Friday, August 20, 2010

NW Houston toddler found in hot car dead


by Courtney Zubowski / 11 News
Posted on August 19, 2010 at 7:32 PM
HOUSTON – A 2-year-old boy has died after being found locked in a hot car in northwest Houston, according to authorities.

The incident happened Thursday around 2:30 p.m. at 13813 Dentwood.
According to police, parents were arriving home from the grocery store when their 7-year-old child, who is autistic, began having seizures. While the parents went inside their home to tend to the 7-year-old, the 2-year-old boy was left locked inside the vehicle.

After going inside to help the 7-year-old , the parents realized their younger child was missing and eventually found him in the back seat of their SUV. Police said the boy was trapped inside the vehicle for about two hours.

One of the parents called 911 when they saw the toddler was not breathing. The boy was taken to a nearby hospital, where he was pronounced dead.
Investigators said the temperature inside the vehicle was 122 degrees when the toddler was found.
Neighbors of the victim’s family said it was an unfortunate incident that happened to good people.

"This is a good family, their children comes first with them," said Michael Carey. "I know for a fact that it was not intentional."

Investigators said the parents will probably not face charges, but the case will go to a grand jury.



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Thursday, August 12, 2010

Houston Area Forecast: 100% Chance of Meteors


After a week-ling lead-up, tonight, August 12/13, 2010, is finally the peak of the Perseid Meteor Shower. Wit this event, meteor season 2010 will kick off in a big way.

Every August, Earth passes through the stretch of space junk shed by comet Swift-Tuttle, reaching the deepest concentration of debris tonight. According to some estimates, under ideal conditions (dark country skies), one can expect to see 60 meteors per hour. The reason the meteors are called Perseids is because the meteors seem to radiate from the constellation Perseus. The best time to view the shower is in the pre-dawn hours, with 3-5am being best.

Don't want to stay up that late? Don't worry, Perseus rises in the Northeast around midnight and will climb higher as the night progresses. However, unless one lives out in the country, the early post-midnight hours will probably involve Perseus being low in a light pollution dome. To improve odds of seeing meteors, travel out of light-polluted Cleveland and to the suburbs or, even better, the country if you can. In the suburbs, just going from the front to back yard can make a dramatic difference as this will eliminate glare from those pesky street/house lights to a large extent.

Two things can ruin the meteor shower: clouds and the Moon. The clouds? Well, that's a regional thing. Check your local Clear Sky Clock to see what the clouds have in store for your location tonight. For us Northeast Ohioans, tonight is looking good. As for the Moon, that's an Earth-wide issue. The good news is that, this year, the Moon is just a few days past new, which means that there will be no Moon up during the time of the meteor shower. There will be a slight lunar glow in the South (opposite Perseus), but this will disappear about midnight, which is about the time Perseus clears the Northeast horizon.

So how about viewing tips?

First, plan to stay out awhile, as it takes the human eye about 15 minutes to get optimal night vision capability. The bad news is that, even one bright flash of white light will wipe out night vision, requiring you to start the process all over again. Next, grab a lawn chair or, even better, a lounge-type chair. Trying to lean back with a straight-back lawn chair can be a pain in the neck, literally! Eyes ready for dark and with something to sit/lay on, settle in for a night of hopeful meteor watching (or at the very least, stargazing), just try not to fall asleep and don't forget the bug spray!

Besides meteors, tonight can be a great time for binocular viewing, owing to your use of a chair. Under suburban (maybe) or rural skies (definitely), a pair of medium power (10x50) binoculars can yield some stunning wide-angle sights. For someone truly dedicated, why not try and keep a tally of how many meteors you see for every complete hour? Really ambitious? Why not try photographing the meteors?

Whatever you plan to do tonight, good luck and clear skies!

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Tuesday, August 10, 2010

AG seeks civil penalties against BP for leak



By T.J. Aulds
The Daily News

Published August 10, 2010
TEXAS CITY — The Texas attorney general on Monday charged BP’s Texas City refinery with violations of state air-quality laws over a 40-day release that sent more than 500,000 pounds of chemicals — including large amounts of benzene — into the air during April and May.

The legal action is the second by the state against BP since 2009. A Texas Commission on Environmental Quality investigation in July found the release was an “excessive emissions event” and referred the case to the attorney general’s office.

“The state’s investigation shows that BP’s failure to properly maintain its equipment caused the malfunction (that) could have been prevented,” Attorney General Greg Abbott said in a release. “BP’s own self reporting date indicated that seal filters protecting the compressor failed because of an iron sulfide buildup, likely because BP failed to properly maintain these devices.”

The attorney general also alleges that BP ignored the large amount of emissions.

“BP made very little attempt to minimize the emissions of air contaminants caused by its actions, once again prioritizing profits over environmental compliance.”

The lawsuit pinpoints six contaminants that were released by BP including benzene, volatile organic compounds, nitrogen oxides, sulfur dioxide, hydrogen sulfide and carbon monoxide as violations.

The lawsuit seeks up to $25,000 a day per contaminant plus attorneys fees as penalties for the emissions, attorney general spokesman Tom Kelley said. That could cost BP as much as $6 million.

The company has argued its air testing at the fence line and monitors maintained by the state did not show high levels of emissions during the 40-day period that started April 6 and continued through May 16.

BP adamantly denied any dangerous levels of toxins could be found in the community and insists residents were never at risk.

“We will continue to cooperate with the attorney general’s office and the TCEQ to resolve their concerns,” BP spokesman Michael Marr said Monday.

BP would not directly comment on the attorney general’s actions but defended its air quality measures at the refinery.

“Independently verified air-monitoring data from our Texas City refinery clearly indicates a substantial and sustained improvement in air quality since 2004,” Marr said in July.

“BP Texas City is also moving forward with a number of measures that will further improve environmental performance and reporting. These measures include industry leading technologies and programs.”



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Friday, August 6, 2010

Thousands sign on for $10 billion BP suit



By MONICA HATCHER
HOUSTON CHRONICLE

TEXAS CITY — The revelation that BP's Texas City refinery emitted toxic benzene for more than a month has ignited a furor in the port community that has suffered its share of deadly industrial accidents and toxic spills.
Thousands of residents who fear they may have been exposed to the known carcinogen released at the oil refinery from April 6 to May 16 have been flooding parking lots and conference halls where local trial attorneys hosted information sessions and sought clients for class-action lawsuits against the oil giant.

BP faces the new challenge just as it is reaching a key milestone in another crisis — plugging the Gulf of Mexico well that blew out in an oil spill disaster that is costing the company billions of dollars.

On Wednesday, more than 3,400 people lined the hallways and sidewalks around the Nessler Center to sign on to a $10 billion class-action lawsuit filed Tuesday in Galveston federal court by Friendswood attorney Anthony Buzbee.
The lawsuit alleges the release of 500,000 pounds of chemicals - including 17,000 pounds of benzene - has jeopardized the health and property values of people who live and work in the area.

At the nearby College of the Mainland, a separate town hall meeting drew a crowd of 600.
"I've never seen anything like this," Buzbee said, looking at the lines waiting to enter a large room at the civic center where lawyers helped people fill out paperwork. "I can't believe this is mass hysteria and that everybody here is a faker," Buzbee said.
Webster-based lawyer Chad Pinkerton said he's met with about 8,000 residents over the past week. "I believe this is probably the largest prolonged release in Texas history and many, many people are sick," he said.
Word of the lawsuits spread this week, propelled in part by rumors that BP was cutting checks to head off the benzene claims from the $20 billion fund established to pay claims related to the oil spill.

BP spokesman Michael Marr said those rumors are untrue.
On Wednesday afternoon, a family used a convenience store copy machine to make dozens of copies of legal contracts. A clerk said the machine had been in constant use by would-be plaintiffs.
Lluvia Briones, 19, who signed up to join the lawsuit, said her colleagues at a Texas City fast-food restaurant were caught up in the fervor. "Everybody at work was like, 'go, go, go,' " she said.

Dozens of people the Chronicle interviewed complained of allergic reactions, sinus infections, headaches, nosebleeds and other symptoms consistent with exposure to noxious substances.
Linda Laver, 55, a former nurse, said she's enjoyed near-perfect health until she recently suffered an abscessed sinus infection, gall bladder failure and pneumonia.
"I told my doctor, 'You've known me for all these years and now all of a sudden I'm having all these things,' " Laver said as she stood in line at the Nessler Center.
Laver said she "freaked out" when she saw a Buzbee Law Firm newspaper ad describing the symptoms of benzene exposure. "It confirmed all my suspicions," she said.

Only two weeks before the well blowout in the Gulf of Mexico killed 11 workers and triggered the oil spill, BP was experiencing problems with a hydrogen compressor at the Texas City plant - itself the site of a deadly explosion in 2005 that killed 15 people.
The trouble started April 6, when the company said a fire compromised a seal on an ultracracker's hydrogen compressor. The malfunction forced the company to flare off gases. It reported the "emissions event" to the Texas Commission on Environmental Quality the following day. As it worked to fix the unit over the next 40 days, the plant released 538,000 pounds of pollutants into the air, BP told regulators.

BP said it operated the ultracracker at minimal capacity, reducing production and emissions. Buzbee says the unit should have shut down completely.
Information about the release became public when BP submitted a final incident report to regulators June 4.

After investigating, the environmental commission cited BP for an "excessive release" and, two weeks ago, referred its findings to the state attorney general for possible litigation.
"Based on a review of the incidents that occurred during the past year, there appears to be a pattern of poor operation and maintenance practices" at the plant, the report said.
The report said chemical concentrations in the air did not exceed state or federal standards, but that the commission could not determine the short-term health effects of the chemicals.

Coming on the heels of the oil spill, the lawsuits add new woes for BP and may aggravate an old one: BP North America - the company's refining division - is on federal probation for a felony environmental conviction related to the 2005 explosion, which also caused a massive release of benzene and other toxins.

Any further violations could be grounds for prosecutors to ask a judge to revoke BP's probation.
Already, lawyers representing victims of the 2005 blast have said a court should revoke BP's probation based on a complaint by the Occupational Safety and Health Administration that BP has failed to comply with safety agreements it made after explosion.
The company denies OSHA's claims, and a hearing is scheduled for later this month.

As to the recent emissions, BP's Marr said in an e-mail that community air quality and fence line monitors, which measure for the presence of benzene and other substances, did not show elevated readings or ground-level impact.
Other monitoring by environmental specialists similarly found that the emissions did not exceed exposure limits set by the government, he said.

"BP does not believe there was a health impact associated with this event," Marr said.
Many residents are skeptical of that claim, and are angry that the chemicals were released for 40 days without public disclosure, even to Texas City's emergency management coordinator, Bruce Clawson. Even though BP complied with state reporting requirements, under an agreement with the city, the company should have alerted officials to the situation. Clawson said he's now dealing with irate residents calling the city for details he doesn't have about the release.
Chronicle reporter Lise Olsen contributed.


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Thursday, August 5, 2010

Lawsuit seeks $10 billion for 40-day BP release




By T.J. Aulds
The Daily News

Published August 4, 2010
TEXAS CITY — About 2,200 people are part of a federal lawsuit filed Tuesday morning over the release of more than 500,000 pounds of pollutants — including high levels of benzene — into the air after a unit failure at BP’s Texas City refinery.

The lawsuit filed by Friendswood attorney Tony Buzbee seeks $10 billion in damages in the release of pollutants between April 6 and May 16 when the refinery ultracracker’s hydrogen compressor went offline.

Buzbee said his clients include contract workers who were at the refinery and residents who live within a mile of the refinery. He said he expects to add another 4,000 clients to that list by week’s end.

The lawsuit was filed in the federal court in Galveston.

Buzbee said his clients have experienced “the typical exposure symptoms, sinus and eye issues, coughing, feeling nauseous, feeling lethargic — all the common benzene exposure symptoms.”

According to BP’s filings with state regulators, about 17,000 pounds of benzene were released — about 400 pounds a day.

Benzene has been linked to some forms of cancer, according to U.S. Health and Human Services records.

BP maintains the emissions did not harm the community.

“During the Ultracracker compressor outage of April-May, the community air monitoring network did not show elevated readings,” BP spokesman Michael Marr said. “Similarly, the site’s recently enhanced fence line monitoring did not show a ground level impact throughout the event.”

Buzbee said, “I don’t know what’s going on here. The amount of people saying they are experiencing symptoms is staggering. We started getting calls in April, but I was turning them down. When (The Daily News) first reported it (on June 5), the calls really started to come in, and I decided to take another look.”

Buzbee’s firm isn’t the only one planning legal action. For the past two weeks, attorneys have set up shop at store fronts to sign up clients, and Buzbee plans a town-hall meeting tonight in Texas City.

Attorney Chad Pinkerton said he has about 6,000 clients, while James Nebout, of Burwell and Nebout said he had hundreds of additional clients. Houston attorney Clement Aldridge was also in town meeting with potential clients last week, but he did not confirm how many people he had signed up.

Based on initial numbers provided by the attorneys, the number of people seeking some sort of legal action against BP could be about 25 percent of Texas City’s population.

Not all of the clients have been confirmed to have had medical symptoms, the attorneys said.

Nebout said his firm started getting calls in April before the emissions were made public.

“These are some very serious symptoms we are seeing in our clients, and you look at their medical records and say something has to have caused this,” Nebout said.

Pinkerton said some of his clients have shown signs of long-term health problems they blame on the emissions.

BP is bracing for the legal fight.

“Based on our understanding of the facts and circumstances, BP does not believe there is any basis to pay claims in connection with this event,” Marr said. “BP is not taking or paying such claims.”

In July, a Texas Commission on Environmental Quality investigation found the release was an “excessive emissions event” and then referred it to the attorney general’s office last week, agency spokeswoman Andrea Morrow said.

+++

What Was Released?

• BP estimated 37,519 pounds of nitrogen oxides, 17,000 pounds of benzene, 189,000 pounds of carbon monoxide, 61,000 pounds of propane, 34,645 pounds of isobutane and about 160,840 pounds of other emissions were released between April 6 and May 16.

• The daily release of benzene was 40 times the state reportable levels.

• State law requires 10 pounds or more of benzene and 200 pounds or more of nitrogen oxides during a 24-hour period must be reported to the Texas Commission on Environmental Quality.

SOURCES: BP, TCEQ


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