Day 124 - 10 May 95 - Page 33
1 Any violation of any laws would obviously concern us and we
2 would have some communication with the Company, but it
3 really is not our responsibility to, to use your term,
4 monitor. I mean, that is pretty broad. I do not know any
5 company that, frankly, would do that, but if -----
6
7 Q. If something came to your attention?
8 A. If something came to our attention, if we were informed
9 that there was a company that was polluting a stream, the
10 atmosphere, violating some law, then we obviously would be
11 concerned and have some communication with that particular
12 company.
13
14 Q. How do you explain that, as the court has heard, aerosol
15 sprays that were using CFCs as blowing agents were banned
16 in the United States in the late 70s, and yet McDonald's
17 was still using CFC blowing agents up to a decade later?
18 A. How do I explain it?
19
20 Q. How do you explain that?
21 A. I am not immediately conversant on that and, first of
22 all, if -- that is not true, entirely true. It was being
23 done without our knowledge. Certainly, if we had knowledge
24 of the fact that there were agents that were banned in the
25 production of products that we used, it would be our
26 philosophy, operating philosophy, not to want to use those
27 products.
28
29 Q. But you are aware, presumably, as any generally aware
30 person in America must have been, that aerosols made of
31 CFCs were banned in the late 70s because of concerns about
32 the damage that CFCs do to the ozone layer?
33 A. Well, I am not so sure. You know, I am not an expert
34 in this area, but my general opinion is that if we had
35 knowledge, full knowledge, that an agent was being used in
36 the preparation of a package, material that we were using
37 to supply our products, we would take steps to cease using
38 that package or, certainly, communicate to the Company that
39 they would have to cease using that agent, they would be in
40 violation. Obviously, we would have some concern, we would
41 have -----
42
43 MR. JUSTICE BELL: Do you, in fact, know about CFCs and which,
44 if any, uses the CFCs were banned at any particular time?
45 A. They have been banned, but I do not agree with his
46 assertion that we -----
47
48 MR. RAMPTON: I know Mr. Beavers is here as a general
49 representative. Mr. Morris and Ms. Steel had, I do not
50 know how much opportunity, unlimited opportunity, really,
51 to put all this to Mr. Langert who does know about it
52 specifically and Mr. Kouchoukos. What headway they made in
53 that regard, I cannot remember and your Lordship will say
54 at the end of the day. I wonder how useful a use of your
55 Lordship's time this line of questioning is with this
56 witness.
57
58 MR. JUSTICE BELL: You see, I am not aware, no-one has told me
59 yet, that McDonald's have ever used CFC aerosols. I have
60 had it explained to me what the difference between an
