Prosecution lawyer’s guidelines and questionsThere is a feature breaking down the 'pump and treat' process) A recent report by The Guardian and CIR raises the point that the pump

Group 1

Prosecution lawyer’s guidelines and questions

Goal: to prove that the average people living in the U.S. (4 witnesses) bear some of the responsibility for

the toxic waste problem in the U.S.

Order of witnesses and evidence

1) Two neighbors from the Love Canal disaster

Evidence: J. The Love Canal Disaster: Toxic Waste in the Neighborhood from the NY Times

http://bit.ly/1fKNvfT

2) Two “average” U.S. teenagers

Evidence: make them show you their phones and something that they created on the computer

Basic questions:

Two neighbors from the Love Canal disaster

Please state your names, occupations and where you live.

Please tell us briefly how your life has been affected by toxic waste.

Do you have any evidence you would like to share? (They should say yes and the Judge should

cue the 11 minute documentary of the Love Canal disaster)

Did anyone ever force you to live in Love Canal?

No further questions, Your Honor.

Two “average” U.S. teenagers


Do you have a cell phone? Can you please show it to the jury? (They should show their evidence

to the class)

Do you use a computer? When is the last time you used it? Do you have any evidence of this?

(They should show their evidence to the class)

Are you aware that in the production of the phone you are holding and the computer you

recently used toxic byproducts were created?

Are you aware that some of these toxic materials have been know to injure, cause reproductive

complications and have even caused death?

Did anyone force you to use a phone or computer?

So you are saying that you have chosen to purchase this product by your own free will?


http://www.youtube.com/watch?v=Kjobz14i8kM

Group 1

Defense lawyer’s guidelines and questions

Goal: to prove the average people living in the U.S. (4 witnesses) bear little or no responsibility for the

toxic waste problem in the U.S.


1) Two neighbors from the Love Canal disaster

Evidence: J. The Love Canal Disaster: Toxic Waste in the Neighborhood from the NY Times

http://bit.ly/1fKNvfT

2) Two “average” U.S. teenagers

Evidence: make them show you their phones and something that they created on the computer

Basic questions:

Two neighbors from the Love Canal disaster

You have already briefly told how your life has been affected by toxic waste in your testimony

and evidence, but we would like to ask you a few more questions:

When you purchased your home did you have any idea what was lurking beneath the soil?

Can you please tell us about some of the illnesses that the toxic waste caused for you and your

family?

If you had known about the toxic chemicals would you have ever have chosen to move to Love

Canal?

Have you done anything to help solve the problem of toxic waste? If yes, please tell the jury

what you have done.

Two “average” U.S. teenagers

We have already seen the evidence and know that you have a phone and use computers, but I

would like to ask you a very important question, were you aware – before you were just told by

the prosecution – that in the production of the phone you are holding and the computer you

recently used toxic byproducts were created?

As a teenager in this day and age, is it possible to live your life without the use of phones and

computers?

Have you ever had a teacher request that you use a computer to complete an assignment?

Do you consider that your phone not only helps you communicate with friends, but could also

help save your life or the life of a friend or family member if there was an emergency?

Do you think that anyone would hire you if you refused to use a computer?


http://www.youtube.com/watch?v=Kjobz14i8kM

Group 2


Goal: To prove the Environmental Protection Agency (EPA) (4 witnesses) bears some of the responsibility

for the toxic waste problem in the U.S.


1) Superfund expert

Evidence: B. There's a map showing all the Superfund sites in the country. You can search for

them using zip code and type.

E. There is a historic chart showing how many Superfund sites are added within the U.S. every

year

2) ‘Pump and treat’ expert

Evidence: C. There is a feature breaking down the 'pump and treat' process

3) Chemical specialist #1 (Dioxin and TCE)

Evidence: D. There is an interactive or set of graphics showing how the chemicals that seep into the ground make it into peoples' food

4) Chemical specialist #2 (Carbon)

Evidence: F. There is an interactive showing how large a 'pound of carbons' is

K. EPA video on the carbon cycle http://youtu.be/vrDekmRbBVk

Basic questions

EPA Superfund expert

Please state your name and occupation.

Please tell us briefly your role in the Superfund program.

Please explain to the jury what a Superfund is.

Do you have any evidence you would like to share? (They should say yes and share evidence B

and E with the class.)

B. A map showing all the Superfund sites in the country. You can search for them using zip code

and type.

E. There is a historic chart showing how many Superfund sites are added within the U.S. every

year

A recent article by The Center for Investigative Reporting and The Guardian asserted, “The EPA

pays close attention to the more than 1,300 toxic sites that constitute its landmark Superfund

program. But the toxic trail highlights a key gap: after the waste-hauling trucks rumble out of

town, the EPA considers the job to be finished.” Is it true that after the waste leaves the

Superfund site that you no longer are involved?

Do you believe that there could be improvements made to the Superfund program?


EPA ‘Pump and treat’ expert


Please tell us briefly your role in the Superfund program.

Please explain to the jury what the pump and treat system looks like? (They should say yes and

show C. There is a feature breaking down the 'pump and treat' process)

A recent report by The Guardian and CIR raises the point that the pump and treat system isn’t

an effective method to clean up Superfund sites. How do you respond to their findings?

Do you feel that you are doing everything in your power to find the best way to clean up the

Superfund sites?


Chemical specialist #1 (Dioxin and TCE)


Please tell us briefly your role at the EPA – what do you do there?

Please inform the court briefly what dioxins and TCEs are, where they can be found and what

the possible health risk is to those who come in contact with them.

Can you please share with the jury how toxic chemicals can get into the food supply? Share

evidence D. There is an interactive or set of graphics showing how the chemicals that seep into

the ground make it into peoples' food

Is there currently any know way to destroy dioxins or TCEs?


Chemical specialist #2 (Carbon)


Please tell us briefly your role at the EPA – what do you do there?

Please inform the court briefly of the carbon cycle and how it effects the environment. (Witness

should share the Carbon Cycle video from the Ted Ed with the class. K. Ted Ed Carbon Cycle

video http://www.youtube.com/watch?v=A4cPmHGegKI

To your knowledge, does the carbon dioxide produced from treating the toxic waste have a

negative effect on the environment? Please explain your answer

In your expert opinion, what will happen to the world if we continue to create carbon dioxide

emissions at the current rate?


http://www.youtube.com/watch?v=A4cPmHGegKI

Group 2


To prove the Environmental Protection Agency (EPA) (4 witnesses) bear little or no responsibility for the

toxic waste problem in the U.S.


1) Superfund expert

Evidence: B. There's a map showing all the Superfund sites in the country. You can search for

them using zip code and type.

E. There is a historic chart showing how many superfund sites are added within the US every

year

2) ‘Pump and treat’ expert

Evidence: C. There is a feature breaking down the 'pump and treat' process

3) Chemical specialist #1 (Dioxin and TCE)

Evidence: D. There is an interactive or set of graphics showing how the chemicals that seep into the ground make it into peoples' food

4) Chemical specialist #2 (Carbon)

Evidence: F. There is an interactive showing how large a 'pound of carbons' is

K. EPA video on the carbon cycle http://youtu.be/vrDekmRbBVk

Basic questions:

EPA Superfund expert

Please state your name and occupation again for the jury.

In your expert opinion, do you believe the Superfund program is doing everything in its power to

tackle the nation’s biggest toxic waste sites?

Is it even possible to totally clean up a Superfund site with the technology we have today?

Do your scientists continue to search for better methods to improve upon the current clean up

technology?


EPA pump and treat expert

Please state your name and occupation again for the court.

Is it true that by today’s standards the pump and treat system is considered the method of

choice by the EPA and most other groups involved in treating toxic waste?

Do you feel that you are doing everything in your power to find the best way to clean up the

Superfund sites?


Chemical specialist #1 (Dioxin and TCE)


Earlier the prosecution asked you to share with the jury how toxic chemicals can get into the

food supply, is that correct?

So by that model of the system is the EPA in any way responsible for the toxic chemicals getting

to the dinner tables of the U.S.?

Are you currently using the best technology available to deal with toxic waste?

Do you feel that it is unfortunate that things like dioxins are a byproduct of the process?

In your expert opinion, does the benefit of cleaning up Superfund sites outweigh the risk of

creating dioxins?


Chemical specialist #2 (Carbon)

Please state your name and occupation for the court again.

In your expert opinion, does the risk of creating more carbon dioxide produced from treating

the toxic waste outweigh the benefit of restoring Superfund sites to inhabitable conditions?

Are there others who contribute far more to the carbon footprint problem than the EPA?

Are you doing everything you can to educate the population about the carbon cycle and how we

can reduce our carbon footprint?


Group 3


Goal: to prove Intel & Fairchild Semiconductor companies bear some of the responsibility for the

toxic was problem in the U.S.


Technology sector - those who caused the damage in the 60’s

5) Spokesperson from Intel & spokesperson from Fairchild Semiconductor

I. Preview of American Experience’s Silicon Valley http://www.pbs.org/wgbh/americanexperience/features/trailer/silicon-valley-preview/

Basic questions:

Spokesperson from Intel & spokesperson from Fairchild Semiconductor

Please state your names, occupations and where you live. Judge should cue the Preview

of American Experience’s Silicon Valley .

Please tell us briefly how your company has been affected by toxic waste.

Do you have any evidence you would like to share? (They should say yes and the judge

should play the preview of American Experience’s Silicon Valley)

Can you confirm that it is because of the actions of your companies that Silicon Valley is

one of the most toxic waste sites in the country? Did your companies cause Silicon

Valley to become a Superfund site?

I am going to read a statement made in the CIR/Guardian article that recently

investigated Superfunds and I would like you to respond if the statement is accurate or

not:

“Back when Intel and Fairchild were making the first mass-produced computer chips,

they used solvents such as trichloroethylene (TCE) and benzene to degrease the chips.

The cancer-causing chemicals leaked into the ground and polluted the soil and water

below.”

Thank you for you time. No more questions, Your Honor.

http://www.pbs.org/wgbh/americanexperience/features/trailer/silicon-valley-preview/



Group 3


Goal: to prove Intel & Fairchild Semiconductor companies bear little or no responsibility for the toxic was

problem in the U.S.


Technology sector - those who caused the damage in the 60’s


I. Preview of American Experience’s Silicon Valley http://www.pbs.org/wgbh/americanexperience/features/trailer/silicon-valley-preview/

Basic questions:


Thank you for being here today to represent Intel and Fairchild Semiconductor – two companies

that have helped revolutionize technology in the U.S. and around the world since the 1950s.

The prosecution has tried to paint you as villains who don’t care about the environment, but

isn’t true that you’ve been paying for the cleanup of Silicon Valley since it was designated a

Superfund site?

I know you can’t give us a specific number, but could you share with the court if the number is

above $100 million? A simple yes or no will do.

As experts in the technology hardware industry, was it necessary to have microchips to move

technology forward?

What are some ways that people benefit from your product?

Would you say that microchips have made the world a better and safer place?

Are you committed to cleaning up the Superfund site in Silicon Valley for as long as it takes?



Group 4


Goal: to prove the management from the Calgon carbon regeneration facility in Catlettsburg,

Ky., & management from the Michigan Disposal Waste Treatment Plant in Belleville, Mich., run

by the Environmental Quality Company bear some of the responsibility for the toxic was

problem in the U.S.


Waste disposal management

6) Manager from the Calgon carbon regeneration facility in Catlettsburg, Ky., & manager from the

Michigan Disposal Waste Treatment Plant in Belleville, Mich., run by the Environmental Quality

Company.

A. There's an interactive that shows how chemicals from one plant are moved to treatment facilities and waste facilities all over the country, showing how geographically distributed the problem is.

G. There is a chart showing who oversees what part of the cleanup (designating site, finding parties, hiring contractors, waste extraction, transporting waste, storage and disposal, cleanup

Basic questions

Manager from the Calgon carbon regeneration facility in Catlettsburg, Ky., & manager from the


Company.


Please tell us briefly how your job deals with toxic waste.

Do you have any evidence you would like to share? They should say yes and the judge

should cue the following pieces of evidence. Calgon will explain G and Belleville will

explain A.

G. There is a chart showing who oversees what part of the cleanup (designating site,

finding parties, hiring contractors, waste extraction, transporting waste, storage and

disposal, cleanup)

A. There's an interactive that shows how chemicals from one plant are moved to

treatment facilities and waste facilities all over the country, showing how geographically

distributed the problem is.

Can you both confirm that your job is to make toxic waste less toxic and to help reduce

the amount of toxic waste?

I would like to read a statement from the investigative report by CIR and the Guardian

and would like Calgon to respond if they know these facts to be true

“Last year, Calgon agreed to pay $1.6 million to settle charges that it sold hazardous

waste byproducts instead of disposing of them properly. The company did not admit to

wrongdoing.

On top of that, facility operators dumped 540,000 gallons of hazardous waste into the

Big Sandy River in 2011. In 2009 and 2010, Calgon polluted the river with oil, grease and

fecal coliform, state records show. On four separate occasions, the company exceeded

its pollution limits. In each case, state regulators found no direct harm to people or the

environment.”

Is this true?

Now I would like the Michigan Disposal Waste Treatment Plant to respond to

accusations made against their own waste disposal system from CIR and the Guardian.

“Calgon sends most of its waste 300 miles north to the Detroit suburb of Belleville. The

Michigan Disposal Waste Treatment Plant was on the EPA’s Watch List for suspected

chronic violators of environmental laws from October 2012 through last June. Then,

owners paid the federal agency nearly $400,000 to settle violations of its hazardous

waste permit. Inspectors found the facility disposed of hazardous waste without

properly treating it.

Such violations, while not desired, are a natural consequence of the waste treatment

industry, a spokesman for Michigan Disposal said.”

Is it true that your plant, and I quote, “disposed of hazardous waste without properly

treating it”?

This question is for both of you. Would it be accurate to say that, despite your best

intentions, you are making the problem of toxic waste worse?

Thank you. No further questions, Your Honor.

Group 4


Goal: to prove the Management from the Calgon carbon regeneration facility in Catlettsburg, Ky., &

management from the Michigan Disposal Waste Treatment Plant in Belleville, Mich., run by the

Environmental Quality Company bear little or no responsibility for the toxic was problem in the U.S.


Waste disposal management

6) Manager from the Calgon carbon regeneration facility in Catlettsburg, Ky., & manager from the


Company.

Basic questions:

Manager from the Calgon carbon regeneration facility in Catlettsburg, Ky., & manager from the


Company.

You have already briefly told us how your work deals directly with toxic waste in your testimony

to the prosecution, but we would like to ask you a few more questions.

Is it true that you are in the business of helping to save the environment from toxic waste?

Do you try to follow the guidelines of the EPA to treat and dispose of toxic chemicals?

Has there ever been a time where the toxic waste was so bad that you did not have the tools to

handle it?

Calgon, is it true that you are one of only four carbon regeneration plants in the country?

So you have decided to take on one of the biggest challenges in the country when it comes to

toxic waste?

I would like to read a statement from the article written by CIR and The Guardian from their

report on Superfund sites :

“The EPA pays close attention to the more than 1,300 toxic sites that constitute its landmark

Superfund program. But the toxic trail highlights a key gap: After the waste-hauling trucks

rumble out of town, the EPA considers the job to be finished.”

So in your opinion would you characterize your work as a task that even the EPA doesn’t dare to

attempt?

Thank you. No further questions, Your Honor.

Documents

Prosecution lawyer’s guidelines and questionsThere is a feature breaking down the 'pump and treat' process) A recent report by The Guardian and CIR raises the point that the pump