Shelter in Place

Curator
This film was selected by Amity Doolittle, senior lecturer and research scientist at the Yale School of Forestry and Environmental Studies.

Writers
The film guide was written by Caroline Scanlan, with research support from Liz Felker and Elham Shabahat, graduate students at the Yale School of Forestry and Environmental Studies.

Why this film was chosen
This documentary presents intimate stories of specific individuals living in the community adjacent to refineries in Corpus Christi and Port Arthur, Texas, who are exposed to toxic emissions from the petrochemical industry. The film maintains a balanced perspective by interviewing residents as well as company representatives and government officials.

However, by the end of the film, it becomes clear that companies are exploiting a legal loophole that allows them to release large quantities of unplanned emissions known as “upsets” without penalty while simultaneously denying that the emissions affect human health.

Meanwhile, local residents mount legal challenges to the emissions but are frustrated in their efforts to demonstrate a causal relationship between polluting industries and health problems, especially where there are multiple toxins involved.

Teacher's guide    
Please see the teacher's guide for maps, background information and suggested subjects, questions and activities.

Synopsis 
Texas has become richer than all but ten of the world’s sovereign nations, but at what human cost? It is the vast, sprawling complexes of oil refineries and petrochemical plants that help make the Texan economy one of the biggest in the world. These industries are legally permitted to release millions of tons of toxic pollutants into the air each year, plus thousands of tons more in ‘accidental’ or ‘unscheduled’ releases. When these incidents happen, local residents are told to stay in their homes and tape up their windows and doors. This procedure is called “shelter in place.” Communities living on the border of these Texas industries are usually poor, African American and powerless to protest. This film is an intimate portrait of a community battling against environmental pollution and corporate power.

The vast, sprawling complexes of oil refineries and petro-chemical plants help make the Texan economy one of the biggest in the world. But does the wealth come at too a high a price to the local community? Beautifully filmed, and burningly relevant. A film that speaks to the roots of the environmental justice movement in North America.

The environmental justice focus of the film
This film shows how communities affected by toxic chemicals face enormous difficulties when they try to make their voices heard. To begin with, the overall health of the community members may be seriously compromised not only by the direct exposure to “upsets” and “chemical cocktails” but also by the lack of medical care and the chronic stress that comes from knowing that they and their children may suffer long‑term damage from exposure to the pollution. This stress, in turn, makes residents more vulnerable.

When the community challenged the polluters and pointed to actual harm to their health from the unregulated emissions, the company demanded that they demonstrate a direct connection between their exposure to specific chemicals and their compromised health. While the cumulative effect of the pollution may be scientifically evident, it remains difficult to prove a causal relationship because individual responses will vary and the actual emissions are not documented.

Finally, the residents may find themselves stymied by the complex, frustrating, and sometimes intractable process of gaining a hearing, demonstrating damages, developing regulations, and implementing controls. Meanwhile, the pollution and stress continue at a high cost to the lives and health of these low-income residents. This unfair stalemate highlights the injustice that flows from the imbalance of power between corporate interests and local communities.

Download the transcript (PDF)

Download the teacher's guide for Shelter in Place (PDF)

00:00:00.500 --> 00:00:01.992
[EXPLOSION SOUNDS]

00:00:01.992 --> 00:00:06.474


00:00:06.474 --> 00:00:11.454
[MUSIC PLAYING]

00:00:11.454 --> 00:00:25.430


00:00:25.430 --> 00:00:28.590
How to Shelter in Place.

00:00:28.590 --> 00:00:30.680
Go inside a building or vehicle.

00:00:30.680 --> 00:00:33.630
Close all windows and doors.

00:00:33.630 --> 00:00:37.310
Turn off all cooling
and ventilation systems.

00:00:37.310 --> 00:00:38.510
Stay off the telephone.

00:00:38.510 --> 00:00:42.376
And listen to your television
for more information.

00:00:42.376 --> 00:00:44.328
[MUSIC PLAYING]

00:00:44.328 --> 00:01:02.420


00:01:02.420 --> 00:01:04.379
--strategy, as the
[INAUDIBLE] outlined

00:01:04.379 --> 00:01:08.210
is all based toward division
of a free and truly democratic

00:01:08.210 --> 00:01:09.202
society emerging.

00:01:09.202 --> 00:01:12.178
And it's clearly a lack
of trust right now.

00:01:12.178 --> 00:01:27.058


00:01:27.058 --> 00:01:28.546
[TV SOUNDS]

00:01:28.546 --> 00:01:31.026


00:01:31.026 --> 00:01:33.820
Mama wants you, Faith.

00:01:33.820 --> 00:01:36.243
Faith, you have dirty
clothes in the bathroom.

00:01:36.243 --> 00:01:45.876


00:01:45.876 --> 00:01:48.258
You guys need some
money for school?

00:01:48.258 --> 00:01:50.730
Yes, mama.

00:01:50.730 --> 00:01:53.460
I want Papa-- one
of Papa colognes.

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You want your own cologne?

00:01:55.041 --> 00:01:55.540
Yeah.

00:01:55.540 --> 00:01:56.039
Why?

00:01:56.039 --> 00:01:58.270
Does it make you
better about yourself

00:01:58.270 --> 00:01:59.390
when you have cologne on?

00:01:59.390 --> 00:02:00.770
And a brush.

00:02:00.770 --> 00:02:01.940
And a brush.

00:02:01.940 --> 00:02:03.530
No, ma.

00:02:03.530 --> 00:02:05.378
That way you smell it all day.

00:02:05.378 --> 00:02:06.590
Fresh.

00:02:06.590 --> 00:02:07.560
Faith, your turn.

00:02:07.560 --> 00:02:12.240


00:02:12.240 --> 00:02:14.226
Faith.

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You hear?

00:02:16.080 --> 00:02:17.160
Don't get in trouble.

00:02:17.160 --> 00:02:27.970


00:02:27.970 --> 00:02:28.970
Go walk on the sidewalk.

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Don't walk in the grass.

00:02:30.100 --> 00:02:31.850
It's wet.

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OK.

00:02:32.350 --> 00:02:33.350
Come on.

00:02:33.350 --> 00:02:38.350


00:02:38.350 --> 00:02:40.350
[MUSIC PLAYING]

00:02:40.350 --> 00:02:51.850


00:02:51.850 --> 00:02:53.080
Got your seat belts on?

00:02:53.080 --> 00:03:02.314


00:03:02.314 --> 00:03:05.230
Zip it up.

00:03:05.230 --> 00:03:08.620
You see the kids running?

00:03:08.620 --> 00:03:10.340
You have to get going.

00:03:10.340 --> 00:03:10.840
OK?

00:03:10.840 --> 00:03:13.180
Because we're already
a little bit late.

00:03:13.180 --> 00:03:20.731


00:03:20.731 --> 00:03:21.230
Bye.

00:03:21.230 --> 00:03:22.615
Have a good day.

00:03:22.615 --> 00:03:24.416
Have a good day, mom.

00:03:24.416 --> 00:03:26.540
Faith, where's your-- oh,
you've got your backpack.

00:03:26.540 --> 00:03:27.110
OK.

00:03:27.110 --> 00:03:27.650
Go ahead.

00:03:27.650 --> 00:03:36.380


00:03:36.380 --> 00:03:38.960
We are literally boxed in.

00:03:38.960 --> 00:03:40.850
So no matter where
the wind blows,

00:03:40.850 --> 00:03:43.640
you will get your daily
dose of toxic chemicals.

00:03:43.640 --> 00:03:44.390
Amen.

00:03:44.390 --> 00:03:47.780
How many people know a
child with acute asthma?

00:03:47.780 --> 00:03:52.010


00:03:52.010 --> 00:03:54.680
Hands down.

00:03:54.680 --> 00:04:00.700
Benzene, butadiene, hydrogen
sulfide, nitrogen oxide.

00:04:00.700 --> 00:04:02.180
We know where it's coming from.

00:04:02.180 --> 00:04:03.388
We've been knowing for years.

00:04:03.388 --> 00:04:05.870
But we didn't know
what to do about it.

00:04:05.870 --> 00:04:11.175
We didn't understand how
these chemicals affected us.

00:04:11.175 --> 00:04:14.626
[MUSIC PLAYING]

00:04:14.626 --> 00:04:41.290


00:04:41.290 --> 00:04:47.070
The Upset Law is intended
to allow companies

00:04:47.070 --> 00:04:52.630
to make emergency releases when
something unexpected happens--

00:04:52.630 --> 00:04:55.080
something that cannot
be foreseen happens--

00:04:55.080 --> 00:04:59.730
in order to protect either
the safety of workers

00:04:59.730 --> 00:05:03.620
or the integrity of the plant.

00:05:03.620 --> 00:05:08.460
And it would be something
that would be unusual, not

00:05:08.460 --> 00:05:11.700
reoccurring, and something
that you couldn't plan against.

00:05:11.700 --> 00:05:15.516


00:05:15.516 --> 00:05:18.440
In practice, in
Texas, what happens

00:05:18.440 --> 00:05:25.961
is one plant will have the same
upset dozens of times in one

00:05:25.961 --> 00:05:26.460
year.

00:05:26.460 --> 00:05:34.875


00:05:34.875 --> 00:05:36.855
[MUSIC PLAYING]

00:05:36.855 --> 00:05:51.720


00:05:51.720 --> 00:05:56.100
Sometimes they have a big old
torch out there that goes, fww.

00:05:56.100 --> 00:05:57.600
It just blows like that.

00:05:57.600 --> 00:06:02.820
And it looks like it just lights
up this whole area, back here.

00:06:02.820 --> 00:06:04.210
They're blowing something.

00:06:04.210 --> 00:06:06.390
And I guess they're
just letting it go.

00:06:06.390 --> 00:06:09.210
And it's combust or something.

00:06:09.210 --> 00:06:11.380
Because it's fire
coming out of there.

00:06:11.380 --> 00:06:12.810
And it's just like, fwww.

00:06:12.810 --> 00:06:13.500
Like that.

00:06:13.500 --> 00:06:15.310
It's that loud.

00:06:15.310 --> 00:06:16.830
But, yeah.

00:06:16.830 --> 00:06:18.810
There's days where it's worse.

00:06:18.810 --> 00:06:21.750
And, sometimes, you hear the
sirens going off out there.

00:06:21.750 --> 00:06:25.170
You don't know if something
or someone is hurt--

00:06:25.170 --> 00:06:26.790
explosions.

00:06:26.790 --> 00:06:27.800
But, yeah.

00:06:27.800 --> 00:06:30.720


00:06:30.720 --> 00:06:36.330
They tell us to keep our doors
closed and our windows down.

00:06:36.330 --> 00:06:39.540
But my house is old.

00:06:39.540 --> 00:06:41.130
It's going to come
through-- if it's

00:06:41.130 --> 00:06:44.710
going to come through--
the cracks in my floors.

00:06:44.710 --> 00:06:46.500
It gets in the
house, either way.

00:06:46.500 --> 00:06:48.660
If it's, the air
conditioner's on,

00:06:48.660 --> 00:06:51.720
it's coming through the vents
from the air conditioner.

00:06:51.720 --> 00:06:58.870


00:06:58.870 --> 00:07:01.390
I want you to know that we
are in a fight for our lives.

00:07:01.390 --> 00:07:02.160
Uh-huh.

00:07:02.160 --> 00:07:04.456
We have split some atoms.

00:07:04.456 --> 00:07:07.660
And we have refined
some petroleum

00:07:07.660 --> 00:07:14.044
that we can't even detect what
it's doing in the atmosphere.

00:07:14.044 --> 00:07:16.003
But I know somebody that
knows what's going on.

00:07:16.003 --> 00:07:16.502
Know.

00:07:16.502 --> 00:07:17.200
That's right.

00:07:17.200 --> 00:07:20.480
The world may fill
up full of Toxins.

00:07:20.480 --> 00:07:23.013
The devil might have
meant it for evil.

00:07:23.013 --> 00:07:23.512
Come on.

00:07:23.512 --> 00:07:25.680
But God meant it for the good.

00:07:25.680 --> 00:07:26.180
Yes.

00:07:26.180 --> 00:07:26.680
Amen.

00:07:26.680 --> 00:07:33.530


00:07:33.530 --> 00:07:35.990
To be blunt, the
people are treated

00:07:35.990 --> 00:07:37.310
as if they're expendable.

00:07:37.310 --> 00:07:40.670


00:07:40.670 --> 00:07:42.650
In most cases,
some of the people

00:07:42.650 --> 00:07:45.436
don't have a great education.

00:07:45.436 --> 00:07:47.560
Some of them haven't been
out of their neighborhood

00:07:47.560 --> 00:07:49.270
since they were born.

00:07:49.270 --> 00:07:56.460
And so, when they complain,
it's as if nobody hears them.

00:07:56.460 --> 00:08:00.710
All of the issues in Corpus
Christi, Beaumont and Port

00:08:00.710 --> 00:08:05.160
Arthur, as well as other places,
like Texas City, are the same.

00:08:05.160 --> 00:08:06.500
The people are the same.

00:08:06.500 --> 00:08:08.909
The ethnicity of
the people there--

00:08:08.909 --> 00:08:09.950
they're African-American.

00:08:09.950 --> 00:08:10.610
They're poor.

00:08:10.610 --> 00:08:12.470
They're not well-educated.

00:08:12.470 --> 00:08:15.830
And they don't have any
political influence.

00:08:15.830 --> 00:08:19.160
With all of the federal
dollars and state dollars

00:08:19.160 --> 00:08:24.050
and all of the money that
is generated in that area,

00:08:24.050 --> 00:08:26.810
there's no excuse--

00:08:26.810 --> 00:08:32.690
no excuse-- for houses
to be lined up that close

00:08:32.690 --> 00:08:33.840
to environmental pollution.

00:08:33.840 --> 00:08:36.114
There's just no excuse for it.

00:08:36.114 --> 00:08:39.593
[MUSIC PLAYING]

00:08:39.593 --> 00:09:14.450


00:09:14.450 --> 00:09:16.440
So, here's Carver Terrace.

00:09:16.440 --> 00:09:19.970
And right between the apartment
complex, as you can see,

00:09:19.970 --> 00:09:21.830
the Premcor Valero refinery.

00:09:21.830 --> 00:09:24.670


00:09:24.670 --> 00:09:29.580
And right in front of us,
you see the Motiva refinery.

00:09:29.580 --> 00:09:32.790
So these residents
and their children

00:09:32.790 --> 00:09:35.730
are totally exposed
to the chemicals

00:09:35.730 --> 00:09:39.880
being released by the
facilities surrounding them.

00:09:39.880 --> 00:09:43.310


00:09:43.310 --> 00:09:46.280
This is the worst location
they could have possibly found

00:09:46.280 --> 00:09:48.200
for the playground.

00:09:48.200 --> 00:09:49.910
When you're standing
here, you're

00:09:49.910 --> 00:09:54.080
getting the emissions
from both refineries,

00:09:54.080 --> 00:09:56.450
depending on the way
the wind is blowing.

00:09:56.450 --> 00:09:59.540
And these are where children,
actually, climb up the slide

00:09:59.540 --> 00:10:02.290
and come down and start
breathing really hard so

00:10:02.290 --> 00:10:05.690
that they're taking in the
chemicals and the particles

00:10:05.690 --> 00:10:07.160
deep into their lungs.

00:10:07.160 --> 00:10:09.170
And it's having a much
greater health impact

00:10:09.170 --> 00:10:11.930
than if they were at rest,
say, sitting in their home

00:10:11.930 --> 00:10:13.460
or sitting in their yard.

00:10:13.460 --> 00:10:15.260
So here you've
put it right where

00:10:15.260 --> 00:10:17.870
the most toxic hot spot is.

00:10:17.870 --> 00:10:19.910
The chemicals in
the air in this area

00:10:19.910 --> 00:10:22.350
consist of benzene
and vinyl chloride,

00:10:22.350 --> 00:10:24.620
which are known human
cancer-causing agents.

00:10:24.620 --> 00:10:26.780
They also consist
of 1,3 butadiene

00:10:26.780 --> 00:10:30.260
and a whole host of volatile
and semi-volatile organics.

00:10:30.260 --> 00:10:32.550
So on an ongoing
basis, these citizens,

00:10:32.550 --> 00:10:34.130
including the
children, are exposed

00:10:34.130 --> 00:10:36.210
to these very toxic chemicals.

00:10:36.210 --> 00:10:38.060
And if you look here,
this is a general area

00:10:38.060 --> 00:10:39.660
where we're located.

00:10:39.660 --> 00:10:43.670
The air emissions from Premcor
move into this facility.

00:10:43.670 --> 00:10:47.910
And then, the air emissions
from Motiva move into this area.

00:10:47.910 --> 00:10:51.500
So this area is being bombarded,
no matter which way the ambient

00:10:51.500 --> 00:10:53.840
air is blowing, from this way--

00:10:53.840 --> 00:10:56.750
from Premcor Valero
and from Motiva.

00:10:56.750 --> 00:11:00.050
So these people are
constantly being exposed

00:11:00.050 --> 00:11:01.280
to the chemicals in the air.

00:11:01.280 --> 00:11:03.560
Would you let your
own kids play here?

00:11:03.560 --> 00:11:04.140
I would not.

00:11:04.140 --> 00:11:04.640
No.

00:11:04.640 --> 00:11:05.300
Absolutely not.

00:11:05.300 --> 00:11:05.800
What?

00:11:05.800 --> 00:11:07.100
Even once.

00:11:07.100 --> 00:11:07.850
No.

00:11:07.850 --> 00:11:08.480
No.

00:11:08.480 --> 00:11:09.900
They don't need
that added burden.

00:11:09.900 --> 00:11:34.350


00:11:34.350 --> 00:11:35.620
That's why.

00:11:35.620 --> 00:11:38.320
Man, I got breathing
problems, today, man.

00:11:38.320 --> 00:11:40.395
They're always burning
something and shit.

00:11:40.395 --> 00:11:42.020
A lot of people got
breathing problems.

00:11:42.020 --> 00:11:43.310
My little girl--she's
five months.

00:11:43.310 --> 00:11:44.351
She's breathing problems.

00:11:44.351 --> 00:11:48.198


00:11:48.198 --> 00:11:52.662
3, 2, 1.

00:11:52.662 --> 00:11:53.654
[SCREAM]

00:11:53.654 --> 00:11:54.646


00:11:54.646 --> 00:11:55.638
[LAUGHTER]

00:11:55.638 --> 00:11:58.118
Then the servant came
and reported these things

00:11:58.118 --> 00:11:59.120
to the master.

00:11:59.120 --> 00:12:02.100
Then, the master, being
angry, said to his servant,

00:12:02.100 --> 00:12:05.790
go out quickly, into the streets
and the lanes of the city.

00:12:05.790 --> 00:12:07.920
And bring in the
poor and the mamed

00:12:07.920 --> 00:12:09.690
and the lame and the blind.

00:12:09.690 --> 00:12:11.770
The Lord, Jesus,
was a carpenter.

00:12:11.770 --> 00:12:13.330
And he went to be
with the Father.

00:12:13.330 --> 00:12:13.830
Amen?

00:12:13.830 --> 00:12:14.330
Amen.

00:12:14.330 --> 00:12:16.800
And the Word says he's
building a house--

00:12:16.800 --> 00:12:18.856
a mansion-- for you and I.

00:12:18.856 --> 00:12:20.254
Anybody need socks?

00:12:20.254 --> 00:12:23.516


00:12:23.516 --> 00:12:25.820
And we have food
and potatoes, too.

00:12:25.820 --> 00:12:32.268


00:12:32.268 --> 00:12:32.770
Oh, yeah.

00:12:32.770 --> 00:12:34.160
They're all brand new.

00:12:34.160 --> 00:12:36.080
We're here doing a
food distribution,

00:12:36.080 --> 00:12:38.000
as we do every other Saturday.

00:12:38.000 --> 00:12:41.840
And when we pulled in, the smell
was real strong and real heavy.

00:12:41.840 --> 00:12:45.500
And, in fact, my son said,
I can't hardly breathe, Mom.

00:12:45.500 --> 00:12:48.080
And I said, well, it's just
the refinery, you know.

00:12:48.080 --> 00:12:49.940
First, we were outside.

00:12:49.940 --> 00:12:51.800
And then we started
smelling something.

00:12:51.800 --> 00:12:55.430
It just came like a heat.

00:12:55.430 --> 00:12:58.880
And once we smelled it,
we went in the house

00:12:58.880 --> 00:13:01.310
and closed up the doors.

00:13:01.310 --> 00:13:03.350
Port Arthur Police
pulled in and told us,

00:13:03.350 --> 00:13:05.060
you need to leave immediately.

00:13:05.060 --> 00:13:07.520
And there was quite a
crowd here that day.

00:13:07.520 --> 00:13:10.040
And they said, you need to
all go inside of your houses

00:13:10.040 --> 00:13:12.770
and close your doors,
and there has been

00:13:12.770 --> 00:13:15.080
a toxic spill at the refinery.

00:13:15.080 --> 00:13:17.110
They didn't really
know what it was.

00:13:17.110 --> 00:13:19.950
But they said that it could
cause breathing problems.

00:13:19.950 --> 00:13:21.946
So, just lock up in your house.

00:13:21.946 --> 00:13:24.320
Before we were able to get
our stuff packed up and leave,

00:13:24.320 --> 00:13:27.350
two ambulances had pulled in for
two different households where

00:13:27.350 --> 00:13:29.330
they were having
respiratory distress.

00:13:29.330 --> 00:13:32.480
People were walking and just
falling down-- passing out--

00:13:32.480 --> 00:13:33.880
trying to make it
to their house.

00:13:33.880 --> 00:13:36.050
And they were just
passing out, like flies.

00:13:36.050 --> 00:13:37.220
Just dropping.

00:13:37.220 --> 00:13:40.110
Babies couldn't
catch their breath.

00:13:40.110 --> 00:13:40.645
Nothing.

00:13:40.645 --> 00:13:42.020
Like I said, that
was a Saturday.

00:13:42.020 --> 00:13:44.240
And by Tuesday, there was
a gentleman at our church--

00:13:44.240 --> 00:13:45.620
had come to the church--

00:13:45.620 --> 00:13:47.090
and asked if he
could speak to us.

00:13:47.090 --> 00:13:48.590
He was from the refinery.

00:13:48.590 --> 00:13:50.570
And so he offered to
pay us, at the time,

00:13:50.570 --> 00:13:54.530
$750 if we would sign a waiver
stating that they would be,

00:13:54.530 --> 00:13:58.640
in no way, liable for any
kind of future health issues

00:13:58.640 --> 00:14:03.530
that may result from us spending
that much time breathing

00:14:03.530 --> 00:14:04.953
that substance.

00:14:04.953 --> 00:14:08.404
[NEBULIZER SOUND]

00:14:08.404 --> 00:14:12.348


00:14:12.348 --> 00:14:13.827
Sit down.

00:14:13.827 --> 00:14:15.306
Sit down, [INAUDIBLE].

00:14:15.306 --> 00:14:16.292
Sit right there.

00:14:16.292 --> 00:14:29.110


00:14:29.110 --> 00:14:32.610
[INAUDIBLE]

00:14:32.610 --> 00:14:34.810
Can you make anything on that--

00:14:34.810 --> 00:14:35.520
I can't see shit.

00:14:35.520 --> 00:14:37.100
Can you make anything
on that placard?

00:14:37.100 --> 00:14:37.599
Negative.

00:14:37.599 --> 00:14:40.960
Not at this time.

00:14:40.960 --> 00:14:44.220
One of the white barrels
has a red placard on it.

00:14:44.220 --> 00:14:46.790
Can't identify anything
other than that.

00:14:46.790 --> 00:14:49.040
Unable to determine anything
about the blue containers

00:14:49.040 --> 00:14:50.248
at this time.

00:14:50.248 --> 00:14:51.670
[BEEPING ALARMS]

00:14:51.670 --> 00:14:59.910


00:14:59.910 --> 00:15:03.330
This is a test,
only, for site 1.

00:15:03.330 --> 00:15:08.580
This is a test,
only, for site 1.

00:15:08.580 --> 00:15:14.300
[EMERGENCY VEHICLE SOUNDS]

00:15:14.300 --> 00:15:16.710
How to Shelter in Place.

00:15:16.710 --> 00:15:21.060
Go inside a building or vehicle,
turn off all heating, cooling,

00:15:21.060 --> 00:15:23.870
and ventilation systems, and
listen to your television

00:15:23.870 --> 00:15:26.930
or radio for more information.

00:15:26.930 --> 00:15:33.080
Shelter in place is where we ask
the public to remain indoors.

00:15:33.080 --> 00:15:34.160
Close all doors.

00:15:34.160 --> 00:15:35.450
Close all windows.

00:15:35.450 --> 00:15:40.940
Turn all external
HVAC devices off

00:15:40.940 --> 00:15:44.150
and remain so until
it is safe to do

00:15:44.150 --> 00:15:50.070
so and to the radio,
which, in our area,

00:15:50.070 --> 00:15:54.680
we have specific designated
television and radio networks

00:15:54.680 --> 00:15:58.190
to give them pertinent
information as to the emergency

00:15:58.190 --> 00:16:00.620
and for the reason for
the Shelter in Place.

00:16:00.620 --> 00:16:04.348


00:16:04.348 --> 00:16:07.312
It was a frightening
day for dozens

00:16:07.312 --> 00:16:10.276
of people who live near
a Port Arthur refinery.

00:16:10.276 --> 00:16:13.734
A heavy oil spill at
the Valero Refinery,

00:16:13.734 --> 00:16:17.700
Saturday, sent close to
40 people to the hospital.

00:16:17.700 --> 00:16:21.550
Tonight, those residents met
to discuss what went wrong.

00:16:21.550 --> 00:16:25.090
Almost 40 people were taken
to the hospital because

00:16:25.090 --> 00:16:29.320
of what happened throughout
West Port Arthur, in particular,

00:16:29.320 --> 00:16:31.284
Carver Terrace Apartment.

00:16:31.284 --> 00:16:35.236


00:16:35.236 --> 00:16:39.490
Oh, the refinery is
out where no one stays.

00:16:39.490 --> 00:16:45.380
They're out in the fields and
pushed back on landscapes.

00:16:45.380 --> 00:16:49.550
But, this area here,
right there-- right by

00:16:49.550 --> 00:16:52.830
the refineries.

00:16:52.830 --> 00:16:55.620
They sedate you with
the little checks.

00:16:55.620 --> 00:16:57.417
And it puts you--

00:16:57.417 --> 00:16:59.500
you push it to the back
of your mind for a minute.

00:16:59.500 --> 00:17:04.650
They give you tangible
resources in order

00:17:04.650 --> 00:17:06.703
for you to address your issue.

00:17:06.703 --> 00:17:08.369
But, at the same time,
the biggest issue

00:17:08.369 --> 00:17:09.256
is still going on.

00:17:09.256 --> 00:17:10.630
They're still
letting out things,

00:17:10.630 --> 00:17:12.833
polluting into the community.

00:17:12.833 --> 00:17:19.229


00:17:19.229 --> 00:17:25.640
Until the man make
him say he's wrong.

00:17:25.640 --> 00:17:29.330
Valero had a spill last year.

00:17:29.330 --> 00:17:32.880
And they were
offering people money.

00:17:32.880 --> 00:17:36.870
At that time, I was
in a financial bind.

00:17:36.870 --> 00:17:40.620
So, I did get some
money from them, too.

00:17:40.620 --> 00:17:47.550
It was $500, for me
and my three children.

00:17:47.550 --> 00:17:48.836
So--

00:17:48.836 --> 00:17:51.310
And, did you have to sign
anything to take money?

00:17:51.310 --> 00:17:52.120
Yes.

00:17:52.120 --> 00:17:57.520
I signed something stating
that I would not sue them

00:17:57.520 --> 00:18:00.530
for that particular spill.

00:18:00.530 --> 00:18:05.090


00:18:05.090 --> 00:18:08.440
He had on some brown
khakis and a Valero shirt.

00:18:08.440 --> 00:18:11.960
And he had a little
clipboard that he came with.

00:18:11.960 --> 00:18:18.050
And he asked me how many
rooms that I had in my home

00:18:18.050 --> 00:18:20.390
and how much my income was.

00:18:20.390 --> 00:18:23.410


00:18:23.410 --> 00:18:26.740
And the check came within
about a week or two weeks,

00:18:26.740 --> 00:18:27.640
just like he said.

00:18:27.640 --> 00:18:40.030


00:18:40.030 --> 00:18:43.800
That's a very standard
procedure in the legal industry.

00:18:43.800 --> 00:18:46.230
When you go out and adjust
somebody's claim and say,

00:18:46.230 --> 00:18:48.480
OK, we have caused you
some inconvenience.

00:18:48.480 --> 00:18:52.145
We may have caused you
to go to the doctor.

00:18:52.145 --> 00:18:53.520
We're going to
take care of that.

00:18:53.520 --> 00:18:56.190
We will re-compensate
you and pay you something

00:18:56.190 --> 00:18:57.630
for your inconvenience.

00:18:57.630 --> 00:18:59.520
That ends their claim.

00:18:59.520 --> 00:19:03.000
But, what if they
have long-term effects

00:19:03.000 --> 00:19:04.649
caused by the chemical release?

00:19:04.649 --> 00:19:06.690
Well, again, you're talking
about a hypothetical.

00:19:06.690 --> 00:19:09.870
And, in this case, there was
not a level of H2S release

00:19:09.870 --> 00:19:12.480
that would cause anybody
any long term effects.

00:19:12.480 --> 00:19:15.480
This was an amount that
people, obviously, noticed.

00:19:15.480 --> 00:19:17.119
It's very odorous.

00:19:17.119 --> 00:19:18.410
They got sick to their stomach.

00:19:18.410 --> 00:19:20.760
They may have had throat
irritation or something

00:19:20.760 --> 00:19:21.580
like that.

00:19:21.580 --> 00:19:23.400
But, again, nothing
life threatening.

00:19:23.400 --> 00:19:25.050
No serious injuries at all.

00:19:25.050 --> 00:19:29.730
So there's no lingering health
care effects from that one

00:19:29.730 --> 00:19:31.020
rare brief instance.

00:19:31.020 --> 00:19:34.280


00:19:34.280 --> 00:19:38.610
There seems to be upsets fairly
frequently from industry.

00:19:38.610 --> 00:19:41.060
Well, it depends on what
you mean by an upset.

00:19:41.060 --> 00:19:43.100
Valero, and all the
refineries, have

00:19:43.100 --> 00:19:47.240
to operate within air
quality regulations.

00:19:47.240 --> 00:19:49.460
And we have certain
emission regulations

00:19:49.460 --> 00:19:51.230
that we have to meet.

00:19:51.230 --> 00:19:54.330
If there's a process
upset or something,

00:19:54.330 --> 00:19:57.890
not serious to the community,
but something goes awry

00:19:57.890 --> 00:20:00.920
with the process,
typically, what happens

00:20:00.920 --> 00:20:02.990
is the material is
sent to a flare.

00:20:02.990 --> 00:20:03.800
And it's ignited.

00:20:03.800 --> 00:20:05.260
That's a safety
device, actually.

00:20:05.260 --> 00:20:07.790
You'd rather have
that stuff burned off

00:20:07.790 --> 00:20:09.920
than to have pressures
build up and have things

00:20:09.920 --> 00:20:11.460
back up, and so forth.

00:20:11.460 --> 00:20:14.830
So anything that's flared, has
to be reported to the state--

00:20:14.830 --> 00:20:17.070
the Texas--

00:20:17.070 --> 00:20:19.340
TCEQ.

00:20:19.340 --> 00:20:21.280
The state tracks all that stuff.

00:20:21.280 --> 00:20:22.280
That counts as an upset.

00:20:22.280 --> 00:20:25.220
But, very rarely do any
of those have any impact

00:20:25.220 --> 00:20:26.660
at all in the community.

00:20:26.660 --> 00:20:29.120
That material is
safely combusted--

00:20:29.120 --> 00:20:30.625
goes off into the air.

00:20:30.625 --> 00:20:32.250
It's something that
has to be reported.

00:20:32.250 --> 00:20:33.916
But not anything that
anybody would even

00:20:33.916 --> 00:20:36.926
notice unless they
saw the actual flare.

00:20:36.926 --> 00:20:39.416
[MUSIC PLAYING]

00:20:39.416 --> 00:20:58.340


00:20:58.340 --> 00:21:01.790
There was a very large
flame of fire and hollering

00:21:01.790 --> 00:21:04.940
cloud of black smoke
coming out of the flare.

00:21:04.940 --> 00:21:07.940
This went on late
into the night.

00:21:07.940 --> 00:21:13.520
Could not sleep because of
the noise and roaring sound.

00:21:13.520 --> 00:21:15.912
Like I say, even my grandkids--

00:21:15.912 --> 00:21:17.870
my daughter, my children
living there, they all

00:21:17.870 --> 00:21:20.610
have some sort of
respiratory problems.

00:21:20.610 --> 00:21:21.350
Today?

00:21:21.350 --> 00:21:21.920
To this day.

00:21:21.920 --> 00:21:24.550


00:21:24.550 --> 00:21:27.190
They say, in America, if you
work hard and keep your nose

00:21:27.190 --> 00:21:30.220
clean, you can move up.

00:21:30.220 --> 00:21:31.270
I've done all that.

00:21:31.270 --> 00:21:33.210
Never been on welfare.

00:21:33.210 --> 00:21:35.140
Served my country
in the military.

00:21:35.140 --> 00:21:37.810
You name it, I done it.

00:21:37.810 --> 00:21:40.140
And at the end of
the day, here I am--

00:21:40.140 --> 00:21:42.660


00:21:42.660 --> 00:21:45.510
right here-- stuck in a place
where nobody would like to be.

00:21:45.510 --> 00:21:51.180


00:21:51.180 --> 00:21:55.020
The average person doesn't
have the kind of finance

00:21:55.020 --> 00:21:57.971
to fight these people 15,
20 years to win a case.

00:21:57.971 --> 00:21:58.720
You don't have it.

00:21:58.720 --> 00:21:59.920
And they know it.

00:21:59.920 --> 00:22:02.940
So, all you do is,
you're like a tumbleweed.

00:22:02.940 --> 00:22:04.620
You just finally blow away.

00:22:04.620 --> 00:22:06.750
You can fight
something for 20 years,

00:22:06.750 --> 00:22:09.720
and, at the end of the day,
you still lose in court.

00:22:09.720 --> 00:22:11.450
And they said, justice
had been served.

00:22:11.450 --> 00:22:12.060
You lost.

00:22:12.060 --> 00:22:23.860


00:22:23.860 --> 00:22:26.340
That's the way it
is in this country.

00:22:26.340 --> 00:22:30.545
The big and the powerful, they
pretty much get what they want.

00:22:30.545 --> 00:22:32.170
And they pretty much
do what they want.

00:22:32.170 --> 00:22:36.910


00:22:36.910 --> 00:22:41.170
I've been in there, roughly,
already, almost 40 years.

00:22:41.170 --> 00:22:42.970
And you were here before them?

00:22:42.970 --> 00:22:45.640
I was here way before they ever
even thought about moving here.

00:22:45.640 --> 00:22:47.140
When I moved here,
there was nothing

00:22:47.140 --> 00:22:50.260
but a few homes across
the road and this company

00:22:50.260 --> 00:22:51.760
right across the street, there.

00:22:51.760 --> 00:22:54.110
That was it.

00:22:54.110 --> 00:22:57.500
And then, all of a sudden, boom.

00:22:57.500 --> 00:22:59.300
And there were people--
why don't you move?

00:22:59.300 --> 00:23:02.404
Why did you buy a property
next to the refinery?

00:23:02.404 --> 00:23:04.070
I said, I didn't buy
next to a refinery.

00:23:04.070 --> 00:23:05.050
They bought next to me.

00:23:05.050 --> 00:23:07.774


00:23:07.774 --> 00:23:11.790
Fellow Americans, consider
the ranges of Texas.

00:23:11.790 --> 00:23:17.410
Her open spaces, her crowded
places, her Western faces.

00:23:17.410 --> 00:23:22.600
How peaceful the
ranges of Texas.

00:23:22.600 --> 00:23:27.820
Here at Port Arthur, Texas,
near Louisiana and the sea,

00:23:27.820 --> 00:23:33.140
46,000 Texans say,
we oil the world.

00:23:33.140 --> 00:23:36.120
Proud of the Lone Star State.

00:23:36.120 --> 00:23:38.200
Young city going places.

00:23:38.200 --> 00:23:40.750
More on the pleasure pier.

00:23:40.750 --> 00:23:42.730
College girls swimming.

00:23:42.730 --> 00:23:45.760
This is the way they preserve
the big crop of peaches

00:23:45.760 --> 00:23:47.230
down in Port Arthur, Texas.

00:23:47.230 --> 00:23:49.870
They pour them into tins,
then seal them well.

00:23:49.870 --> 00:23:52.780
It's all part of a huge
high-jinks at the largest oil

00:23:52.780 --> 00:23:54.105
refinery in the nation.

00:23:54.105 --> 00:23:54.730
[MUSIC PLAYING]

00:23:54.730 --> 00:24:00.957
MUSICIAN (SINGING):
When out came oil,

00:24:00.957 --> 00:24:11.394
out came oil, out come oil.

00:24:11.394 --> 00:24:17.855


00:24:17.855 --> 00:24:18.849
[TRAIN WHISTLE]

00:24:18.849 --> 00:24:20.837


00:24:20.837 --> 00:24:21.831
[DOGS BARKING]

00:24:21.831 --> 00:24:24.820


00:24:24.820 --> 00:24:27.480
This is where Ray
Charles performed.

00:24:27.480 --> 00:24:30.250
This used to be
Antoine's Auditorium.

00:24:30.250 --> 00:24:35.350
Al Green, James Brown,
all of the greats,

00:24:35.350 --> 00:24:38.750
right here in Port Arthur.

00:24:38.750 --> 00:24:40.650
One day, I was at the
Mardi Gras in 2000.

00:24:40.650 --> 00:24:41.540
And I looked around.

00:24:41.540 --> 00:24:43.370
I went, wait a minute.

00:24:43.370 --> 00:24:44.930
This town is devastated.

00:24:44.930 --> 00:24:46.640
Where are all the businesses?

00:24:46.640 --> 00:24:50.300
Where did all the people go?

00:24:50.300 --> 00:24:55.051
My wife used to come down here,
shop on the weekends with mom

00:24:55.051 --> 00:24:55.550
and dad.

00:24:55.550 --> 00:24:57.230
And they'd go to the--

00:24:57.230 --> 00:25:00.400
in fact, it was
Grant's, I think it was.

00:25:00.400 --> 00:25:02.710
And then, it was
another Bluestein's.

00:25:02.710 --> 00:25:04.280
And they would
eat and get a soda

00:25:04.280 --> 00:25:06.410
and get an ice cream cone--

00:25:06.410 --> 00:25:09.497
the things kids did back then.

00:25:09.497 --> 00:25:10.958
[MUSIC PLAYING]

00:25:10.958 --> 00:25:23.160


00:25:23.160 --> 00:25:25.310
I've always remembered
the refineries.

00:25:25.310 --> 00:25:29.120
As a child, we used to play
and throw rocks in the ditch

00:25:29.120 --> 00:25:32.290
across the street.

00:25:32.290 --> 00:25:33.800
Yeah.

00:25:33.800 --> 00:25:38.440
My grandmother, she stays
two blocks down from me.

00:25:38.440 --> 00:25:41.035
She has emphysema.

00:25:41.035 --> 00:25:44.110


00:25:44.110 --> 00:25:51.400
I don't know if it's due to her
living in this area or the job

00:25:51.400 --> 00:25:53.697
she had when she was young.

00:25:53.697 --> 00:25:57.040


00:25:57.040 --> 00:26:01.540
My cousin actually
works in the refinery.

00:26:01.540 --> 00:26:05.290
It worries me, because my
children are breathing it.

00:26:05.290 --> 00:26:07.690
Even when we're
sleeping, the air

00:26:07.690 --> 00:26:11.240
is coming through the
windows and stuff like that.

00:26:11.240 --> 00:26:14.500
But, I can't afford
to do better.

00:26:14.500 --> 00:26:21.110
So we have to make with what
we have and be thankful.

00:26:21.110 --> 00:26:25.220
Do you think it affects
the kids in any way?

00:26:25.220 --> 00:26:26.460
Yeah.

00:26:26.460 --> 00:26:31.740
We always have a sinus
thing going on with our nose

00:26:31.740 --> 00:26:34.659
or a little cough.

00:26:34.659 --> 00:26:37.200
But most of the time, they do
good, because we take vitamins.

00:26:37.200 --> 00:26:55.870


00:26:55.870 --> 00:26:59.950
What the Supreme Court of Texas
did in the Schneider v. Bates

00:26:59.950 --> 00:27:05.320
opinion has literally
thrown out most of the law

00:27:05.320 --> 00:27:09.880
that we have utilized
over the last 140 years

00:27:09.880 --> 00:27:11.695
to prosecute these
kind of cases.

00:27:11.695 --> 00:27:15.070


00:27:15.070 --> 00:27:18.550
They have held, as
a matter of law,

00:27:18.550 --> 00:27:23.440
that if an adult individual
lives in a neighborhood

00:27:23.440 --> 00:27:29.080
more than two years before
he brings his case, that he

00:27:29.080 --> 00:27:32.710
is barred by the
statute of limitations,

00:27:32.710 --> 00:27:37.640
from ever bringing a claim
against these refineries.

00:27:37.640 --> 00:27:41.210
Tom would like to
just say a few words.

00:27:41.210 --> 00:27:49.040
Well, I'm glad Don let me
speak last for the people that

00:27:49.040 --> 00:27:52.765
were willing to stay.

00:27:52.765 --> 00:27:53.755
[APPLAUSE]

00:27:53.755 --> 00:27:59.210


00:27:59.210 --> 00:28:07.550
This is the group that will
clean West Port Arthur up.

00:28:07.550 --> 00:28:10.340
You got to give a darn.

00:28:10.340 --> 00:28:19.830
This opinion will not
stop this community

00:28:19.830 --> 00:28:23.610
from getting
environmental justice

00:28:23.610 --> 00:28:26.599
if the community wants it.

00:28:26.599 --> 00:28:28.096
[APPLAUSE]

00:28:28.096 --> 00:28:31.590


00:28:31.590 --> 00:28:34.180
Isn't there a book that says,
the little children will

00:28:34.180 --> 00:28:35.259
led them?

00:28:35.259 --> 00:28:35.800
That's right.

00:28:35.800 --> 00:28:38.010
Amen.

00:28:38.010 --> 00:28:42.830
And the young adults
and the children--

00:28:42.830 --> 00:28:46.900
they will provide the
ammunition, if you will,

00:28:46.900 --> 00:28:50.310
that Don and I need to
take these people down.

00:28:50.310 --> 00:28:51.080
All right.

00:28:51.080 --> 00:28:52.058
[APPLAUSE]

00:28:52.058 --> 00:28:55.970


00:28:55.970 --> 00:28:58.904
This is the Roosevelt
Subdivision.

00:28:58.904 --> 00:29:01.930
And then, there should be
a Roosevelt [INAUDIBLE]..

00:29:01.930 --> 00:29:03.372
There is.

00:29:03.372 --> 00:29:05.860
So is that your strongest case--

00:29:05.860 --> 00:29:08.500
for the kids, at the moment?

00:29:08.500 --> 00:29:10.450
Yes.

00:29:10.450 --> 00:29:11.860
Without a doubt.

00:29:11.860 --> 00:29:14.500
Because the statute
of limitations

00:29:14.500 --> 00:29:17.770
never runs on a
children until two

00:29:17.770 --> 00:29:20.480
years after his 18th birthday.

00:29:20.480 --> 00:29:22.090
So, it's irrelevant.

00:29:22.090 --> 00:29:25.810
The Schneider opinion is
irrelevant to these 2,300--

00:29:25.810 --> 00:29:27.030
how many are there?

00:29:27.030 --> 00:29:29.680
2,376.

00:29:29.680 --> 00:29:35.830
We have 2,376 children to which
the opinion does not apply.

00:29:35.830 --> 00:29:38.470
What's the case for the
kids, at the moment?

00:29:38.470 --> 00:29:44.860
Well, diminished lung
capacity, nuisance, trespass,

00:29:44.860 --> 00:29:48.250
loss of use and enjoyment
of their property at home.

00:29:48.250 --> 00:29:50.410
The same as it would
have been for the adults.

00:29:50.410 --> 00:30:08.670


00:30:08.670 --> 00:30:11.730
There have been some
legal battles won.

00:30:11.730 --> 00:30:14.090
But most of the
time, the residents

00:30:14.090 --> 00:30:17.370
will walk away with maybe
$400 or $500, apiece.

00:30:17.370 --> 00:30:19.930
And the attorneys get the
bulk of the money, as usual.

00:30:19.930 --> 00:30:23.730


00:30:23.730 --> 00:30:26.440
What we're waging is a
different type of lawsuit.

00:30:26.440 --> 00:30:31.960
This lawsuit is trying to
achieve getting clean air, once

00:30:31.960 --> 00:30:33.550
and for all, for the community.

00:30:33.550 --> 00:30:36.610
And if anybody wants to
challenge what I'm saying,

00:30:36.610 --> 00:30:39.760
they have my best
wishes and hopes

00:30:39.760 --> 00:30:41.710
that they would come
out to Port Arthur

00:30:41.710 --> 00:30:43.870
and dig through the
archives and look

00:30:43.870 --> 00:30:46.930
at the upset records of
many of these facilities

00:30:46.930 --> 00:30:50.200
and look at the high levels
of emissions for themselves

00:30:50.200 --> 00:30:52.960
on how much they're
dumping on us per year.

00:30:52.960 --> 00:30:55.520
And then, answer the
question for yourself.

00:30:55.520 --> 00:30:57.520
Would you want to live
in a community like this?

00:30:57.520 --> 00:30:59.440
And if you did,
wouldn't you stand up

00:30:59.440 --> 00:31:01.430
and fight for your right
to breathe clean air?

00:31:01.430 --> 00:31:03.970
It's everybody's
God-given right to breathe

00:31:03.970 --> 00:31:07.808
free, uncontaminated, clean air.

00:31:07.808 --> 00:31:09.290
[MUSIC PLAYING]

00:31:09.290 --> 00:31:17.690


00:31:17.690 --> 00:31:21.550
There are, essentially, three
kinds of emissions coming off

00:31:21.550 --> 00:31:24.110
of these refineries.

00:31:24.110 --> 00:31:27.400
There are permitted emissions.

00:31:27.400 --> 00:31:31.270
That is, those that are
allowed under a permit, which

00:31:31.270 --> 00:31:34.210
is sought and granted.

00:31:34.210 --> 00:31:38.380
There are fugitive emissions.

00:31:38.380 --> 00:31:44.450
That is, that coming
out of a bad seal.

00:31:44.450 --> 00:31:46.990
No one knows how much
of that there is.

00:31:46.990 --> 00:31:52.030
And then, there
are upset events.

00:31:52.030 --> 00:31:54.550
And there's no rule--

00:31:54.550 --> 00:32:02.050
or law-- about what is
too many upset emissions.

00:32:02.050 --> 00:32:09.490
So, not only do they have
a quantified legal amount,

00:32:09.490 --> 00:32:14.330
in practical effect, they
have a limitless legal amount.

00:32:14.330 --> 00:32:20.520


00:32:20.520 --> 00:32:22.260
The refineries will
tell you that they're

00:32:22.260 --> 00:32:26.280
doing all that they possibly
can to reduce their emissions.

00:32:26.280 --> 00:32:28.500
But, in reality,
they're only doing

00:32:28.500 --> 00:32:31.490
what the regulatory process
requires them to do in order

00:32:31.490 --> 00:32:33.150
to get their permits.

00:32:33.150 --> 00:32:35.280
So when they tell
you, don't worry,

00:32:35.280 --> 00:32:38.520
we're doing everything we
can, they are, in fact, not.

00:32:38.520 --> 00:32:41.100
They're not doing it on
behalf of the community.

00:32:41.100 --> 00:32:43.583
They're doing it on
behalf of the corporation.

00:32:43.583 --> 00:32:52.950


00:32:52.950 --> 00:32:57.610
One of the criticisms I've heard
is the petrochemical industry

00:32:57.610 --> 00:33:02.190
in Port Arthur have been
reluctant to spend money

00:33:02.190 --> 00:33:05.700
on the best pollution control
technology-- that they've

00:33:05.700 --> 00:33:08.302
been dragging their heels.

00:33:08.302 --> 00:33:09.010
I don't think so.

00:33:09.010 --> 00:33:11.130
Or if that was the
case, I don't believe

00:33:11.130 --> 00:33:14.709
we would have come off of
our non-attainment status.

00:33:14.709 --> 00:33:17.250
And I don't think we would have
seen the amount of reductions

00:33:17.250 --> 00:33:20.710
that we've had over the
last 10 to 15 years.

00:33:20.710 --> 00:33:22.800
I think you've seen a
tremendous investment

00:33:22.800 --> 00:33:26.640
by industry in those processes
and in those technologies

00:33:26.640 --> 00:33:28.410
to be able to do that.

00:33:28.410 --> 00:33:31.160
I think they've been very
responsive, as an industry.

00:33:31.160 --> 00:33:32.820
The benzene emissions
in Port Arthur

00:33:32.820 --> 00:33:37.020
increased from
197,000 pounds in 2005

00:33:37.020 --> 00:33:44.340
to 267,000 pounds in 2006,
which is a 36% increase.

00:33:44.340 --> 00:33:47.880
Now, benzene is a
known carcinogen.

00:33:47.880 --> 00:33:52.200
Is this a concern to you, as
a spokesman of this industry?

00:33:52.200 --> 00:33:54.350
Absolutely, it is.

00:33:54.350 --> 00:33:58.650
And we take it very seriously.

00:33:58.650 --> 00:34:02.460
People need to understand
that I live and work

00:34:02.460 --> 00:34:04.130
in this neighborhood, too.

00:34:04.130 --> 00:34:06.180
I work in these
facilities every day.

00:34:06.180 --> 00:34:09.750
I don't want to be exposed
to a known carcinogen.

00:34:09.750 --> 00:34:13.830
So, we take those
responsibilities very seriously

00:34:13.830 --> 00:34:20.219
to contain those
chemicals and to make sure

00:34:20.219 --> 00:34:24.550
that any release is mitigated
as soon as possible.

00:34:24.550 --> 00:34:27.270
We went down to Carver Terrace,
which might be out of your

00:34:27.270 --> 00:34:27.960
[INAUDIBLE].

00:34:27.960 --> 00:34:32.699
People there really
complain about breathing

00:34:32.699 --> 00:34:36.573
what they believe is bad air.

00:34:36.573 --> 00:34:41.159
And tests have shown that there
are elevated levels of benzene,

00:34:41.159 --> 00:34:46.375
sulfur dioxide, hydrogen
sulfide, and butadiene.

00:34:46.375 --> 00:34:48.000
Do you think that
there is a connection

00:34:48.000 --> 00:34:51.480
between the high rates
of respiratory disease--

00:34:51.480 --> 00:34:53.670
childhood asthma
and toxic chemicals

00:34:53.670 --> 00:34:56.730
which are released into the air?

00:34:56.730 --> 00:34:58.440
You're right on
your first statement

00:34:58.440 --> 00:35:01.270
that Carver Terrace is a
long way away from here

00:35:01.270 --> 00:35:07.530
and that they're fence line
with Valero and Motiva.

00:35:07.530 --> 00:35:10.180
And I'd have to let them
answer questions about that.

00:35:10.180 --> 00:35:14.740
But to the bigger question that
you ask, I really don't know.

00:35:14.740 --> 00:35:16.300
I'm not a physician.

00:35:16.300 --> 00:35:19.360


00:35:19.360 --> 00:35:21.120
I don't know what the
direct effects are.

00:35:21.120 --> 00:35:23.799
And so, I'd have to let you ask
somebody else that question.

00:35:23.799 --> 00:35:24.840
I just really don't know.

00:35:24.840 --> 00:35:33.310


00:35:33.310 --> 00:35:35.740
We would not discount
anybody's concerns

00:35:35.740 --> 00:35:39.140
about living by the refineries.

00:35:39.140 --> 00:35:42.760
But, by all means,
they should talk to us.

00:35:42.760 --> 00:35:47.270
We do have outreach programs to
help alleviate their concerns.

00:35:47.270 --> 00:35:48.590
We will contact them.

00:35:48.590 --> 00:35:51.430
We talk to people through
our community advisory board

00:35:51.430 --> 00:35:53.120
and our community
advisory panels.

00:35:53.120 --> 00:35:57.940
And we do what we can to
alleviate people's concerns.

00:35:57.940 --> 00:36:00.060
Because we know they're
going to have concerns.

00:36:00.060 --> 00:36:02.590
But how can you truly
alleviate someone's concern

00:36:02.590 --> 00:36:05.410
if you haven't got the
facts that it definitely

00:36:05.410 --> 00:36:06.670
doesn't cause them any damage?

00:36:06.670 --> 00:36:09.770


00:36:09.770 --> 00:36:10.270
Yeah.

00:36:10.270 --> 00:36:13.780
Are you asking us to
prove a negative that this

00:36:13.780 --> 00:36:14.890
won't do you any harm?

00:36:14.890 --> 00:36:17.140
Everything that we have--
every piece of evidence

00:36:17.140 --> 00:36:20.680
shows that the air quality
around the refinery

00:36:20.680 --> 00:36:22.840
is good and does not
cause people harm.

00:36:22.840 --> 00:36:24.670
Nothing in the air
would cause anybody

00:36:24.670 --> 00:36:27.610
any long-term lasting
health effects.

00:36:27.610 --> 00:36:31.287
And except on very,
very rare occasions,

00:36:31.287 --> 00:36:33.370
doesn't cause them any
short-term health problems,

00:36:33.370 --> 00:36:34.680
either.

00:36:34.680 --> 00:36:37.650
[MUSIC PLAYING]

00:36:37.650 --> 00:37:20.260


00:37:20.260 --> 00:37:22.830
Everything went our way.

00:37:22.830 --> 00:37:27.130
The judge approved
the settlements,

00:37:27.130 --> 00:37:35.890
which is a large number for the
liability of those defendants

00:37:35.890 --> 00:37:39.040
that we were talking with.

00:37:39.040 --> 00:37:46.930
And we have set a hearing
for the 29th of March,

00:37:46.930 --> 00:37:49.840
which I think is going
to be the turning

00:37:49.840 --> 00:37:52.270
point in the litigation.

00:37:52.270 --> 00:37:55.090
And I had an opportunity,
today, to say

00:37:55.090 --> 00:37:58.540
what I needed to say
to the judge about all

00:37:58.540 --> 00:38:00.370
of those issues.

00:38:00.370 --> 00:38:02.830
And I did it in such a way
that the defendants didn't

00:38:02.830 --> 00:38:04.990
have a chance to respond.

00:38:04.990 --> 00:38:09.400
So, I'm very pleased with
the way that worked out.

00:38:09.400 --> 00:38:12.790
Where is the litigation
standing, as a result

00:38:12.790 --> 00:38:15.130
of this hearing, today?

00:38:15.130 --> 00:38:18.370
It's well-financed.

00:38:18.370 --> 00:38:19.840
It's vibrant.

00:38:19.840 --> 00:38:22.845
Ultimately, the result here
that it's going to be--

00:38:22.845 --> 00:38:24.220
that these children
are all going

00:38:24.220 --> 00:38:28.052
to be paid fair amounts of
money and that these refineries

00:38:28.052 --> 00:38:30.010
are going to be forced
to operate in such a way

00:38:30.010 --> 00:38:34.150
that they no longer emit
these substances causing

00:38:34.150 --> 00:38:37.626
the foul odor out in
these communities.

00:38:37.626 --> 00:38:39.598
[MUSIC PLAYING]

00:38:39.598 --> 00:38:53.402


00:38:53.402 --> 00:38:55.374
Change has come to America.

00:38:55.374 --> 00:38:56.853
[CROWD CHEERING]

00:38:56.853 --> 00:38:59.180


00:38:59.180 --> 00:39:03.150
Only Little W--
only George Bush--

00:39:03.150 --> 00:39:08.520
could have done, in eight years,
what civil rights couldn't

00:39:08.520 --> 00:39:10.530
do in 100 years.

00:39:10.530 --> 00:39:15.297
And that is help a black
man become president.

00:39:15.297 --> 00:39:16.380
What do you think of that?

00:39:16.380 --> 00:39:22.690


00:39:22.690 --> 00:39:24.640
My wife-- she heard me
jumping and hollering.

00:39:24.640 --> 00:39:27.170
She jumped up and said,
what's wrong with you?

00:39:27.170 --> 00:39:29.200
And I said, well, Obama won.

00:39:29.200 --> 00:39:30.780
And we had a great time.

00:39:30.780 --> 00:39:33.700
We just prayed and
thank god that he did.

00:39:33.700 --> 00:39:37.100
And so, I'll cry.

00:39:37.100 --> 00:39:44.510
Because I thought about all
the tough times that I had.

00:39:44.510 --> 00:39:47.420
But it was worth it.

00:39:47.420 --> 00:39:51.010
Only in America,
the change can come.

00:39:51.010 --> 00:39:54.620
And that's why, I know,
like this over here.

00:39:54.620 --> 00:39:56.790
I might not see
it, but change is

00:39:56.790 --> 00:39:58.590
going to come where
people are going

00:39:58.590 --> 00:40:02.940
to be held accountable for
what they do to other people.

00:40:02.940 --> 00:40:07.260
And it takes awhile sometimes,
but right's going to

00:40:07.260 --> 00:40:08.610
over wrong.

00:40:08.610 --> 00:40:10.108
I know that.

00:40:10.108 --> 00:40:11.106
[DOG BARKING]

00:40:11.106 --> 00:40:12.603


00:40:12.603 --> 00:40:14.100
[MUSIC PLAYING]

00:40:14.100 --> 00:40:42.543


00:40:42.543 --> 00:40:46.036
[INAUDIBLE] it's still
the same number in it.

00:40:46.036 --> 00:41:22.463


00:41:22.463 --> 00:41:24.459
[MUSIC PLAYING]

00:41:24.459 --> 00:42:22.340


00:42:22.340 --> 00:42:25.910
My dream is to move a
refinery to Bethesda.

00:42:25.910 --> 00:42:28.220
In the Washington D.C.
area is the suburb

00:42:28.220 --> 00:42:30.890
where a lot of the
lobbyists and lawyers live.

00:42:30.890 --> 00:42:33.350
Because I think the
regulations we'd have in the US

00:42:33.350 --> 00:42:37.700
would get so much stricter
after a few days of exposure

00:42:37.700 --> 00:42:40.812
to these upsets,
which cause no harm.

00:42:40.812 --> 00:42:42.270
People just wouldn't
tolerate them.

00:42:42.270 --> 00:42:49.470


00:42:49.470 --> 00:42:56.280
The upset can release more
emissions in a few days

00:42:56.280 --> 00:43:01.030
then would come out of normal
operations for an entire year.

00:43:01.030 --> 00:43:04.050
So you can't look at
refinery emissions,

00:43:04.050 --> 00:43:07.230
and you can't look at risk
without looking at those upsets

00:43:07.230 --> 00:43:09.866
and asking, what happened?

00:43:09.866 --> 00:43:11.490
How much came out
into the environment?

00:43:11.490 --> 00:43:14.490
And what was the impact
on the community?

00:43:14.490 --> 00:43:19.950
When challenged, the
industry's defense is, uh-oh,

00:43:19.950 --> 00:43:21.960
it's an upset.

00:43:21.960 --> 00:43:25.990
Refineries leak a lot more
pollution than we thought.

00:43:25.990 --> 00:43:29.170
And the primitive
calculations that we

00:43:29.170 --> 00:43:32.910
do to try to guess what
those emissions are

00:43:32.910 --> 00:43:38.930
way under state what is actually
coming out of these refineries.

00:43:38.930 --> 00:43:44.950
If you look at the toxics
data that's reported to EPA,

00:43:44.950 --> 00:43:48.350
the mass of toxic emissions
from the industry, as a whole,

00:43:48.350 --> 00:43:49.970
has been declining.

00:43:49.970 --> 00:43:53.870
The emissions of
cancer-causing chemicals

00:43:53.870 --> 00:43:56.270
have actually increased
in some years.

00:43:56.270 --> 00:43:59.240
And overall, we're seeing
more of a flatline.

00:43:59.240 --> 00:44:01.850
And we really have
no idea what it

00:44:01.850 --> 00:44:07.010
means to be exposed to
this cocktail of chemicals

00:44:07.010 --> 00:44:10.194
that you live with
and breathe in, if you

00:44:10.194 --> 00:44:11.360
are in a refinery community.

00:44:11.360 --> 00:44:14.420
Now the industry will
say, we don't know.

00:44:14.420 --> 00:44:16.430
And that means
everything's fine.

00:44:16.430 --> 00:44:17.480
Right?

00:44:17.480 --> 00:44:21.650
I think, it's more honest
to say, we don't know.

00:44:21.650 --> 00:44:24.380
And my instinct is, if I
think about my children--

00:44:24.380 --> 00:44:25.820
and I have three.

00:44:25.820 --> 00:44:29.570
And I've got waves of
chemicals coming at them.

00:44:29.570 --> 00:44:34.260
I don't know how it's
going to affect them,

00:44:34.260 --> 00:44:38.070
but if it's all the same
to you, until we find out,

00:44:38.070 --> 00:44:40.255
I'd rather not
have them exposed.

00:44:40.255 --> 00:44:48.274


00:44:48.274 --> 00:44:49.711
Mama, how do you spell Earth?

00:44:49.711 --> 00:44:54.575
E-A-R-T-H. Where's
your dictionary?

00:44:54.575 --> 00:44:56.950
I got it.

00:44:56.950 --> 00:44:57.900
[MUSIC PLAYING]

00:44:57.900 --> 00:44:59.325


00:44:59.325 --> 00:45:05.210
F- A- S- T.

00:45:05.210 --> 00:45:07.750
Spells what?

00:45:07.750 --> 00:45:09.334
Not slow, but--

00:45:09.334 --> 00:45:10.170
Fast.

00:45:10.170 --> 00:45:11.090
Say it again.

00:45:11.090 --> 00:45:16.920


00:45:16.920 --> 00:45:21.362
The map shows that the state
of Virginia is what, Julio?

00:45:21.362 --> 00:45:22.570
Please don't put it on there.

00:45:22.570 --> 00:45:28.050


00:45:28.050 --> 00:45:31.416
I didn't hear anybody
say blessings.

00:45:31.416 --> 00:45:32.742
God is great.

00:45:32.742 --> 00:45:33.630
God is good.

00:45:33.630 --> 00:45:36.880
Let us thank him for our food.

00:45:36.880 --> 00:45:37.967
Julio.

00:45:37.967 --> 00:45:39.955
I said, Amen.

00:45:39.955 --> 00:45:41.446
[MUSIC PLAYING]

00:45:41.446 --> 00:46:02.817


00:46:02.817 --> 00:46:04.805
Good night.

00:46:04.805 --> 00:46:06.296
[THUNDERSTORM SOUNDS]

00:46:06.296 --> 00:46:23.691


00:46:23.691 --> 00:46:27.426
[MUSIC PLAYING]

00:46:27.426 --> 00:47:47.968

Citation

Main credits

Nelson, Zed (film director)
Nelson, Zed (director of photography)
Patterson, Hannah (film producer)

Other credits

Film editor, John Mister.

Distributor credits

Producer: Hannah Patterson

Director: Zed Nelson

Filmed and Directed by ZED NELSON
Producer -HANNAH PATTERSON
Film Editor- JOHN MISTER
Executive Producers- SARAH TIERNEY, STEVE BOULTON, KATIE BRADFORD
Assistant Producer- CARINA WILSON
Production Assistants- MARTIN McGALE, CAROL COOKE
Additional Camera- ADAM JEPPESEN JAY OLIVIER
Sound -CLARE EDMANS
Online Editor- SUE GIOVANNI
Dubbing Mixer- JEZ FODEN
Titles- MARC KNAPTON