT'S IMMEDIATELY, I GUESS YOU CAN SAY BEYOND, BUT THEN BEAR IN MIND THIS PLUME IS MIGRATING. OKAY. SO WHAT MAY HAVE EXISTED, UM, 10 YEARS AGO OR FIVE YEARS AGO MAY HAVE MIGRATED, BUT THERE'S ONE GROUP THAT'S WOULD BE CONSIDERED ABOVE IT. IMMEDIATELY ABOVE IT NEED TO BE RELOCATED, NO QUESTION ABOUT THAT. THERE'S A SECOND GROUP THAT'S IN THE ADJACENT VICINITY AREA. THEY TOO NEED TO BE RELOCATED. AND THEN THERE'S A THIRD GROUP THAT'S A LITTLE BIT FURTHER OUT, UH, [00:35:01] WHICH WOULD BE LIKE THE THIRD PRIORITY. UH, IN MY CONVERSATIONS, FOR EXAMPLE, WITH, UH, ADMINISTRATOR REAGAN, UH, WE HAVE TALKED ABOUT, UM, UTILIZING VARIOUS RESOURCES ON TRYING TO, UH, UM, PROVIDE SOME, SOME RELIEF, UH, TO THESE FAMILIES AND PEOPLE WHO ARE LIVING, LET'S SAY, DIRECTLY ABOVE AND LET'S SAY IN CATEGORIES ONE AND TWO. UM, SO WE ARE LOOKING AT, UH, DIFFERENT, UH, UM, AREAS OF FUNDING. UM, BUT I DON'T WANNA GET TOO FAR AHEAD. THE REALITY IS WE ARE ALL IN AGREEMENT THOUGH, IS THAT WE SHOULD NOT BE ASSUMING THE RESPONSIBILITY THAT UP SHOULD BE ASSUMING SO UP SHOULD NOT BE JUST SITTING ON THE FENCE, UH, WHEN, UH, IT'S, THEY'RE SO THAT HAS CREATED THESE PROBLEMS. SO THEY NEED TO BE AN ACTIVE PARTICIPANT IN WHATEVER THE FINAL RESOLUTION IS. THE, UH, BUT WHAT IS IMPORTANT IS THAT PEOPLE WHO ARE LIVING IN THAT AREA, WHOSE HEALTH HAS BEEN AFFECTED EACH AND EVERY DAY, THEY NEED, THEY NEED IMMEDIATE RELIEF. THANK YOU. MM-HMM . DO YOU FEEL, MAYOR, THAT THE CITY HAS TAKEN ON SOME OF UP P'S RESPONSIBILITY AND THIS LAWSUIT OR THIS INTENT TO FILE IS INDICATIVE OF THAT? WELL, THIS IS, THIS IS, THIS IS A PART OF IT. UM, THE REALITY IS, IS THAT IT IS, YOU CAN'T JUST, YOU JUST CAN'T SIT AND DO NOTHING WHILE PEOPLE ARE DYING AND THEIR HEALTH HAS, THEIR HEALTH HAS BEEN IMPACT IMPACTED. UM, SO WE ARE LOOKING AT, WE'RE LOOKING AT ALL, ALL WAYS THAT WE CAN ASSIST, UH, THE PEOPLE IN THE KME GARDEN GREATER, UH, FIFTH WARD AREA, UM, AS WE MOVE FORWARD ON THIS, ON THIS COLLECTIVE ACTION. SO, UM, YOU KNOW, PEOPLE NEED RELIEF AND THEY NEED RELIEF LIKE YESTERDAY, REALLY YEARS AGO. OKAY. SO, UM, BUT YOU KNOW, WE'LL MOVE FORWARD. COMMISSIONER, COME ON. YEAH, MAYOR, I WAS JUST GONNA SAY, THE FIRST PREFERENCE WOULD BE TO LET THE MONEY COME FROM WHERE THE MONEY WENT. UNION PACIFIC MADE A LOT OF MONEY IN THIS NEIGHBORHOOD. OBVIOUSLY THE COUNTY IS ALREADY BEARING SOME OF THE EXPENSES. IF SOMEBODY DOES NOT HAVE HEALTHCARE, THAT MEANS THEY GO TO HARRIS HEALTH. THE COUNTY DOES THAT. THE CITY'S ALREADY BEARING SOME OF THE COSTS. UH, IF AT SOME POINT IN TERMS OF OUR FINANCIAL RESOURCES, IF AT SOME POINT IT LOOKED VERY OPTIMISTIC FOR THE LITIGATION, WE'D LOOK, WOULDN'T RULE OUT THE PROSPECT IF WE THOUGHT WE WERE GONNA GET IT BACK FROM TON PACIFIC AT SOME POINT. BUT LOOK, PART OF WHY WHEN THE COUNTY ATTORNEY CALLED ME, I WANTED TO JUGGLE THINGS TO BE HERE, WAS WE WANT UNION PACIFIC TO STAY UP AT NIGHT. I MEAN, THEY ARE DEALING WITH THREE ENTITIES, TWO IN PARTICULAR THAT HAVE THE TAXPAYER'S MONEY AND THEY'RE GONNA SPEND A LOT OF MONEY ON LEGAL FEES. SOME OF THAT MONEY COULD BE SPENT HELPING TO DEAL WITH THE PROBLEM. AND, AND ONE MINOR THING I'LL ADD IS, YOU KNOW, YOU HAVE A BUNCH OF EXAMPLES OF THE CITY AND THE COUNTY SPENDING MONEY TO GET US WHERE WE ARE HERE TODAY. YOU KNOW, UNION PACIFIC SINCE 2014 HAS BEEN IN THE PROCESS WITH THE TCQ OF SUBMITTING AN AMENDED REMEDIATION PLAN AS PART OF THEIR AMENDED PERMIT, RIGHT? AND SO THEY WENT AND CONDUCTED THEIR INVESTIGATION AND THEY SAY, HERE ARE THE PROBLEMS, AND HERE'S HOW WE THINK THAT YOU SOLVE THEM. WELL, IT'S BEEN OUR FOLKS IN THE CITY OF HOUSTON'S HEALTH DEPARTMENT. IT'S BEEN FOLKS WITH POLLUTION CONTROL IN HARRIS COUNTY WHO WENT THROUGH AND RAN THAT DATA DOWN, RAN THAT TESTING DOWN, AND SAID, NO, THAT'S INSUFFICIENT. AND IT WAS THE CITY OF HOUSTON AND THE COUNTY WHO WORKED TOGETHER TO GET THE EPA TO GO AND RUN THAT DATA DOWN AND SAY, THAT'S INSUFFICIENT. THAT TAKES TIME. THAT TAKES TIME FROM THE, THE FOLKS IN THE HEALTH DEPARTMENTS. THAT TAKES TIME FROM THE LAWYERS. I KNOW THAT MY LEGAL TEAM HAS SPENT COUNTLESS HOURS WORKING ON THIS ISSUE. AND IF WE JUST LEFT IT UP TO UNION PACIFIC AND THE TCEQ, YOU WOULD PROBABLY SEE AN AMENDED PLAN WITH AN INADEQUATE CLEANUP PLAN. AND FOLKS IN THESE COMMUNITIES STILL DEALING WITH THIS ISSUE. AND WE WANNA MAKE SURE WE GET THE MEDIA QUESTIONS FIRST. LET ME ACKNOWLEDGE THIS, UH, COUNCILMAN MCSALLY ALCO. LET ME JUST ADD ONE OTHER THING TOO BEFORE WE GO. CERTAINLY THE, THE LAWYERS, THE CITY, THE COUNTY COMMUNITY GROUPS ARE GONNA DO THEIR PART. UM, BUT LET ME ALSO SAY THIS IS ALSO ONE OF THOSE AREAS, UM, WHERE THE MEDIA COULD BE A POWERFUL DRIVING ENTITY AS WELL. UM, BECAUSE UNION, UNION SPECIFIC, AND EXCUSE MY FANATICS, SOME PEOPLE SAY I'M SAYING SPECIFIC, IT'S JUST THE WAY I TALK, YOU KNOW, UM, BUT THEY NEED TO KNOW THAT WE ARE NOT GOING AWAY, OKAY? AND THEY JUST CAN'T SIT BACK AND THEN HOPE THAT A MONTH OR TWO MONTHS OR THREE MONTHS OR SIX MONTHS, UM, THINGS WOULD JUST DIE DOWN. SO THAT'S CRITICALLY IMPORTANT AND THAT'S WHY ALL THREE GROUPS COMING TOGETHER, IT'S JUST, UM, IT'S MONUMENTAL. YES, SIR. AND THEN, WE'LL, I LIKE, UH, [00:40:01] QUESTION, UH, AND I KNOW A LOT OF THIS STUFF HAPPENED BEFORE YOUR WATCH. THIS IS WAY BEFORE YOU GUYS GOT INTO OFFICE, BEFORE YOU TOOK OFFICE. BUT A LOT OF THIS STARTED NOTICING IN 1980 AND AFTER 62,000 PAGES OF INFORMATION THAT UNION PACIFIC OFFERED, IT'S STILL TAKING A QUITE AMOUNT OF TIME TO HELP THOSE THAT NEED HELP. WE NEED HELP NOW. ONE YEAR, TWO YEARS, WE ON A TIME CLOCK, WE'RE ON A TICKING BOMB WHERE WE ARE, WHAT'S GONNA HAPPEN WITHIN THE NEXT, AFTER THE 90 DAYS. SO YOU SAY YOU HAVE 90 DAYS. WE NEED ANSWERS BECAUSE WE HAVE PEOPLE IN OUR COMMUNITIES THAT ARE SICK AND HAVE DIED. IT'S NOT JUST THE PRESENT, IT'S THE PAST. AND WE SHOOTING TO THE FUTURE RIGHT NOW. WELL, WE HAVE, WE HAVE TO PROVIDE THE 90 DAY NOTICE TO UP AFTER THE 90 DAYS IS WHEN THE LAWSUIT CAN BE FILED. SO THAT'S THE, THOSE ARE THE STEPS WE HAVE TO GO THROUGH. I KNOW PEOPLE ARE DESERVING OF RELIEF YESTERDAY, IF NOT BEFORE. CORRECT. OKAY. BUT THESE ARE THE STEPS THAT WE HAVE TO GO THROUGH. THE 90 DAYS IS A REQUIREMENT. AFTER THE 90 DAYS HAVE EXPIRED, WE CAN THEN FILE THE LAWSUIT. THANK YOU. OKAY. ALRIGHT. ANY OTHER QUESTIONS? LET ME THANK, LET ME THANK ALL OF YOU, UH, DIRECTOR OF STEVEN WILLIAMS OF THE PUBLIC HEALTH DEPARTMENT, AND, UH, DR. HOSKIN. LET ME THANK YOU. AND, AND YOUR, THE WORK OF YOU AND YOUR TEAM. UH, JIM BLACKBURN. THANK YOU. JIM HAS BEEN OUT THERE, LIKE YOU SAID, FOR 50 YEARS FIGHTING FOR ENVIRONMENTAL JUSTICE. UH, THE COUNTY HAS JUST BEEN AN INVALUABLE PARTNER. APPRECIATE, UH, THAT, UH, SENATOR BORIS MILES. THANK YOU. I KNOW YOU'VE BEEN ON THE FRONT LINE. REALLY APPRECIATE THAT. UM, I WANNA THANK THE CITY'S TEAM, ARTUR AND ALL THE TEAM. AND MOST IMPORTANTLY, LEMME JUST SAY, LET ME THANK THE COMMUNITY GROUPS. LET ME THANK THE, THE PERSONS WHO HAVE BEEN OUT THERE LIVING, LIVING IN THAT COMMUNITY, AND SUFFERING FROM THIS C ZONE. SO LET THANK THE COMMUNITY FOLK, KATHY BLUE FOR DANIELS AND OTHERS. LEMME THANK ALL OF YOU HAVING SAID ALL OF THAT. UH, THANK YOU ALL FOR BEING HERE AND, UH, WE'LL BE, WE, WE'LL BE IN TOUCH. OKAY? GOOD JOB. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.