Green Environmental
Coalition Files SEC Complaint against CEMEX (CX) - cites potential fine of $73
million kept secret.
(Yellow Springs, Ohio August
13, 2001)
Green Environmental
Coalition today filed a complaint with the SEC charging that Mexico's CEMEX
(CX) company misled its shareholders when it acquired US cement maker,
Southdown Inc. CEMEX is the world's
third largest cement manufacturer.
Southdown was the 4th largest US cement manufacturer.
The Green Environmental
Coalition (Coalition) is a non-profit environmental organization based in
Yellow Springs, Ohio. The Coalition
monitors air and water emissions from various industrial facilities in Ohio.
Prior to acquisition,
Southdown operated an industrial facility in Fairborn, Ohio that is closely
monitored by the Coalition. The Coalition discovered a 500-acre site owned by
the company that contained a 175-acre industrial landfill that was discharging
hazardous leachate from a waste product known as Cement Kiln Dust (CKD)
directly into a stream. The site is
known as Landfill 1.
In 1993 the Coalition filed
suit in Federal Court charging that Southdown discharged pollution into the
waters of the state without a permit.
The case lingered in the court without resolution as a result of numerous
stays granted to the Company. In
September 1997, the Company transferred title to the 500-acre property to two
recently formed corporations for approximately $50 per acre.
In the Company's September
30, 1997 10Q the company states, "The company sold the property that is
the subject of these lawsuits to independent third parties. The property was
sold "as is where is" and the company assumed no obligations to
remediate the property."
Recently, the Company asked
the Judge to release them from liability under the Clean Water Act. On August 9th, just 4 days before
the trial is to begin, the Judge ruled that the company may be liable for
penalties under the Clean Water Act and refused to release Southdown (now
CEMEX) from the case.
The Coalition claims that because
of the grievous nature of the contamination and the Coalition's belief that the
Company has attempted to circumvent Federal Law by transferring title of the
contaminated land, the Coalition has asked the Court to impose the maximum
penalty of $25,000 per day for every day the pollution occurs from the date of
filing in 1993. This number now exceeds
73 million dollars.
The Coalition claims that
Southdown failed to properly report the potential liability from Landfill 1
when CEMEX tendered its offer. Further,
the Coalition claims that CEMEX failed to conduct proper due diligence. The result is that the Coalition believes
that CEMEX has misled its shareholders and transferred Southdown's potential
liability to the shareholders.
Detailed information regarding
the extent of the contamination and details about the complaint and litigation
can be found at http://www.LANDFILL1.com
CONTACT: Green Environmental Coalition Bruce Cornett, Director (937) 767 2109 info@LANDFILL1.com
www.LANDFILL1.com TICKERS: NYSE:CX KEYWORD: CEMEX, Financial, Pollution, SEC, environmental, Clean Water Act, environment
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