1995 by Trisha Guico
Gilberto Garcia Jasso Papers, Collection 122, Box 24. Hector Gallegos, City of Robstown Official Complaint to the Honorable Carl Lewis, Nueces County (OxyChem's release of Benzene), February 21, 1995. Special Collections and Archives, Mary and Jeff Bell Library, Texas A&M University-Corpus Christi. Accessed April 11, 2022.
This complaint was sent to Nueces County Attorney Carl Lewis by Robstown Mayor Hector Gallegos, in regards to another Oxy-Chem incident wherein 988 lbs. of benzene were released into the environment around Feb. 6, 1995. He filed a formal complaint under Health and Safety code, stating that Oxy-Chem has violated multiple state and federal laws, displayed reckless conduct of making false statements, and concealing information from federal, state, county, and school districts.
Gallegos also stated that Robstown’s residents fear another incident without notice to evacuate, and that Robstown requests that Lewis, as County Attorney, investigate whether to pursue civil or criminal action on behalf of Robstown against Oxy-Chem.
Access information: this can be found in TAMU-CC’s Special Collections. TAMU-CC faculty, staff, and students can request access to these documents, along with the rest of the Gilberto Garcia Jasso papers by contacting the special collections’ staff.
Gilberto Garcia Jasso Papers, Collection 122, Box 24. Hector Gallegos, Letter to Commander Gilbert Q. Casares, May 25, 1995. Special Collections and Archives, Mary and Jeff Bell Library, Texas A&M University-Corpus Christi.
This letter details Hector Gallegos thanking Commander Q. Casares for answering Robstown’s call for aid following a major chemical incident with a nearby Oxy-Chem plant in 1992, which turned into a mushroom cloud and landed the primarily Hispanic American city of Robstown.
He states that Robstown once again requests his aid. The Oxy-Chem incident, in combination with a local clothing manufacturing plant suddenly shutting down seeking cheaper labor in Mexico and the Dominican Republic, has thrown Robstown into a medical and economic crisis; thus, making Robstown one of the poorest cities in Texas and the United States.
Access information: this can be found in TAMU-CC’s Special Collections. TAMU-CC faculty, staff, and students can request access to these documents, along with the rest of the Gilberto Garcia Jasso papers by contacting the special collections’ staff.
Gilberto Garcia Jasso Papers, Collection 122, Box 24. Neil J. Carman, fax message draft for Raphael Metzger, Carl Pope, and Gilberto Garcia Gasso, June 2, 1995. Special Collections and Archives, Mary and Jeff Bell Library, Texas A&M University-Corpus Christi.
This is a fax message draft meant for Raphael Metzger (COSSMHO), Carl Pope (Sierra Club Executive Director), and Gilberto Garcia Jasso (American GI Forum, Dr. Hector P. Garcia Chapter). Carman recommends that a single joint letter be sent to COSSMHO’s letter head requesting a reopened investigation into OxyChem’s 1992 accident.
While there was a letter sent to the US EPA and Justice Dept. in 1993 asking for a criminal inquiry, the EPA fined only $12,000 with no criminal penalties against Oxy-Chem. Carman further stated that Texas and EPA insufficiently investigated Oxy-Chem’s negligence, with the problem being Oxy-Chem’s power, having been nearly able to get away with their negligence with the 1992 release.
Access information: this can be found in TAMU-CC’s Special Collections. TAMU-CC faculty, staff, and students can request access to these documents, along with the rest of the Gilberto Garcia Jasso papers by contacting the special collections’ staff.
Gilberto Garcia Jasso Papers, Collection 122, Box 24. Jane Delgado, Carl Pope, Gilberto Garcia Jasso, Neil J. Carman, letter sent to Admin. Carol Browner, June 8, 1995. Special Collections and Archives, Mary and Jeff Bell Library, Texas A&M University-Corpus Christi.
This letter was sent to Carol Browner on behalf of COSSMHO, the Dr. Hector P. Garcia Chapter, and Sierra Club, pursuing a reopening of EPA’s investigation of the Oct. 23, 1992 accident at Corpus Christi’s Oxy-Chem plant due to newly released evidence. The letter states that this evidence also raises deep concerns for a lack of environmental equity for Hispanic communities, including Robstown.
Similarly, the letter argues that the fines levied against Oxy-Chem are far too minimal. The basis for these concerns is that the Hispanic community was adversely impacted by the accident, and that it’s in the senders’ opinion that the accident could have been prevented.
Access information: this can be found in TAMU-CC’s Special Collections. TAMU-CC faculty, staff, and students can request access to these documents, along with the rest of the Gilberto Garcia Jasso papers by contacting the special collections’ staff.
Gilberto Garcia Jasso Papers, Collection 122, Box 24. Neil J. Carman, letter sent to Hector Gallegos, February 16, 1995. Special Collections and Archives, Mary and Jeff Bell Library, Texas A&M University-Corpus Christi.
This letter details concerns over an Oxy-Chem incident wherein 998 lbs. of benzene were released on Feb. 6, 1995 over Robstown. Carman argues that the benzene release needs to be taken seriously for multiple reasons, including it being a known carcinogen, benzene releases being illegal under state and federal law, and a failure to notify people of its release as soon as possible.
Carman also notes that there’s no safe exposure level for benzene, and that benzene releases over 10 lbs. are automatic violations of state and federal law.
Access information: this can be found in TAMU-CC’s Special Collections. TAMU-CC faculty, staff, and students can request access to these documents, along with the rest of the Gilberto Garcia Jasso papers by contacting the special collections’ staff.
Gilberto Garcia Jasso Papers, Collection 122, Box 24. Office of Emergency Management, City of Robstown, report on benzene release by Oxy-Chem, February 15, 1995. Special Collections and Archives, Mary and Jeff Bell Library, Texas A&M University – Corpus Christi.
This report details an Oxy-Chem benzene release on Feb. 6, 1985. The report states that the Office of Emergency Management in Robstown received a phone call from an Oxy-Chem refinery employee informing them of the benzene release. However, by the time the office was notified, it had been eight hours since the benzene release and thus, too late to do anything about it. The report also states that as of Feb. 7, no new information was received from Oxy-Chem or any other agency.
Access information: this can be found in TAMU-CC’s Special Collections. TAMU-CC faculty, staff, and students can request access to these documents, along with the rest of the Gilberto Garcia Jasso papers by contacting the special collections’ staff.
Gilberto Garcia Jasso Papers, Collection 122, Box 24. Alvin A. Evins, letter to C.F. Spiekerman, February 10, 1995. Special Collections and Archives, Mary and Jeff Bell Library, Texas A&M University – Corpus Christi.
This letter was sent to Spiekerman regarding the potential environmental impact of the Feb. 6, 1995 benzene release at Oxy-Chem that was reported to the Texas Natural Resource Conservation Commission. It states that 988 lbs. of benzene passed through the cooling tower and emitted to the air, however, due to atmospheric dispersion, the benzene concentration originally computed may be greatly reduced. As of the date of this letter’s sending, dispersion model was being performed by TNRCC Austin staff to better identify any resulting downwind concentrations.
Access information: this can be found in TAMU-CC’s Special Collections. TAMU-CC faculty, staff, and students can request access to these documents, along with the rest of the Gilberto Garcia Jasso papers by contacting the special collections’ staff.
Gilberto Garcia Jasso Papers, Collection 122, Box 24. Nueces County, 105th Judicial District, “Deposition of Gilbert Jasso” (Transcript, South Texas Reporting Service, Inc., 1995), no. 93-1987-D. Special Collections and Archives, Mary and Jeff Bell Library, Texas A&M University – Corpus Christi.
This excerpt details Gilbert Jasso’s possible deposition from the Hector P. Garcia chapter. He states that he was not fired, and in fact, assigned to assist the mayor of Robstown with the chemical leak that happened two weeks prior to the trial. He also discusses his role and authority within the GI Forum.
Access information: this can be found in TAMU-CC’s Special Collections. TAMU-CC faculty, staff, and students can request access to these documents, along with the rest of the Gilberto Garcia Jasso papers by contacting the special collections’ staff.
“Jury Finds Gross Negligence in OxyChem Case, But Awards Small Amounts.” Associated Press News, June 12, 1995. Accessed April 12, 2022.
This article details the aftermath in a class-action lawsuit against Oxy-Chem in June 1995. It states that while jurors ruled that Oxy-Chem acted with malice regarding the release of butadiene in 1992, minimal awards were given, if any, to the plaintiffs. Seven out of twelve plaintiffs were given no rewards, and those that were have been given awards from $300-$100.
Access information: this article can be accessed at the AP news website.
Ainsworth, Susan. “OxyChem Seeks to Settle Class-Action Lawsuit.” Chemical and Engineering News: American Chemical Society. 73, no. 27 (1995): 5–6. Accessed April 12, 2022.
This article details Oxy-Chem’s class-action lawsuit for the butadiene release in 1992, which paid out minimal rewards to the plaintiffs. It was stated that before the jury could pursue punitive damages, plaintiffs accepted Oxy-Chem’s settlement offer. It also states that Oxy-Chem alleged the lawsuits were the result of lawyers using fear and anxiety in the Robstown community for financial gain.
Access information: this article can be accessed through the American Chemical Society and requested at institutions such as universities.
MacCormack, John. “Town Seeks a Fortune From a Chemical Leak.” The New York Times, May 5, 1995. Accessed April 12, 2022.
This article summarizes the current state of class-action lawsuit against Oxy-Chem for the butadiene release in 1992 as of May 5, 1995. It states that on Oct. 23, 1992, Oxy-Chem released unburned hydrocarbons into the air, which was blown towards Robstown by a northeast wind, causing the residents to wake up with itchy eyes, nausea, and breathing difficulties. While Oxy-Chem spent $1.8 million on medical help for the town, each plaintiff seeks $100,000 in compensatory damages and up to $10 million in punitive damages. The article states that Oxy-Chem argued lawyers are playing on people’s anxieties and that there were no diagnosed chemical-exposure ailments.
Access information: this article can be accessed at New York Times’ website.