Beruflich Dokumente
Kultur Dokumente
INSIDE u
u
Grand Canyon Green-Wash, page 6
Appeals Court Rules for U.S. Park Police Chief Chambers, page 7
From the Executive Director
Mission Statement
PEER protects public employees who protect our environment. We are a service organization for local, state, federal
and tribal law enforcement officers, scientists, land managers and other professionals dedicated to upholding
environmental laws and values. Through PEER, public servants can choose to work as “anonymous activists” so
that public agencies must confront the message, rather than the messenger.
PEER Refuge Keeper • P.O. Box 359 Aurora, NY 13026 PEER DC Headquarters Staff
tel: 315-364-7495 fax: 315-364-7810 email: refugekeeper@peer.org
Executive Director • Jeff Ruch
California PEER • PO Box 4057, Georgetown, CA 95634 Associate Director • Carol Goldberg
tel: 530-333-2545 fax: 530-333-1113 email: capeer@peer.org Legal • Paula Dinerstein & Adam Draper
Florida PEER • P.O. Box 14463 Tallahassee, FL 32317-4463 Development • Angela Welsh
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PEER Board
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Chair • Howard Wilshire (USGS, retired)
tel & fax: 609-397-8213 email: njpeer@peer.org
Member • Frank Buono (National Park Service, retired)
Rocky Mountain PEER • P.O. Box 280396 Lakewood, CO 80228 Member • Louis Clark (G.A.P. President)
tel: 303-316-0809 fax: 303-322-4689 email: rmpeer@peer.org Member • Dr. Adam Finkel (former OSHA Executive)
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tel: 520-906-2159 email: swpeer@peer.org
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PEEReview
Environmental Protection Agency
Spring 2008
Interior Department
“Carving up Sears Island was a bad idea a decade ago and Another big conflict stems from the FWS Code urging agen-
is even a worse idea now,” stated New England PEER Direc- cy scientists to “support and participate in professional soci-
tor Kyla Bennett, a biologist and lawyer who formerly worked eties” yet the Interior Ethics Office advises that involvement
for the EPA and filed the complaint on the original Sears Is- in these scientific societies as more than mere members
land case. “Offering Sears Island up for a wetland mitigation constitutes an improper appearance of a conflict-of-interest.
bank does not even pass the straight face test when the only Some relief may be at hand. This spring, Congress will de-
restoration opportunities on the island consist of two sites, bate legislation drafted by PEER extending legal protection
totaling three-eighths of an acre.” to federal scientists.
PEEReview
U.S. Forest Service
Spring 2008
National Park Service
Great Green-Wash of the Grand Canyon
T
he Interior Department strove to not consistent with current
make a media showcase for a con- best information;” and
troversial one-time flush of the
Grand Canyon. Interior hoped to drown out • “Inclusion of additional
sharp dissent from both the Grand Canyon high flow experiments
National Park and the U.S. Fish & Wildlife must be included…Based
Service – and broadcast by PEER – that the on current scientific infor-
March 4th “high-flow experiment” may do mation, lack of inclusion
more harm than good. of additional high flows
could lead to impairment
One Interior PR official salivated about the of the resources of Grand
perceived publicity coup: Canyon National Park.”
“DOI [Department of Interior] de- “In its last months, the Bush
Master of Ceremony. Interior Secretary Dirk Kempthorne
serves to be in the spotlight on this administration is trying to ex- came out to inaugurate the “high-flow experiment”
event – it is a tribute to the Depart- tend its control through the
ment’s commitment to scientific term of its successor – a dead
understanding as the best possible man’s hand throttling Colorado River man- mental Assessment was not biological but
route to managing and protecting agement,” stated PEER Executive Director “socioeconomic” citing the issue of “envi-
our Nation’s resources.” Jeff Ruch. “This high-flow stunt is nothing ronmental justice” – a concept championed
but a green wash to mask yet another be- under the Clinton administration that has
In fact, Interior’s top specialists felt that
trayal of the Grand Canyon by its political fallen into almost complete disuse during
the experiment is a triumph of politics over the past seven years. The “environmental
custodians.”
science. The concern was not with the 60- justice” argument is based upon potentially
hour high flow experiment itself but the Perhaps most ironically, the basis for steady higher (but unquantified) electricity costs
condition imposed by Interior that no fur- flows offered in the Reclamation Environ- working a hardship on poor customers.
ther high-flow flushes of the Grand Canyon
could occur for another five years. Thus,
whatever biological benefit gained from a In the Shadow of the Mojave Cross
single surge is lost if not repeated and flows In its latest effort to stop court-ordered transparent “attempt by the government to
do not return to a more natural pattern. removal of an-eight foot cross from the evade the injunction against the display of
middle of the Mojave National Preserve, the Latin cross” on federal land.
Since the Glen Canyon Dam was finished in
the U.S. Justice Department is arguing that
1963, the Colorado River’s volume through In response, the Justice Department peti-
the National Park Service has no “author-
the Grand Canyon has been artificially reg- tioned the 9th Circuit for rehearing by ar-
ity to manage private land” within the park
ulated at the expense of its natural ebb and guing, among other things, that the Nation-
system. If upheld, Justice’s position would
flow. Scientists both in and outside Interior al Park Service lacks authority over lands
strip the Park Service of the power to man-
have argued to vary water levels to more within national parks that are not federally
age an estimated five million acres of non-
closely mimic the river’s natural rhythms, owned. “Ironically, the Justice Department
federal lands embedded within the 84 mil-
including periodic high flows to lift ac- is representing the Park Service by taking
lion-acre National Park System.
cumulated sediment onto beaches and aid a legal stance that undermines its client’s
propagation of endangered canyon fish. The legal fight over removal of the Mojave mission,” stated PEER Board member
Cross has spanned the entire tenure of Bush Frank Buono, the former deputy superin-
In a February 19, 2008 letter, Grand Can-
administration. It is the quintessential ex- tendent of Mojave National Preserve who
yon National Park Superintendent Steve
ample of the Bush Justice Department go- brought the suit to remove the Mojave
Martin decried the lack of any scientific
ing to extremes to defend display of Chris- Cross, noting that a request from another
basis for the “steady flow periods” or for
tian symbols on federal lands. party to install a Buddhist stupa at the site
limiting options to conducting only one
of the Mojave Cross was rejected.
high-flow event in a five-year span: In 2003, the Bush administration supported
a scheme to exchange the one federal acre The Mojave Cross is one of several in-
• “It is not apparent where the 80 mil-
with the Mojave Cross into private hands, stances in which the Bush administration
lion dollars in research, conducted
within the boundaries of the Mojave Na- has pushed Christian displays and creation-
over the last 10 years has been used
tional Preserve. In September 2007, the ist interpretations in national park facilities,
in this decision-making process. Our
9th Circuit upheld a district court ruling an effort which PEER calls “Faith-Based
analysis shows that this document is
that the land exchange was “a sham” and a Parks.”
PEEReview
National Park Service
Court Victory for Chief
T
he U.S. Court of Appeals for the a new Interior Office of Inspector
Federal Circuit has upheld the chal- General report which found that
Spring 2008
Department of Homeland Security
Border Now Lawless in 30 More Ways
U
sing a power which he swore to use only as a last resort,
Homeland Security Secretary Michael Chertoff waived
the provisions of 30 laws, including several environmen-
tal statutes, to speed the construction of a fence along our border
with Mexico. Chertoff is now being called on the carpet to explain
why he acted so precipitously and Congress is now considering
revoking the waiver authority it so unwisely gave the Homeland
Security Secretary.
Sonar Shenanigans
The U.S. Navy’s new low frequency sonar arrays have
been linked to deaths of whales and dolphins by blow-
ing out their acoustic systems. Despite this concern,
the Navy wants to use the sonar extensively in waters
off Southern California for training exercises. After los-
Mule Deer at Border Fence. Southwest PEER is working on identifying ing several court battles with conservation groups who
and addressing environmental problems created by the construction of want the Navy to employ safeguards to protect marine
walls and other barriers on our border with Mexico.
life, the Navy persuaded President Bush to declare a
national security emergency to allow the sonar training.
Tennessee Corner
Fortunately, the federal courts are not buying it and have
found the emergency declaration “constitutionally sus-
pect” – largely because the claim of a national security
Anonymous Whistleblowers Unite emergency has no basis in fact.
Something set off State Rep. Jason Mumpower, who intro-
In finally preparing environmental assessments, the
duced a bill to prohibit the Department of Environment and
Navy admits that these exercises would likely injure
Conservation from taking any “investigative or enforcement
actions of violations of environmental laws based solely or kill more than 94,000 marine mammals a year. The
upon information submitted by an anonymous source.” This Navy is asking the U.S. Supreme court to intervene
profoundly dumb measure died a quiet death in a legislative
corner. No one claimed credit for its demise, fueling the ru-
mor that it was done in by anonymous sources. Signing Statement Middle Finger
Barking up the Wrong Tree In signing the 2008 Defense Authorization Act, President
After much legal huffing and puffing by Tennessee PEER, Bush singled out a section extending whistleblower protec-
the Upper Columbia Regional Airport has altered its expan- tions to employees of military contractors – to say that he
sion plans to spare ten acres of very important, high-quality would ignore it. In one of his infamous “signing statements”
wetlands. The wetlands are a real treasure for local bird- Bush said the new whistleblower provisions “could inhibit
watchers and home to the Tennessee barking tree frog, a the President’s ability to carry out his constitutional obliga-
very real but very threatened species. tions to take care that the laws be faithfully executed, to
protect national security, to supervise the executive branch,
Mitigate Thyself
and to execute his authority as Commander in Chief.” Cut-
A developer illegally filled in some wetlands outside of Nash- ting through this vague verbiage, our President appears to
ville but it turns out those wetlands had been designated as be saying that he would appreciate fewer exposés of waste,
mitigation for another project by the Tennessee Department
fraud and abuse by military contractors.
of Transportation. The construction industry, however, op-
erates under the notion that mitigation means you can do By contrast, confronting the same problem in a different
whatever you want with never having to say you are sorry war, President Abraham Lincoln sponsored a bill authoriz-
(see the “Yes, Net Loss” wetlands campaign on the PEER
ing citizen suits to recover contractor fraud against the gov-
website). It took a lawsuit but Tennessee PEER was able
to enforce the wetlands protection law, collect attorneys’
ernment. That law, now called the False Claims Act, is still
fees and an agreement to perform additional mitigation work on the books and winning taxpayers back more than a bil-
– and, if past is prologue, another developer will come along lion dollars a year – and it contains the same sort of whistle-
and try to build on the new mitigation we just won. blower protections our current president finds anathema.
PEEReview
Florida
Lab Manager Seeks to Clear Manatee Mystery Documents
Florida’s Murkiest Waters
F
lorida’s program to clean up its waters has been undermined
by top state officials who tolerated tainted data, destroyed
records and ignored federal anti-pollution rules, according
to a lawsuit filed by PEER on behalf of Tom White, a scientist with
19 years experience in the Florida Department of Environmental
Protection (DEP). White was the senior chemist in the Port St.
Lucie laboratory until he was terminated based on allegations of
data fraud, but DEP has been unable to identify which particular
data were allegedly altered or how.
Not only does White adamantly deny that he had altered any data,
the suit details that he was the one who blew the whistle on im-
proper oversight of lab operations. Problems identified by White
impeached the integrity of South Florida water quality plans and
should disqualify the state for federal grants. Malign Neglect. Wounds from propellers and boats are the
leading cause of manatee mortality.
White is also suing seven current and former top DEP officials per-
sonally, including Pinky Hall, the Inspector General. The lawsuit Even as it seeks to downgrade protections for the endangered
charges that DEP’s failure to address these deficiencies compro- Florida manatee, the Bush administration is withholding re-
mised thousands of water quality samples and “delayed by years cords about how well those protections are implemented, ac-
the cleanup of polluted waters in South Florida.” cording to a lawsuit filed by PEER. The lawsuit charges the
U.S. Fish & Wildlife Service (FWS) with violating the Free-
dom of Information Act for failing to release –
Wetlands Pollute – Who Knew? • Status reports on repair needs and visibility of speed limit
The U.S. Environmental Protection Agency has accepted a devel- and warning signs in Florida waters;
opment model that has been criticized for assuming that wetlands
are a source of pollution – pollution that can be cured by develop- • Evaluations of the effectiveness of its signage in prevent-
ment. Overruling its own specialists, EPA is opening the door to a ing death or injuries to manatees; and
new wave of mega-developments that will sharply erode Florida’s
already declining water quality. The agency has agreed to over- • An explanation of why FWS has yet to adopt rules for-
look warnings of more toxic algae outbreaks, growing saltwater bidding harassment in swim-with interactions between
intrusion and spreading groundwater contamination. manatees and humans.
Central to Florida’s approach is reliance upon larger artificial
ponds to contain storm-water runoff. This method, however, falls As an endangered species, manatees are not supposed to be
well short of meeting minimal water quality standards. In addition, harassed by humans. Yet right outside of a federal sanctuary,
experts predict the holding ponds will be prime breeding grounds tourist resorts urge patrons to swim with manatees. Sea cows
for toxic algal blooms that increasingly plague state waters. are poked, kicked, chased and calves become separated from
Final approval was delayed in 2003 by the public resignation of their mothers. PEER is asking why FWS has not acted.
EPA scientist Bruce Boler in protest. Although specialists continue
to have grave reservations, Regional Administrator Jimmy Palmer
Despite a record level of manatee deaths in 2006 and a high
ordered them to stand aside. EPA’s final evaluation was “sanitized” level in 2007, the Bush administration is pushing to downgrade
but even the final, censored version raises large red flags: the manatee from endangered status even as the State of Flori-
da shelved its own efforts to downgrade the protective status of
“EPA Region 4 cannot verify the conclusions of the new state-
wide model. The approach leaves wide room for user inter- the manatee. The downgrade will facilitate more marinas and
pretation with minimal references for such interpretation. This other coastal construction.
could result in inaccurate analyses, poor project designs that
do not achieve pollutant removal targets and ultimately, de- “The manatee protection information we are requesting is pre-
graded water quality.” cisely the sort of data the Fish & Wildlife Service should be
actively tracking – they should not have to go on an archaeo-
“If this is an endorsement what does EPA’s disapproval look like?”
logical expedition to dig it up,” stated PEER Counsel Adam
asked PEER Executive Director Jeff Ruch, noting that EPA has
dropped objections to destruction of large tracts of wetlands in a Draper, who filed the suit. “We are trying to find out whether
slew of cases. “For all intents and purposes, EPA has ceased to these endangered species are dying needlessly because the safe-
exist in Florida.” guards that are supposed to be in place are, in fact, missing.”
Spring 2008
PEER Perspective
Client 9, Please Call Home
C
Kansas Governor Kathleen Sebelius
Gov. Sebelius vetoed a bill that would have sited
two new coal-fired power-plants and stripped state
regulators of the ability to deny any others. In her veto
D Alaska’s Congressional Delegation
This is a shared Thumb for Rep. Don Young and
Sens. Ted Stevens and Lisa Murkowski for their
inveterate pork-aholic ways. Their latest “Road
message she said, “Of all the duties and responsibilities to Nowhere” goes right through the heart of the Izembek
entrusted to me as governor, none is greater than my obli- National Wildlife Refuge across protected wilderness.
gation to protect the health and well-being of the people of The proposed 9-mile road would connect two tiny villages
Kansas.” Maybe now someone will have to write a book which have already benefited from a $37 million federal
called “What’s Right with Kansas.” subsidy (courtesy of guess who) for an upgraded airport
and hovercraft terminal – plus the hovercraft itself which
C
U.S. Fish & Wildlife Special Agent-in- can travel 58 MPH over water, ice or land. With fast de-
Charge Gary Mowad veloping corruption investigations swirling, this November
A fly-over of northeastern Colorado resulted in 80 Alaska’s voters may break up their congressional Gang of
citations for oil slicks in pits holding groundwater extracted Three before a grand jury can do the job.
by oil drilling. “These pits are like flypaper for birds; they
C
are killers and it’s very important they be identified and EPA Assistant Administrator Ben
cleaned up,” said Mowad, who led the joint federal-state Grumbles
enforcement effort. Once dead, the bird carcasses then
endanger scavengers, such as foxes and badgers. More than There has not been much to praise of late at EPA
a third of the pits have already been cleaned up. (see page 3), but the agency is standing up to “veto” one
of the most pernicious projects in the history of the Army
C
Great Basin National Park Corps of Engineers (and that is saying a lot) – the infamous
Superintendent Paul DePrey Yazoo Pumps. EPA has issued only 11 vetoes of Corps
projects using its powers under the Clean Water Act; the
Citing concerns about haze and acid rain, the last veto was back in 1990. The Yazoo Backwater Recla-
Great Basin National Park formally objected to a proposed mation Project, as it is formally known, would destroy an
coal-fired power-plant near Ely, Nevada as “unacceptable.” estimated 200,000 wetland acres in the lower Mississippi
While the park’s protest does not necessarily block the Delta – more wetlands losses than all previously vetoed
plant, the vehemence of the opposition was noteworthy. projects combined. Grumbles is EPA’s point person and
“Like a clean, white page, the relatively clear air in the therefore has to absorb the wounded bleating of one of the
Great Basin can be marred easily,” wrote park superinten- Senate’s leading water buffaloes and Yazoo patron, Sen.
dent DePrey, adding that “Dark night skies, for the first Thad Cochran of the great state of Mississippi.
time in history, are becoming an extinct phenomenon.”
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It must be getting awfully late in the Bush administration
when park managers can speak up publicly in defense of
Dr. Christopher DeRosa, toxicologist,
the resources in their charge. Centers for Disease Control
Speaking of candor and courage, Chris DeRosa
C
Bob Whitmore, Occupational Safety may take the cake for blowing the whistle on two high-
& Health Administration management profile agency cover-ups. One involves the long-term
data specialist negative effects of exposure to formaldehyde in the now
Allowing industry to self-report worker injuries means that infamous FEMA trailers. The other concerns a suppressed
official estimates vastly undercount actual occupational report about the health effects of pollution in the Great
accidents and illnesses, says Whitmore, who has overseen Lakes region. For his troubles, DeRosa has been stripped
OSHA’s data collection for twenty years. In some high-risk of his position as director of the Division of Toxicology and
industries, such as poultry processing, agency numbers are Environment at CDC’s Agency for Toxic Substances and
likely two to three times lower than reality. Both indus- Disease Registry – a position he held for 16 years. He asks,
try and OSHA vehemently dispute Whitmore’s analysis. “If I’m not an advocate for public health as a member of the
His counter: “I want to hold people accountable who are U.S. government, who is?” For now, DeRosa is spending
abusing workers. It’s as simple as that.” As a result of a a lot of time on Capitol Hill testifying about findings and
supposedly unrelated matter, Whitmore has been on ad- warnings his agency should have issued. If there is any
ministrative leave since July. So, if OSHA will not honor justice, he might find himself as the new director of CDC
his candor and courage, we certainly will. in the next administration.
10 PEEReview
Off-Road Penalties
Congress Gauges ORV Toll
T
he U.S. Congress held its first hearing on the growing toll matically cutting back on its ranger force. Gregory predicted that
exacted from public lands, visitors and budgets by irre- the current Forest Service effort to designate ORV routes will fail
sponsible off road vehicle (ORV) traffic. The House Nat- due to, among other failures, inability to keep thrill-seeking off-
ural Resources Subcommittee on roaders on designated trails.
National Parks, Forests and Public
Lands, chaired by Rep. Raul Grijalva The hearing took place almost one
(D-AZ), heard testimony from angry year after the Easter riots at Little Sa-
property owners, upset Indian tribal hara Recreation Area in Utah where
representatives and concerned law inebriated gangs of ORV riders ter-
enforcers, including Jack Gregory, rorized thousands of campers, result-
who testified for Rangers for Re- ing in 300 arrests and 37 injuries,
sponsible Recreation, a network of according to agency reports obtained
former state, federal and local law by PEER. This Easter things were
enforcement officers and land man- quieter but BLM had to assemble a
agers organized by PEER. more than 100 officer multi-agency
force to keep the peace.
In his testimony, Gregory gave a Subcommittee Chair Raul Grijalva thanks Jack Gregory for
blunt assessment of the gravity of the “While we are glad Congress is fi-
his testimony while Jack’s wife Jackie looks on.
current state of affairs: nally beginning to look at the havoc
wreaked by irresponsible ORV use
“Irresponsible off-roading has be- on our public lands, the hard work
come such a menace that it is now is just beginning,” stated Southwest
the single greatest threat to American PEER Director Daniel Patterson,
landscapes.” who organized Rangers for Respon-
sible Recreation. “We need much
Besides rapidly escalating damage to
tougher penalties for ORV abuse,
forest streams, wetlands, ravines and
such as vehicle forfeiture, provided
meadows, Gregory detailed ORV-
there are enough boots on the ground
generated law enforcement problems
to enforce basic protections.”
that are spinning out of control, in-
cluding – Taxpayer costs from ORVs were
another hearing topic. Statistics
• Forest fires sparked by red-hot A Ranger for Responsible Recreation. Jack Gregory, the
gathered and surveys conducted
engines touching off dry grasses; retired Forest Service law enforcement agent in charge of the
southern region, testified for PEER. by PEER show that ORVs are now
• Drug smuggling and illegal alien overwhelmingly the top law enforce-
trafficking; and ment drain on public lands. To docu-
ment long-term costs, Rep. Grijalva has requested a study by the
• Mounting injuries, particularly to young, untrained riders. Government Accountability Office into ORV damage inflicted on
In the face of rising ORV lawlessness, the Forest Service is dra- public lands.
Spring 2008 11
U.S. Army Material Command
Arctic Wildlife Trampled Yukon Refuge Oil Rush
continued from page 1 Of course, PEER is continuing to publish continued from page 1
releases of incriminating documents. Its internal documents that anguished scien-
to water quality and the risk of oil spills.
Associate Solicitor wrote PEER – tists have provided to us, with many more
disclosures to come. Lawsuits brought by “Interior is trying to accomplish on the Yu-
“We request that you immediately conservation groups and Native communi- kon what Congress denied them on the Arc-
cease your unauthorized publication ties contend that Interior failed to honestly tic National Wildlife Refuge,” stated Grady
of these privileged communications reflect dangers to endangered marine life, Hocutt, a former long-time refuge manager
and return them to MMS, along with such as bowhead whales, as well as to po- who directs the PEER refuge program.
other MMS communications or doc- lar bear populations struggling to cope with “The net result will sweep a vital wildlife
uments in your possession that MMS shrinking sea ice due to global warming. refuge into an oil rush, crisscrossed with
has not authorized for disclosure.” These suits rely on the PEER documents. pipelines and roads.”
Thank you!
We gratefully thank the Agape Foundation,
Arabella Legacy Fund, the Brainerd
Foundation, the French Foundation, and
the Herb Block Foundation for their recent
grant support. We would also like to thank
Barbara Meislin, Mr. & Mrs. Thomas Brown,
Robert Dresdner, Mark Kleiman, and other
anonymous members for their generosity.
Ways to Give
There are many ways you can make a special gift to
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us to support public employees in safely and effectively
advocating for sound environmental stewardship, as well
as government integrity and accountability. Gifts can also
spread the word about our work and help expand the PEER
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Employee Campaigns
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