inarrive

Another honor for legendary judge

2012-03-15T06:10:00.000-07:00

George Leighton started a case at age 86. Eleven years later, at age 97, he still comes in to his law office every day, and he's ready to handle what he hopes will be the final argument to dismiss the case Jan. 21.

"I hope," he adds with a laugh. "It's been a great 97 years. And I owe it all to the people of Chicago. They gave me a chance."

The retired federal judge "rose from abject poverty to the greatest heights of the legal profession. He is a legal trailblazer of unbelievable accomplishment," said Jerold Solovy, chairman of the Jenner & Block law firm. Solovy endowed a scholarship in Leighton's name at Harvard Law School. On Leighton's office wall hangs a letter from …

THE ROAD AHEAD

2012-03-15T03:44:00.000-07:00

STATE

Experts weigh in on Pennsylvania's, midstate's next decade

A leaner, more automated manufacturing sector. A greener construction industry. A health care industry dramatically reshaped by reform whose ultimate effect is far from clear.

Last week, the Business Journal reported on the evolution of Pennsylvania and midstate economic sectors over the past decade. This week, we asked experts to predict what changes the next 10 years would bring.

The state's gross domestic product will grow from 3.2 percent to 5.7 percent annually, reaching $871 billion by 2020, according to projections by Moody's Analytics. That growth is in nominal dollars, which are not …

Kemp, Martin homer to power Dodgers past Zambrano, Cubs 7-3

2012-03-15T01:23:00.000-07:00

Matt Kemp capped a five-run seventh inning with a three-run homer, Russell Martin also went deep and the Los Angeles Dodgers beat Carlos Zambrano and the Chicago Cubs 7-3 on Saturday.

Martin finished with three RBIs as the Dodgers sent Zambrano to his first loss in 11 starts. Derek Lowe (4-5) allowed three runs and six hits through seven innings, striking out four and walking two.

Lowe pitched no-hit ball through the first four innings in a rematch of his head-to-head duel with Zambrano on May 28 at Wrigley Field, when he tossed seven scoreless innings and Zambrano held the Dodgers to one run over eight. Neither got a decision in the Cubs' 2-1 victory.

…

Ramblers bounce Boilermakers: Loyola 80, purdue 65. Balanced attack nets first win over Big Ten team since '94

2012-03-14T23:00:00.000-07:00

By the end of the season, Loyola's 80-65 victory over Purdue mightnot be its biggest win.

But the Ramblers' first victory over a Big Ten team since 1994 fortheir best start (6-1) since 1979 is sure to be looked back on as asteppingstone.

"I don't know how long it's been since we've beaten a Big Tenteam," junior guard Blake Schilb said. "We tried to focus on gettingeveryone involved and showing our fans we were prepared."

The Gentile Center crowd of 4,125 saw all of that and more as fiveRamblers scored in double figures and five got at least four reboundsto match the bigger Boilermakers (3-4) on the boards 36-36. Loyolahad 14 assists to only nine …

Penny-Pinching Cubs Give Replacements the Bum's Rush

2012-03-14T20:39:00.000-07:00

These multimillionaire baseball owners are really a class act allthe way, aren't they?

Warms your heart, makes you proud to be an American, doesn't it,to know this bunch is in charge of safeguarding our once-upon-a-timenational pastime?

Here we have acting Commissioner (and Milwaukee Brewers owner)Bud Selig standing up at the microphones Sunday to announce the endof the baseball strike and with a straight face, so help me, tellingus that he "would like to take a moment, on behalf of Major LeagueBaseball, to thank all the replacement players who interrupted theirlives to help us out."

Very touching.

So touching that the Cubs - owned by Tribune …

Canada's Halbert stands tall on WC ski circuit

2012-03-14T18:19:00.000-07:00

LAKE LOUISE, Alberta (AP) — Kelby Halbert is almost too big to be a skier.

At 6 feet, 8 inches (2.032 m) and almost 240 pounds (108 kgs), Halbert is Canada's downhill skiing giant.

On the World Cup circuit, only 6-5 (1.95 m) Marc Gisin of Italy comes close to him in height.

"If you put me in a crowd of ski racers, I'm typically about a head above every one," Halbert said Thursday after his first training run for the Lake Louise Winterstart World Cup.

"There's a few advantages," Halbert said. "One of them is I'm quite a bit heavier and it's a gravity-based sport so I can build speed and carry it very well compared to some of the smaller guys on the …

It's mentor vs. pupil when UConn meets Temple

2012-03-14T15:59:00.000-07:00

In Tonya Cardoza's first season as the head coach at Temple, former boss Geno Auriemma said she constantly sent him text messages about her many struggles.

But that was last year, her first in 15 away from the powerhouse that is Connecticut.

"To be honest, I was spoiled," Cardoza said Monday. "I had coached greatness, been a part of greatness. I hadn't lost many games and, to be honest, I was just being a big baby."

This year, the messages stopped as Cardoza and her team found a comfort zone, the systems she installed took hold and the success they enjoyed in her first season got more consistent.

Cardoza and the Owls …

Curry declares for NBA draft Announcement made following all-star game

2012-03-14T13:38:00.000-07:00

East 151 West 148

The Bulls dispatched general manager Jerry Krause and a bevy ofscouts-not to mention Benny the Bull and the Luvabulls-to watchThornwood's Eddy Curry play in Monday's EA Sports Roundball Classicat Northwestern's Welsh-Ryan Arena. Curry ensured their trip was notwasted, announcing in a postgame news conference his intention toenter the NBA draft in June.

"I'm playing in my last high school game, in Chicago, what betterway to end it?" said the 6-11, 290-pound Curry, flanked by parentsEddy Sr. and Gayle. Curry had 26 points on 12 of 14 shooting, sevenrebounds and three blocks for the East all-stars, who beat the West151-148.

Curry, who had …

Mass AG loses confidence in foreclosure talks

2012-03-14T11:18:00.000-07:00

Massachusetts Attorney General Martha Coakley says she has lost confidence that a fair settlement over foreclosure abuses can be reached where banks are held accountable for wrongful foreclosures.

On Wednesday, Coakley said her office is proceeding with lawsuits relating to unlawful foreclosures.

Coakley is the latest official to undermine a resolution that has been in the works between major banks and attorneys general in all 50 states. …

Uruguay finds bones of possible dirty war victim

2012-03-14T08:57:00.000-07:00

MONTEVIDEO, Uruguay (AP) — Uruguayan officials say searchers at an army base have found the remains of at least one person who may have been killed by agents of a past military dictatorship.

President Jose Mujica confirms the discovery at a barracks in the city of Toledo. His office said Friday that forensic anthropologists also found a shoe there that may have belonged to a person who …

Helping People prosper

2012-03-14T06:37:00.000-07:00

Rex Harris, owner of Harris & Associates, a Fort Wayne accounting firm, believes in standing by his promises. From his beginnings as the only employee in an office subleased from another accountant, Harris has established practices and policies that his firm, which currently has nine employees, has adhered to and which he believes have benefited both him and his clients.

When Harris started his firm in 1978, few accounting firms wanted to deal with small businesses. "I found that there were a lot of small business owners who needed competent, professional assistance. These business owners became our target market," he says.

"Our goal is to provide affordable accounting …

Anti-bullying rally in Howell kicks off 2011 push for Safe School Law

2012-03-14T04:17:00.000-07:00

Law has not successfully moved through state legislature since 2005

HOWELL - Schoolyard bullying is a different animal these days, and an anti-bullying law could help keep students in K- 12 schools safe.

This was the cause that moved some fourdozen protestors to rally and march in downtown Howell on Saturday morning.

Michigan is one of only five states without an anti-bullying law, but that's not for trying. State Sen. Glenn Anderson, a Democrat who represents Michigan's sixth district, which includes Westland and Livonia, first introduced an anti-bullying law in 2005, when he was a state representative. Since then the state house has passed anti-bullying legislation twice, and twice it has failed to pass the Republican-controlled Senate. Anderson is leading the push for Senate Bill 45.

The rally was organized by the Michigan Democratic LGBT Caucus and the Michigan School Tolerance Campaign. The strategy of the Howell rally, and the others like it that will take place around the state this spring and summer, including in Grand Rapids and Lansing, is to present bullying as an issue that affects all schoolchildren and concerns all parents.

Since 2001 there have been at least 10 known incidents of Michigan teens committing suicide after being bullied. Senate Bill 45 is nicknamed "Mart's Safe School Law" in honor of one of those teens, Matt Epling of East Lansing, who killed himself in 2002 several weeks after a traumatic hazing incident on his last day of eighth grade.

Matt's Safe School Law would require every school district in Michigan to adopt an anti-bullying policy, including specific plans on how bullying issues are to be resolved. Schools would need to complete an investigation of any bullying complaint within three days, and school employees who witness incidents of bullying would be required to report them to superiors. Districts would be required to give employees annual training on their respective bullying policies.

To combat the idea that bullying only affects a tiny sliver of students, and as such doesn't need to be addressed by lawmakers, Jocelyn Benson, an associate professor at Wayne State University Law School and the 2010 Democratic nominee for Michigan Secretary of State, said that she will head up a data collection effort to expose the extent and the impact of bullying in Michigan.

She did not stay for the march but said in a speech beforehand that Michigan needs to take a zero tolerance approach to bullying.

The data-collection effort has two facets: First, she will seek out "county allies," who will act as watchdogs in their local communities and report on bullying incidents when they hear of them. Then, Benson will put all of the collected data on a website, with a map, updated monthly, that reflects where incidents of bullying are taking place.

"We'll record not only what happened, but what the response was as well," Benson explained. "Where there are good responses, we'll talk about those, we'll discuss best practices. Where there are bad responses, orno response, we can be a watchdog."

Lauren Jasenak, 1 7, a senior at Brighton High School and the head of the school's GayStraight Alliance, was among the crowd on Saturday morning. Jasenak said she's been a victim of bullying at the school, but that the alliance and her teachers often provide safe space on campus. She plans to attend Eastern Michigan University and wants to be an English teacher and to help young students through their teenage years.

"I want to be able to teach tolerance in the classroom," Jasenak said. "I want to teach about all times of tolerance - not just women's rights or minority rights, but respect for everyone."

The anti-bullying march was more about mobilizing for the fall than for creating a spectacle. It started at 10 a.m. and was done by 11. It traveled a short route in downtown Howell on a cold and sleepy Saturday. And its impact will only reach beyond the 50 or so who showed up, Volk said, if attendees, who hailed from all over Southeast Michigan, each invite five friends to their homes for so-called "kitchen forums," or small group chats on the effects of bullying and the importance of stopping it.

The campaign is mobilizing supporters for Lobbying Day in Lansing on Wednesday, May 4. Supporters are being encouraged to reach out to their legislators and schedule appointments with them to advocate for the passage of Mart's Safe School Law. The legislative effort will likely come this fall, Volk said.

"(Bullying) used to be different," said Edward Withers, who came to Howell from Inkster for the march. "It used to be not that serious, like upperclassmen picking on the freshmen on Freshman Friday, but now it's a lot more vicious. You got kids committing suicide because they're being bullied. You've got kids being killed by their bullies. It's a different animal now. It's a serious issue."

[Sidebar]

Phil Volk, chair of the Michigan Democratic LGBT Caucus, addresses the crowd at the anti-bullying rally in Howell on April 9. BTL photo: James David Dickson

[Sidebar]

"Now (bullying) is a lot more vicious. You got kids committing suicide because they're being bullied. You've got kids being killed by their bullies. It's a different animal now. It's a serious issue."

- Edward Withers

[Sidebar]

To learn more about Matt's Law, visit http:// legislature.mi.gov/doc.aspx?2011-SB-0045

Presidents Obama, Clinton honor Byrd at memorial

2012-03-14T01:27:00.000-07:00

President Barack Obama and thousands of ordinary West Virginians honored the late Robert C. Byrd at a memorial service in the late senator's home state Friday.

With the president, Vice President Joe Biden and other dignitaries on hand, pallbearers carried the late senator's casket down the red-carpeted steps of the Capitol to its main courtyard for the service honoring Byrd, who died Monday at the age of 92.

"I'll remember him when I came to know him," Obama told the gathering, "his white hair flowing like a mane, his gate steady with a cane, determined to make the most of every last breath. The distinguished gentleman from West Virginia could be found at his desk to the very end and doing the people's business."

Former President Bill Clinton sought to humanize Byrd after other speakers from Victoria Kennedy, widow of the late Sen. Edward M. Kennedy, to Senate Majority Leader Harry Reid canonized him.

Recalling Byrd's ability to bring billions of dollars to West Virginia, Clinton said he told the senator: "If you pave every single inch of West Virginia, it's going to be much harder to mine coal." Byrd responded that "the constitution does not prohibit humble servants from delivering whatever they can to their constituents."

Kennedy called herself "humbled" to speak for her late husband. She recalled Byrd voting in favor of Obama's health care reform law on Christmas Eve. "I was in the gallery and tears flowed down my cheeks when he said, 'Mr. President, this is for my friend Ted Kennedy. Aye."

Vice President Joe Biden reminded the crowd how much Byrd cared about his state and improving conditions. "This is a guy who continued to taste, smell and feel the suffering of the people of his state," Biden said. "Because of that service you have gained greatly."

West Virginians stood atop curbs, craned their necks for a better view and clapped along with Appalachian music _ Byrd was an accomplished fiddler _ and the West Virginia National Guard's 249th Army Band playing John Denver's "Country Roads."

Byrd's casket was draped with a West Virginia flag and a bouquet of red roses.

Some in the crowd came because they knew Byrd. Others came because of Byrd's place in history as a U.S. senator for 51 years.

Charleston's Howard Swint, said he brought daughters Maddie and Arianna to the event "to celebrate Senator Byrd's life and public service to West Virginia."

Swint recalled meeting Byrd. "I found him to be a man of tremendous grace despite his years of powerful positions."

Graduate student Matt Noerpel came thought he'd never met Byrd. Noerpel attended a visitation as the senator lay in repose at the Capitol overnight. "It's Robert Byrd. He's as much a political legend as there is."

The nation's longest-serving member of Congress began his political career at the state Capitol when he was elected to the West Virginia House of Delegates in 1947. He went on to serve in the West Virginia Senate before being elected to Congress in 1953.

He spent nearly six decades in Congress, first in the House of Representatives and then his final 51 years in the Senate. As a senator, he developed a reputation as a master of the chamber's rules and an oft-feared advocate for West Virginia.

In his home state, Byrd cemented larger-than-life status for directing billions of dollars to projects ranging from the courthouses to the FBI's national repository for computerized fingerprint records. Many bear his name, including the Robert C. Byrd Green Bank Telescope.

Byrd evolved over the decades, from a segregationist opposed to civil rights legislation, to a liberal hero for his opposition to the Iraq war and a supporter of the rights of gays to serve in the military. And he proudly became a free-spender as chairman of the Appropriations Committee. It took him just two years to reach his goal of bringing more than $1 billion in federal funds back to West Virginia. The money went to build highways, bridges, buildings and other facilities.

Byrd was born Nov. 20, 1917 in North Wilkesboro, N.C., as Cornelius Calvin Sale Jr. His mother died before his first birthday and his father sent him to live with aunt and uncle Vlurma and Titus Byrd. They renamed him and moved to Stotesbury, W.Va.

After the ceremony, Byrd's body will be flown back to Virginia, where he will be buried on Tuesday.

Barnies scores 17, Maine beats Stony Brook 70-59

2012-03-13T22:36:00.000-07:00

ORONO, Maine (AP) — Troy Barnies scored 17 points and Gerald McLemore 15 as Maine defeated Stony Brook 70-59 on Saturday night in an America East Conference game.

The Black Bears (12-7, 6-1) started quickly and led 25-6 with 9:26 to go in the first half, but the Seawolves (7-12, 2-5) whittled it down to 34-26 at halftime.

Two 3-pointers by Bryan Dougher and one by Leonard Hayes, who led Stony Brook with 22 points, helped the Seawolves cut Maine's lead to 42-37 in the second half. The Black Bears then went on a 23-10 run over the next 10:55 to take control, 65-47 with 4:09 remaining.

Barnies scored 15 of his points in the second half, when Maine shot 54.5 percent (12 of 22) to Stony Brook's 35.7 percent (10 of 28).

Terrance Mitchell scored 13 points and grabbed seven rebounds for the Black Bears and Raheem Singleton had 12 points and seven assists.

Cruden to fulfill boyhood dream at Rugby World Cup

2012-03-13T19:44:00.000-07:00

AUCKLAND, New Zealand (AP) — In barefoot, backyard games of rugby with neighbors and friends, Aaron Cruden rehearsed the moves that might wow a Rugby World Cup final crowd, imagined their cheers of appreciation and the warm glow of victory.

On Sunday, after a remarkably short space of time and by a route strewn with pitfalls never conceived in those boyhood dreams, the 22-year-old Cruden will run onto Eden Park in the All Blacks' No. 10 jersey, in a match which may see the end of the New Zealand's barren World Cup years which began before he was born.

"I think every kid (dreamed of winning the World Cup) and if they say they didn't then they're lying," Cruden said. "I was out there practicing, maybe kicking the winning goal or scoring the winning try and those are just things you look back on now and think 'oh wow.' I've got the opportunity to play in a Rugby World Cup final so it's pretty special."

Cruden was born in 1989, two years after New Zealand beat France 29-9 on Eden Park in the final of the first World Cup to claim the William Webb Ellis trophy which, through five world tournaments since, has remained painfully elusive to All Blacks teams.

"I've seen the highlights of that game," he said. "It's pretty special and hopefully it will be the same on Saturday night with New Zealand raising the World Cup."

Asked if he was surprised no New Zealand team had won the World Cup in his lifetime, Cruden said "Not really, no."

"I suppose hopefully that can change on Sunday. That's definitely what we're aiming for."

When Cruden wove childhood fantasy of World Cup glory, he couldn't have imagined that the real story would be far more rich and poignant, would contain more twists and frights than most fairytales.

To reach the World Cup final he not only had to reach the peak of his sport - a long and trying journey on its own — but had to overcome grievous health problems, fluctuating form and his initial non-selection in New Zealand's World Cup squad.

After a battle with tuberculosis in his teens and when his career as a first class rugby player was just beginning, Cruden was diagnosed with testicular cancer when he was 19. He underwent surgery, then had to undergo two months of chemotherapy.

In a 2008 interview, Cruden said "you never expect to hear you have cancer at the age of 19."

"That was a big shock ... my life was just beginning, my rugby was just starting to go well."

After an intense and debilitating course of treatment, Cruden was given the all clear. His cancer was in remission and, within months, he was selected for the New Zealand under-20 rugby team.

Asked if his experience with illness had given him a strength he was able to draw on in the latest chapter of his All Blacks' career, Cruden said, "I suppose I've had a few experiences in my life that I've been able to draw strength from and this is just going to be another fantastic experience on Sunday night."

In February 2010, Cruden graduated from the Manawatu provincial team into the Wellington Hurricanes and the southern hemisphere's premiere professional rugby competition, the Super 14. Only four months later he made his All Blacks debut as a replacement against Ireland.

He played six tests in his international debut season, all but one as a replacement. But in his final test in 2010, and in his first start for New Zealand, his dream began to unravel: he played poorly, he was replaced during the match as New Zealand scraped to a 23-22 win over Australia and he was dropped from the All Blacks squad.

He hadn't been able to reclaim his place by the time New Zealand's 30-man World Cup squad was named. He was omitted as the All Blacks selectors chose Colin Slade as the only back up to New Zealand's star flyhalf Dan Carter.

Cruden resigned himself to watching the tournament on television but when Carter tore a groin ligament immediately prior to New Zealand's last pool match against Canada, he received a call from head coach Graham Henry to join the team.

He was named on the bench for New Zealand's quarterfinal against Argentina and after only 33 minutes of that match was thrust into action as a replacement for Slade, who also strained a groin muscle. He played confidently and helped steer New Zealand to a 33-10 win to set up a semifinal against Australia in which he took the starting role.

That match last Sunday was the biggest of his career, an immense test of his skill and maturity and a match played in a pressure atmosphere which would have tested a lesser spirit.

He took it in his stride. Cruden played with a poise well beyond his years, managed the All Blacks' game with a calm efficiency, and played a leading role in New Zealand 20-6 victory.

Three weeks ago, New Zealanders had begun to fear the injury to Carter had put paid to their hopes of ending a two-decade run of World Cup failures. On Sunday the All Blacks will go into the World Cup final against France with a nation behind them, confident in Cruden's ability to do the job.

"I'm just humbled and blessed to be back in the squad and to be given this opportunity," he said.

Williamson hits Braun stand on death penalty

2012-03-13T16:50:00.000-07:00

SPRINGFIELD Republican U.S. Senate candidate Richard S.Williamson on Monday assailed Democratic opponent Carol MoseleyBraun, who as an Illinois legislator voted to abolish the state'sdeath penalty.

Seeking to set himself apart from his liberal Democratic rival,Williamson contended Braun is "out of step" with Illinois voters oncapital punishment.

"Simply put, she is wrong on this issue," he said. "The mostviolent criminal acts should be prosecuted with the toughest meansavailable."

The Kenilworth lawyer said he supports a "comprehensive federaldeath penalty law" that would strengthen federal statutes and speedup the appeals process.

At a news conference, Williamson pointed out that Braun twicesponsored legislation to abolish the death penalty in Illinois duringher 12-year tenure as a state representative.

Braun could not be reached for comment.

At another news conference today, Williams is expected to nameH. Clark, chairman and CEO of Nalco Chemical, as his financialchairman, and banker John Rau and lawyer Robert A. Helman asfinancial co-chairmen.

Helman, a partner at the Mayer, Brown and Platt law firm, is aconsultant for the commission formed by Mayor Daley to study a $2billion casino gambling proposal.

Williamson acknowledged the need to play catch-up in hiscampaign against Braun, who was catapulted into the nationalspotlight after defeating Sen. Alan J. Dixon in the March 17Democratic primary. But he was confident that he had ample timebefore the November general election to get his message out.

"In my opinion, many of those Democrats who have supported AlanDixon are going to feel more comfortable with my stand on the issuesthan they will with a more extreme liberal, like my opponent," hesaid.

Boss delighted by side's bouncebackability

2012-03-13T13:59:00.000-07:00

Adie Britton said at the start of the season that how Bath Citydealt with inevitable setbacks would determine whether they survivedin the Blue Square Bet Premier or not.

Five months later and the fact that his team have yet to sufferback-to-back league defeats is a source of great pride to the Citymanager and a major reason why they currently sit in mid-table.

City went into 2011 on the back of a disappointing home loss atthe hands of Forest Green Rovers, only to bounce back with victoryat second-placed Newport County.

Defeat followed at Wrexham two days later but Britton's menresponded with a magnificent team display to take a deserved pointagainst former League Cup winners Luton Town last weekend. "Everyonelast week was looking at the games against Newport, Wrexham andLuton and thinking there wouldn't be many points on offer," saidBritton.

"But we've got a win, a draw and a narrow defeat out of them andthat's massively pleasing, especially considering how restricted weare with troops at this moment in time.

"It was a really dogged performance against Luton. Everyoneshowed great application and they all worked exceedingly hard. Itgot more frenetic as the game went on but we seemed to work harderand harder.

"The most pleasing thing, more than anything else, is that ourfitness never fails us, even though we are part-time. It is a realtestament to how hard the lads work individually when they are awayfrom the club."

Largest ever deployment of Interpol for World Cup

2012-03-13T10:58:00.000-07:00

The World Cup will have the largest ever deployment of the organization's officers at any global event, says the head of Interpol.

Interpol secretary-general Ronald Noble said Wednesday that 20 to 25 countries would be providing manpower to support the South African police, as well as additional officers from countries sending teams to the tournament.

Noble was given a tour of security facilities at Johannesburg and Durban airports on Wednesday by South Africa's Deputy Police Commissioner, Andre Prius, to assess World Cup readiness.

Prius said Interpol officers and the South African Police Service will form a fully integrated force to deal with all security threats, including terrorism, organised crime and hooliganism.

"Cooperation could not be stronger" between the two forces, Noble said.

"At this stage, there is no indication of any direct threat of terrorism against the event. Nobody can put any intelligence on the table of any threat," said Pruis, adding that both organisations will continue monitoring intelligence in the lead up to the World Cup.

Ports of entry will be focal points for security services, where passengers will be screened using Interpol databases containing details of more than 11 million stolen passports, which are often used for terrorism, organised crime and trafficking purposes, Noble said.

Noble says technological advancements have also made mobile spot checks of identities and fingerprints possible, and this would be taking place at fan parks, stadiums and other World Cup venues.

It is also the first time that Interpol will generate identity documents for individuals who have been deemed "non-threatening," allowing police officers to focus their attention elsewhere.

A hotbed for growth

2012-03-13T07:43:00.000-07:00

The current surge of commercial construction in Allen County isn't the result of a burst in population. According to civic leaders and commercial developers, it's the mad dash for "new" buildings as opposed to recycling older real estate.

Retail stores, theatres, restaurants, and grocery stores are springing up on a regular basis in the city, with primary commercial building efforts taking place in the suburbs. One must wonder how our slow population growth will support these new businesses and what will happen to dozens of spaces that continue to stand empty.

There appear to be many reasons for this sudden construction surge in newly- manufactured buildings, strip malls, and medical facilities in the outlying areas of Fort Wayne. Developers say the strong economy we are experiencing has prompted national businesses to look to the Midwest to expand. Areas like Fort Wayne are hotbeds for growth with our outstanding school systems, low crime, ready infrastructure, and accessible workforce. Residential building is peaking in the Allen County area and where wide-spread residential areas develop, so does the need for service-related businesses.

Currently, the hottest retail and residential market in the county is the Dupont Road and Coldwater Road area. It's an area that has developed in excess of 20 different subdivisions of individual residential homes in the last two years.

"We have had several years of fierce residential growth," says Jim Norris, Allen County building commissioner. "Nearly 2,000 single family homes were built last year - the year before 1,930 new homes were constructed. We used to think that the rule of thumb was 1,000 to 1,200 new home starts within a year was the norm. Now it's much higher."

It's also prime property for new businesses. "We have actually done that at Pine Valley Shopping Center," says Stan Phillips, vice president at Harding Dahm. & Company. "It is a 93,000 square-foot shopping center that needed to be rehabilitated badly. We worked out an agreement with the owners to bring in a contractor and do a major renovation of that center. They want to be able to walk through the development, or to be able to see it before they commit."

In addition, Phillips believes the rapid growth of the Dupont and Coldwater Road area is primarily due to the initial development of two new hospitals (Parkview and Lutheran) and a medical facility.

While the northwest quadrant of the county is currently realizing rapid commercial growth, community leaders and developers are diligently working toward the expansion of businesses in the northeast and southwest. However, the biggest obstacle appears to be utilities' infrastructure and restrictions on types of industry that can occupy current real estate and proposed manufacturing sites.

"There is a master plan within the county for three large economic development zones," says Phil Laux, president of the Greater Fort Wayne Chamber of Commerce. "We actively market the community in a number of ways. Probably one of the areas of focus where we have spent a lot of time and energy and money in the last two years is at the airport-the Airport Development Zone. The airport has 450 acres and through a piece of legislation developed in 1995, we are able to provide a number of tax incentives for companies to locate in that zone just as Kitty Hawk did."

While that sounds inviting, there is a dilemma. The restrictions set in place by the Airport Authority require that any business locating in the zone must be air related, which immediately eliminates manufacturing companies. Unshaken, Laux is optimistic they will soon have occupants on the property that do comply with the covenants.

"There are other service businesses for cargo companies and in fact other cargo companies that we are working with both domestically and internationally," Laux says.

Additionally, Summit II, a light industrial park is developing on 116 acres of property located between Washington Center Road and Ludwig Roads, just north of the city. Aesthetically, Summit II, which is being developed by Miller-Valentine Group, will feature the same appointments that are provided in Summit I, including curbed streets, professional signage, and an assurance that all of the buildings located on the property will meet the strict specifications of the developer.

Another area of light- to mediummanufacturing that will soon realize a facelift and added industrial development is the Centennial and Congressional Industrial Parks.

"As the property managers of the Centennial Industrial Park, we are working with the city to redo all of the streets and radius intersections throughout the park, and add a traffic signal at the intersection of Hillegas and Independence Drive," Phillips says. "We are hoping to kick that off later this year or in 2001. Funds have already been committed for it and we are ready to go."

Even so, the question still remains as to why developers invest millions of dollars into new property when so much existing, vacant commercial property exists? Consider the Scott's Food Store in the Parkwest Shopping Center, which remains vacant when just across the street Jefferson Pointe Mall and Apple Glen Crossing are under construction.

Who can overlook the fact that years have passed and Southtown Mall remains virtually empty? In addition, there are literally hundreds of uninhabited storefronts and office spaces in downtown Fort Wayne. With a reported miniscule 2 percent increase in population, where will the market come from to support the widespread growth of commercial and industrial properties?

"We do have an inventory of vacant properties and it's really driven by the client and whether they want to retrofit something," Laux says. "When recycling current real estate there are some serious issues to consider, including the number of facilities that are currently available that have environmental problems. Until there is total absolution from any liability, I am not sure that anybody is willing to go into those buildings."

"One of the things that we as a community need to do a better job of is learning how to recycle real estate," says Don Steininger, president of Steininger Development. "There are a lot of vacant commercial buildings that exist at great locations, but they just don't fit what people expect anymore. The dynamics have changed, the population base has changed and the types of shopping that people want have changed."

"Eve yone wants new," Phillips says. "The national firms want to build to their own specifications. They do not want to retrofit. I just think that there are some current retail developments that simply offer the wrong sizes at the moment. For instance, consider the Scott's Food Store in Parkwest, they have a 43,000 square-foot store that's available right now. The big box users are 65,000-90,000 square f

eet in size. You can't expand that particular facility, so what one needs to do is accept lesser-sized national tenants, or subdivide the space to accommodate smaller users.

"You ask whether our small increase in population will have the capability of filling all these new retail marts, and I really can't tell you," Phillips adds. "I just can't give you a good answer on that. No one has a crystal ball."

Of course Southtown Mail has its own set of statistical problems. For years the Fort Wayne community has been waiting for some signs of improvement to the property. The size of the mall has always been a problem. Even though it is located on prime property, many view Southtown Mall as a crumbling building with little potential.

"The problem with Southtown Mall has always been its size," Laux says. "My own personal belief is that you have to knock about half of it down, and improve its curb appeal. Chain link fencing and asphalt gives it the look of a prison."

"If the mall was originally built half the size it was, it may have succeeded," Steininger says. "Because it is so big, they couldn't maintain it at that size and therefore they started doing everything from cheapening the basic product that they sold to having stores sitting empty. They were doing all the things that you don't want to do unless you are desperate, and once you start down that road, there is no way of turning it around."

"I don't think that retail in that large of an environment is the answer," Laux says.

"There will soon be big news concerning the future of Southtown Mall, but at this time I am not at liberty to announce anything," Steininger adds.

In order to eliminate the excess of unrecycled properties, real estate developers have even considered imposing a clause in the original contract that would dictate the owner or new buyer of the real estate would be compelled to restore, recycle, rebuild, and reinvest in the property within a certain period of time. It is unlikely, however, that such a clause would attract new ownership.

"My own personal belief is that if I am in the market and I can turn something around and you impose a restriction like that on me, I will go away," Laux says. "I'm willing to roll the dice on a certain amount of risk, but if you put restrictive clauses and covenants in the deal, I will find another deal."

While a current population growth of only 2 percent in Fort Wayne isn't considered major, it has, as patterns reveal, contributed to steady growth over the past 10 years. Will it have the ability to sustain the recent influx of new retail, commercial and industrial growth? Some believe that if the economy is doing well, businesses will succeed and we will realize even more new growth to the area.

"The one thing that I am convinced of is that retail is driven strictly by how much money people have in their pockets," Steininger says. "We don't have tremendous growth in Allen County, we have pockets of it. The answer is simple, as long as the average person has more money to spend, there will be someone there to give them that opportunity."

A well-used term in the real estate industry has always been location, location, location. As the need for growth and available space continues, so too will the yearning for new stores, new atmospheres, and big-city recreational opportunities.

"I just heard a phrase used by another community leader who happens to be a good friend of mine, Jim Johnston at National City Bank," Laux says. "Johnston said to me that while he has been in town a long time and with everything that's going on right now, this is the most excited he can remember being about the future of Fort Wayne."

China Eastern Airlines rejects investment offer by owner of rival Air China

2012-03-13T03:48:00.000-07:00

China Eastern Airlines Corp. rejected an investment offer by rival Air China's owner on Wednesday, and Singapore Airlines said it was still ready to buy a stake in the struggling carrier.

The Chinese airlines are involved in a rare public takeover struggle between state-owned companies that reflects the intense competition for a dominant position in China's booming air travel market.

China Eastern shareholders rejected Singapore's bid to buy 24 percent of the airline in January after Air China parent China National Aviation Corp. offered more money. Analysts say China Eastern is resisting a tie-up with Air China for fear it will lead to the Shanghai-based carrier being absorbed by its larger rival.

"This company's board of directors will give no further consideration to China National Aviation's proposal," China Eastern said in a statement issued through the Shanghai Stock Exchange.

China Eastern said the offer would fail to achieve its goal of attracting a strategic investor that can bring it advanced international management, improve its competitiveness and protect all its shareholders' interests.

"China National Aviation and / or its representative cannot enable this company to achieve the abovementioned expectations," the China Eastern statement said.

China's air travel market is one of the world's most promising, with annual growth forecast at 9 percent in coming years. The Beijing Olympics this summer will add to demand. But Chinese carriers are struggling with low profits amid soaring fuel prices and intense competition.

China Eastern, the country's No. 3 carrier, said Wednesday it still wants a strategic partner to bring in money and skills and that Singapore Airlines is the preferred candidate.

Singapore Airlines said its offer still stood but stressed it was not offering shareholders more money.

"Our proposal for recapitalisation of China Eastern Airlines is still on the table," Singapore Airlines spokesman Stephen Forshaw said in a written statement. However, he said, "there is no new bid."

"We hope that shareholders will appreciate that the offer is a fair and reasonable one, and will help recapitalise China Eastern quickly to meet the competitive demands of the China aviation sector," Forshaw said in the statement.

Singapore Airlines and its parent, the Singapore government investment agency Temasek Holdings Ltd., offered 7.2 billion Hong Kong dollars (US$923.8 million; euro627.5 million), or about HK$3.80 a share, for the 24 percent stake. Foreign investors are allowed to own no more than 50 percent of a Chinese airline.

The takeover battle set off a public lobbying campaign by Singapore and Air China for shareholder support, an almost unprecedented step in the secretive world of Chinese state companies.

Investment by Singapore, one of Asia's most competitive, profitable carriers, would bring China Eastern money and skills while preserving its independence. Singapore would get a foothold in China.

But China Eastern shareholders rejected Singapore's bid after Air China's parent made a last-minute announcement on the eve of the January vote that it would offer at least HK$5 per share.

Chinese regulators are reportedly considering possible plans to restructure the country's airlines to make them more efficient and able to compete with bigger, richer foreign carriers.

Analysts said Air China hoped to use its China Eastern stake to help establish itself as China's dominant airline ahead of any restructuring while keeping Singapore out of its home market.

The credit ratings firm Fitch warned Wednesday that China Eastern needs to conclude its search for a partner quickly.

China Eastern "needs to act quickly to forge strategic ties with a strong partner in order to help it repair its balance sheet and improve operational efficiency," Fitch analyst Jinqing Li said in statement Wednesday.

China Eastern has significant growth opportunities, Li said, but low profit margins and high debt do not "leave it much flexibility to finance its expansion."

___

Associated Press Writer Gillian Wong in Singapore contributed to this report.

Oil jumps to near $92 after Europe debt plan

2012-03-13T00:43:00.000-07:00

SINGAPORE (AP) — Oil prices jumped to near $92 a barrel Thursday in Asia after European leaders agreed on a plan to reduce Greece's debt burden.

Benchmark crude for December delivery was up $1.60 at $91.80 a barrel at midday Singapore time in electronic trading on the New York Mercantile Exchange. The contract fell $2.97, or 3.2 percent, to settle at $90.20 in New York on Wednesday.

Brent crude was up 82 cents at $109.73 a barrel on the ICE Futures Exchange in London.

After a meeting that began Wednesday, EU President Herman Van Rompuy said early Thursday that policymakers struck a deal that will reduce Greece's debt to 120 percent of its GDP in 2020. The plan will require banks to take on 50 percent losses on their Greek bond holdings.

Van Rompuy also said the eurozone and International Monetary Fund will give Greece another euro100 billion ($140 billion).

Investors cheered the accord as a first step toward containing Europe's sovereign debt crisis. The Dow Jones industrial average gained 1.4 percent on Wednesday and stock markets in Asia rose Thursday.

Crude has jumped about 21 percent from $75 on Oct. 4 amid growing investor optimism that the U.S. economy will avoid a recession this year.

In other Nymex trading, heating oil rose 0.4 cents to $3.06 per gallon and gasoline futures gained 0.6 cents at $2.68 per gallon. Natural gas advanced 0.9 cents at $3.67 per 1,000 cubic feet.

Bulls Beat Pistons to Make It a Series

2012-03-12T21:45:00.000-07:00

AUBURN HILLS, Mich. - Suddenly, it's a series. Ben Gordon scored 28 points and the hot-shooting Chicago Bulls beat the Detroit Pistons 108-92 Tuesday night in Game 5 of the Eastern Conference semifinals, pulling to 3-2 in the series.

Detroit opened the second round with two routs and made a big comeback in the third game, leading some to predict it would end with a sweep - or in five games at the most.

Obviously, the Bulls had other plans.

Game 6 is Thursday night in Chicago and if Game 7 is necessary, it would be Monday night back on the Pistons' home court.

The Bulls started the game Tuesday night with a sense of urgency and didn't let up in a game they never trailed.

Chicago only missed one of its first seven shots while holding Detroit to 3-of-9 shooting and each starter scored to help build a 14-6 lead.

The Bulls made 72.2 percent of their shots in the first half - falling just short of an NBA record - but only led by eight at halftime.

They outscored Detroit 33-20 to take a 21-point lead into the fourth quarter.

Unlike the two previous games, the Pistons didn't rally at all and were frustrated against a team that looked much like the one that swept the defending NBA champion Miami Heat in the first round.

Gordon made shots early and often and had plenty of help.

Luol Deng scored 20, Kirk Hinrich had 17 and P.J. Brown scored a playoff-high 15.

The Pistons, meanwhile, didn't have a one consistently effective player on offense and allowed the Bulls to do whatever they wanted at the other end of the court.

Chauncey Billups scored 17, Richard Hamilton had 16 points and Rasheed Wallace added 15, but the trio combined to shoot just 16-of-42.

The Pistons fell to 12-3 when they have a chance to win a series, with the rare losses coming in the last two games and in Game 7 of the 2005 NBA finals against San Antonio.

Midway through the fourth quarter, a sellout crowd gave up on a possible rally as the aisles filled with fans leaving and the Bulls leading 101-81.

Detroit reserve Antonio McDyess scored 12, Tayshaun Prince had 11 and Chris Webber added nine points and eight rebounds.

Tyrus Thomas gave the Bulls a lift off the bench with 10 points, six rebounds, five steals and a block. Reserve Chris Duhon scored eight points and made two of Chicago's 10 3-pointers.

Chicago finished shooting 57 percent after coming close in the first half to the NBA record the Los Angeles Lakers set by making 74.2 percent of their shots against Seattle during the 1998 playoffs, according to the Elias Sports Bureau.

The Bulls made more shots (28) in the first half and scored just 10 fewer points than they did in all of Game 1.

They broke a franchise playoff record with just 23 field goals in the series opener, leading to a franchise postseason-low 69 points.

In addition to struggling defensively, the Pistons got into trouble on offense by relying on one-on-one moves instead of the using teamwork that usually leads to success for them.

Detroit also started to unravel because of the officiating, leading to Wallace getting called for a technical foul midway through the third quarter shortly after Billups was called for his fourth foul.

Notes:@ In Game 4, Hinrich appeared to throw a left-handed jab that connected with Flip Murray's groin on a dunk. Murray said Monday he didn't think it was intentional, but he wasn't so sure after seeing the replay for the first time. "I'm going to ask him on the court," Murray said before Game 5. Hinrich insisted it wasn't intentional. The NBA did not plan to take action against Hinrich. ... Faces in the crowd included Rock and Roll Hall of Famer Bob Seger, a Michigan native and resident. ... Chicago's Ben Wallace had six points, five rebounds, four assists and two blocks.

John Forces Evacuations; Tourists Flee

2012-03-12T18:31:00.000-07:00

CABO SAN LUCAS, Mexico - Tourists fled hotels and desperately sought flights home, while at least 15,000 residents were ordered to higher ground Thursday as a slightly weakened Hurricane John bore down on the resort of Cabo San Lucas.

The storm soaked beaches on the mainland's Pacific coast before turning toward Baja California, where its eye was on course to hit the peninsula's southern tip around midday Friday. It was downgraded to Category 2 with maximum sustained winds of 105 mph.

John wasn't likely to affect the United States - cooler Pacific waters tend to diminish storms before they reach California.

Officials were preparing to evacuate 10,000 people in Cabo San Lucas and San Jose del Cabo and at least 5,000 others in La Paz, the capital of the state of Baja California del Sur. Shelters had been set up in 131 schools.

State Gov. Narciso Agundez said residents who refuse to head for higher ground will be removed from their homes.

"Where there are areas that are highly vulnerable, we will have to do things forcibly," he said.

Shop owners boarded up windows and hotel workers stripped rooms of light fixtures and furniture, in case plate-glass windows were shattered.

John was about 170 miles southeast of Baja's tip at midevening Thursday, moving at 13 mph. Mexico issued a tropical storm warning for central Baja, while the peninsula's southern tip, home to Cabo San Lucas and fellow resort San Jose del Cabo, remained under a hurricane warning.

Forecasters at the U.S. National Weather Center in Miami warned John could drop up to 18 inches of rain in some places and create up to a 5-foot storm surge. The weather center warned of "life-threatening flash floods and mudslides" in mountain areas.

State tourism authorities said late Thursday that hotel occupancy rates were only at about 40 to 50 percent, as most visitors had been advised to return home.

"Most hotels have evacuated all of their guests," it said.

But on the ground, there was little evidence of evacuations. Guests at most hotels and resorts, including the Hilton Los Cabos Beach and Golf Resort, were staying put.

"Until the government tells us something, we aren't evacuating anyone," said Mario Martinez, the Hilton's director of security.

Residents emptied grocery shelves of food and water, and endured long waits for gasoline. At the airport, hundreds of tourists battled for seats on the few planes heading out of the isolated peninsula. Driving out wasn't much of an alternative - there's only one narrow road, 400 miles long, leading to Tijuana.

Among those hoping to get out was 61-year-old Linda Laport, who was vacationing with family a year after Hurricane Katrina flooded her New Orleans home and claimed her father's life, she said.

"We heard there was a hurricane coming - we were not going to take no chances," she said.

Junichi Hriata, 33, was also sick of hurricanes. The 33-year-old journalist from Tokyo was vacationing in Cancun last year when Hurricane Wilma hit, and he spent a week in a shelter without electricity or showers.

"I'm not going through that experience again," he said. "It was hell."

Officials planned to close the airport here as a precautionary measure at 8 p.m.

Bill Crowley, a 42-year-old tourist from Lakewood, Colo., was collecting seashells and swimming in the Pacific with his wife when strong gusts of wind forced even die-hard beachgoers to head for cover. He said he would ride the storm out in his beachfront hotel room.

"There's no other place to go," he said. "I would evacuate the first floor of these hotels, but we're on the third floor so we should be all right."

There was still a hurricane warning for the bay that is home to the mainland resort of Puerto Vallarta, made famous by the 1964 movie "The Night of the Iguana." But the city appeared to have escaped the storm's wrath.

Skies were cloudy but no rain was falling as local residents walked to work and a handful of tourists strolled along the waterfront promenade in front of a calm sea.

In Cabo San Lucas, fishermen were tying down their boats, and Port Capt. Everardo Jimenez said he had ordered a tourist boat out of the water.

Hotel workers stripped rooms of light fixtures and furniture, in case plate glass windows were blown out.

Antonio Juarez, a 23-year-old construction worker, was nailing sheets of plywood across the windows of a beachfront condominium Thursday.

"The last one hit us, and hit us hard," he said of Hurricane Ignacio, which blew through the area two years ago. "We've learned how to take precautions."

Meanwhile, Hurricane Kristy formed far out to sea, but forecasters said some interaction was possible. If that happened, Kristy would likely be absorbed by the larger John, forecasters said.

Officials name both Atlantic and Pacific hurricanes in alphabetical order.

---

Associated Press writer Olga R. Rodriguez contributed to this report from Puerto Vallarta, Mexico.

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On the Net:

http://www.nhc.noaa.gov

What Americans want in a 1988 presidential candidate

2012-03-12T14:35:00.000-07:00

The resume of America's choice for president in 1988: Male.Conservative. White. Under 65 years of age. A U.S. senator. Not amillionaire.

The resume of a presidential also-ran: Female. Black. Aminister. Older than 65. A millionaire. Never held electiveoffice.

Those instructive, perhaps troublesome and admittedly incompleteprofiles emerged from a Washington Post-ABC News telephone poll of1,506 adults in June.

Survey interviewers read a list of 15 personal characteristics,including sex, age and income status. After each trait was read,respondents were asked whether they would be more or less likely tovote for a presidential candidate with that characteristic.

Among the results: A surprisingly strong tilt towardpoliticians, a cool reaction to women and to blacks, and acomparatively hostile view of members of the clergy and oldercandidates.

Almost half of those surveyed - 49 percent - said they would beless likely to vote for a presidential candidate who had never heldelective office. Another 15 percent found such a candidate moreattractive; the remainder said it would make no difference.

Americans clearly penalize political rookies who aspire to theWhite House. That 34-point gap in favor of experience was thelargest recorded in the poll. That's too bad for Alexander M. Haig.It also should keep Lee Iacocca selling cars, Pat Robertson savingsouls and Jesse Jackson chasing rainbows.

Experience in the Senate, House or in a statehouse was a decidedplus. Almost half of those sampled - 46 percent - said they would bemore likely to vote for a presidential candidate who had served inthe Senate. Only slightly fewer said they would be more likely tovote for a candidate who had served in the House. And fewer than 10percent said a turn in Congress would be a negative.

The public viewed governors favorably, though less so thanpoliticians who had served in Washington. Slightly more thanone-third said they would be more likely to vote for a candidate whohad served as a governor, while only 6 percent said they would beless likely.

Ronald Reagan notwithstanding, a significant minority ofAmericans retain a strong bias against older politicians. The surveyshowed that more than two-fifths of Americans would be less likely tovote for a candidate over 65. Only one in nine said he would be morelikely to favor an older presidential candidate.

There's more bad news for Mr. Robertson and Mr. Jackson.Thirty-eight percent said they would be less likely to vote for acandidate who was "a member of the clergy." An equal percentage saidthey would be less likely to favor a candidate who was afundamentalist Christian.

The data raise an intriguing possibility. One interpretation ofthe numbers suggests that a fundamentalist Christian would farebetter than other members of the clergy.

The evidence: 17 percent of those surveyed said that they wouldbe more likely to support a candidate who was a fundamentalistChristian. But only 11 percent said they would be more likely tovote for a candidate if he were a member of the clergy.

America's maturing romance with the right appears to offer asmall but significant advantage to conservatives again next year.About a third of those surveyed said they would be more likely tovote for a presidential candidate who was politically conservative,while a quarter said they would be less likely.

Smaller numbers of voters will look for the liberal label, thepoll suggests. Only one of five Americans would be more likely tovote for a liberal candidate, while one in three would be lesslikely.

Americans may aspire to be millionaires, but the advantage is toa presidential candidate who is not. Only 7 percent said they wouldbe more likely to vote for a candidate who was a millionaire, while23 percent said they would be less likely.

Being black and female remain political negatives, the surveyshowed.

One-fifth of Americans said they would be less likely to votefor a black for president, while slightly more than one-fourth saidthey would be less likely to vote for a woman. Being black was viewed as a positive by 8 percentof those surveyed, while 10 percent said they would be more likely tovote for a woman.

(Informed consumers of survey results should note, however, thatthe political "penalty" for being black or female may be understatedin this survey. It's likely that a significant percentage of thetruly prejudiced would be unwilling to disclose negative attitudestoward such candidates in a telephone poll.)

The Post-ABC list, of course, was not all-inclusive.Conspicuously absent were issues and personalities, the handles onwhich real elections swing.

Such attribute lists are, however, far from useless.

Campaign strategists read similar results to identify theircandidates' obvious strengths and weaknesses. These lists also serveanother purpose as helpful measures of America's politicalpredispositions: the good, the bad and, too frequently, the ugly.

Richard Morin is director of polling for the Washington Post.

APNewsBreak: Groups say Exxon violates US air laws

2012-03-12T11:04:00.000-07:00

The largest U.S. oil refinery violated federal air pollution laws thousands of times during the last five years, releasing 10 million pounds of illegal pollution, including cancer-causing toxins, without facing proper fines or being forced to fix equipment, environmental groups claim.

Exxon Mobil Corp., which owns the refinery, is the latest target of Sierra Club and Environment Texas, which recently forced Shell into a $5.8 million settlement over its Clean Air Act violations and has filed a lawsuit against Chevron Phillips.

The environmental groups have not yet sued Exxon but have notified the Irving-based company, the Environmental Protection Agency and the Texas Commission on Environmental Quality of plans do so _ a requirement under the Clean Air Act.

The Associated Press obtained copies of the groups' two 60-day notices, which outline violations Exxon measured and reported itself. Among other complaints, the notices accuse Exxon of violating emissions limits on sulfur dioxide, one of the components of acid rain; hydrogen sulfide, a toxic, flammable gas characterized by a rotten egg smell; cancer-causing agents such as benzene and butadiene; carbon monoxide; and the smog-causing agent nitrogen oxide.

The environmental groups' legal maneuvers are part of broader accusations by the organizations and the U.S. Environmental Protection Agency that Texas regulators are failing to properly monitor, control and enforce federal emission standards.

Exxon reported all of the incidents and claimed in some cases they were "not considered deviations" because they did not violate the limitations in the air operating permit for the refinery, which is in Baytown, about 35 miles southeast of Houston.

Exxon confirmed in a statement Wednesday that it had received a notice of the groups' intent to sue. The oil giant said it works closely with the EPA and Texas regulators to control and report emissions from the Baytown refinery and petrochemical plants. It said it had reduced benzene emissions by 70 percent between 1990 and 2008, as well as significantly reducing other pollutants in the past decade.

"We continue to make significant improvements in the environmental performance of our Baytown complex through emissions controls, technology enhancements and process changes," the statement said.

Sierra Club and Environment Texas hope that by investigating suspected violations by the dozens of refineries and petrochemical plants that line the Houston Ship Channel and filing suit against polluters, it will force the companies to act responsibly and push the Texas Commission on Environmental Quality to more closely monitor and maintain pollution standards, Neil Carman, a Sierra Club chemist who is spearheading the investigations and lawsuits, said.

"The TCEQ is not enforcing the Clean Air Act in Texas and these cases are clear evidence of the agency's failure in carrying out its mission in protecting public health in Texas," Carman said.

The Texas commission declined to comment specifically on the pending litigating but said in a written statement that it has an effective enforcement program that uses corrective actions when necessary.

"The TCEQ believes that enforcement is not a goal, but one tool among many available to protect the environment and people," the statement said. "The agency pursues strong and vigorous enforcement."

The agency also said it has been issuing more fines in recent years, increasing from $11.3 million in 2007 to $23 million last year.

About 70,300 people live in Baytown, which is home to the Exxon refinery and two accompanying petrochemical plants. The refinery, founded in 1919 with 100 employees, now has 4,000 workers on a complex stretching across five square miles. It can process nearly 570,000 barrels of crude daily.

The environmental groups' letters to Exxon and regulators are official notice that a lawsuit will be filed if a deal is not reached with Exxon to pay millions of dollars in fines and update equipment causing the thousands of incidents at the plant.

The letters were dated Nov. 30 and July 2 and show nearly daily violations and excess emissions reported by the company itself from 2005 until this year.

In one case, Exxon noted a roof drain failed but said emissions had not been calculated, as required. In other instances, the plant reported a small fire or failure to monitor pressure readings during a procedure. In a 20-day period in 2009, the company reported spills of nearly 50 gallons of different types of oils. In 2008, it reported it exceeded 24 hour averages of ammonia five consecutive times. In 2006, it failed to monitor certain pressure readings during a performance test and under corrective action listed it was talking to the Texas Commission on Environmental Quality about excluding such readings from the requirements.

"Based on available information ... Exxon Mobil has repeatedly violated, and will continue to violate, its air operating permits, the Texas State Implementation Plan and the federal Clean Air Act by emitting air pollutants into the atmosphere from the Baytown complex," attorney Joshua Kratka wrote in the letter dated Nov. 30.

The sides have met since the November letter was issued but have not yet reached an out-of-court agreement. Kratka's letter stated that any lawsuit would cover the five years preceding the letter and any incidents after Nov. 30.

Sierra Club and Environment Texas reached a $5.8 million settlement with Shell in April 2009 after filing a similar lawsuit against that petroleum giant. Shell also is required to make several costly fixes to its Houston-area facility to ensure it meets standards.

A similar lawsuit filed against Chevron Phillips Cedar Bayou plant in Baytown, Texas, is ongoing.