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PEEReview

A Publication of Public Employees for Environmental Responsibility


Polar Oil Stampede Tramples Arctic Wildlife
I
n its final months, the Bush administration is push-
ing to open vast areas of the Arctic Ocean to oil
Spring and gas development. Standing in the way are the
federal scientists who were supposed to prepare the
2008 environmental reviews needed to clear the way for
lease sales in the Chukchi, Beaufort and Bering Seas.
At stake are the fates of marine species, including the
polar bear, the endangered bowhead whale, Pacific
walrus, seals, threatened eider, and a host of other ma-
rine birds and fish.
These conscientious specialists have come to PEER
for help. Armed with their files, PEER is releasing a
torrent of internal e-mails and documents from Inte-
rior scientists raising troubling questions about how Yukon Refuge Oil Rush
badly environmental assessments of Arctic offshore A massive land-for-oil swap in the Yukon Flats
oil development were skewed. These e-mails have fu- National Wildlife Refuge will open much of east-
eled lawsuits that threaten to stymie new lease sales. ern Alaska up to petroleum development. The
land exchange is moving quickly despite the ab-
The Interior Department is scrambling to stanch the
sence of any land appraisals for the more than
flow of dissent from its own scientists that undermines
half-million acres involved. One estimate pegs
the legality of its aggressive offshore oil and gas lease
potential Yukon oil resources at one-third the size
program. The e-mails demolish Bush administration
of Alaska’s largest North Slope field.
claims that environmental risks to Arctic waters were
adequately considered prior to offering tracts for drill- Yukon Flats is considered one of the greatest wa-
ing. Reflecting this mounting concern, Interior’s Min- terfowl breeding grounds in North America, lo-
erals Management Service (MMS), issued this order cated on the eastern side of the state along the Ca-
to all employees: nadian border and bisected by the Yukon River.
“…we have been di- Currently, there is no oil development in the re-
rected to refrain from gion. The trade would put the refuge’s most com-
discussing the PEER mercially promising areas under corporate con-
press releases and the trol and facilitate pipelines to carry oil and gas
e-mail messages with to market, according to a protest filed by PEER.
anyone outside our or- The Draft Environmental Impact Statement for
ganization including the exchange outlines a panoply of potential det-
any representative with rimental impacts, including higher air pollution,
the media.” discharge of greenhouse gases, “excessive draw
down of surface waters,” loss of wetlands from
Interior’s lawyers are try-
drainage to build oil platforms, as well as threats
ing to prevent further
continued on page 12
continued on page 12

u Nationwide Lead Paint Settlement, page 3

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

On Reaching Age 15 and the Idealism of Youth


L
ater this year, PEER will celebrate its 15th birthday, and ing to both the big organization and to Rep. Bono Mack. In re-
like any other teenager, we still have a strong sense of mor- sponse, PEER was summarily banished from the coalition by this
al certitude. In our case, we struggle with other “green” same group that recruited us to join. Then they bought a half-page
organizations which, in our view, compromise ideals to cut deals. newspaper ad to laud Rep. Bono Mack for her “leadership on the
National Landscape Conservation System.”
While I often refer to the biodiversity of the environmental move-
ment (some groups are slow and consensus-driven while others Kicking PEER out of their club was an impotent act of retaliation
are intensely political and still others require access to the halls of that does not affect us one whit. But this tempest in a teapot is
power to thrive), we recently had an experience that raised some indicative of a mindset often seen here “Inside the Beltway” that
hackles. PEER was invited into a coalition to help codify the Na- causes grassroots groups across the country to gag in disgust.
tional Landscape Conservation System. Unbeknownst to us, the
major environmental organization financing the coalition had cut Let me be clear, PEER does not strive for access or influence – our
a deal to exclude one fourth of the system (see “BLM’s Six Mil- only goal is rendering faithful and effective service to conscien-
lion-Acre Sleight of Hand” on page 11) to satisfy the local Re- tious public servants struggling to make the planet better. We do
publican Congressperson Rep. Mary Bono Mack. Even though not trade off employees’ concerns to be better liked, either on or
the coalition was and still is nominally committed to including all off Capitol Hill. As our motto says, PEER protects those who
27 million acres in the National Landscape Conservation System, protect our environment. Our purpose is clear and that is what
the coalition organizer was working behind the scenes to keep the steers our conduct.
crown jewel of that system, the California Desert Conservation So, to many, this means that we have still not grown up and we
Area, out of it. are not invited into the back rooms where the cynical “grown ups”
Alerted by angry BLM employees in California, PEER blew the gather. So be it. For when we have lost our driving idealism, we
whistle on the deal. That generated publicity that was embarrass- will have lost our way.
— Jeff Ruch

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
tel: 850-877-8097 fax: 850-942-5264 email: flpeer@peer.org Membership • Justin Haas
PEEReview Layout • Dana Serovy
New England PEER • P.O. Box 574 North Easton, MA 02356
tel: 508-230-9933 fax: 508-230-2110 email: nepeer@peer.org
PEER Board
New Jersey PEER • P.O. Box 1 Ringoes, NJ 08551
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)
Southwest PEER •738 N. 5th Ave., #210, Tucson AZ 85705 Member • Magi Shapiro (Army Corps, retired)
tel: 520-906-2159 email: swpeer@peer.org
PEEReview is the quarterly newslettter of
Tennessee PEER • 4443 Pecan Valley Road Nashville, TN 37218 Public Employees for Environmental Responsibility
tel: 615-313-7066 email: tnpeer@peer.org 2000 P Street, NW • Suite 240 • Washington, D.C. 20036
Alaska Forum for Environmental Responsibility tel: 202-265-7337 • fax: 202-265-4192
P.O. Box 188 Valdez, AK 99686 tel: 907-835-5460 fax: 907-835-5410 email: info@peer.org • website: http://www.peer.org

 PEEReview
Environmental Protection Agency

Lead-Safe Rules to Protect 1.4 Million Kids a Year


I
n one of its most far-reaching regulatory initiatives, the Bush
administration adopted rules requiring that repairs and renova-
tions in pre-1978 housing and child-care facilities are done in
a lead-safe manner. These lead-safe repair and renovation rules
were finalized under a settlement of a lawsuit brought by PEER.
An estimated 20 to 30 million older-home repair projects each
year are done without lead-safe cleanup practices. In February
2000, the President’s Task Force on Environmental Health Risks
and Safety Risks to Children found that—
• Lead-safe renovation practices are the key to protecting
the largest number of children;
Better Late Than Never. EPA estimates that the rules will protect 1.4
• Dust and soil tainted by lead paint are now the main sourc- million children under age 7 living in 4.9 million residential units.
es of childhood lead exposure; and By law, the U.S. Environmental Protection Agency was supposed
• The benefits of eliminating these lead paint hazards far to adopt lead-safe regulations for repairs and renovations in older
outweigh the costs. housing by 1996. In 2005, EPA secretly made a decision to aban-
don developing the belated rules altogether. Tipped by agency
employees, PEER exposed the dereliction and sued the agency to
Low Ebb at EPA force compliance.
As required in its settlement with PEER, EPA imposed lead train-
The mildest modifier one can use to describe the current
ing, certification, and lead-safe work practice requirements for
state of EPA Administrator Stephen Johnson is embattled.
Johnson is undergoing one of the most painful political au- contractors on all pre-1978 single and multiple-unit dwellings. In
topsies in memory over his decision to deny California’s addition, the agency agreed to cover day-care centers and other
requested waiver to regulate greenhouse gases, contrary child-occupied buildings (darn nice of them).
to staff advice that he was legally required to grant it. Con-
gressional subpoenas have been issued for his briefing
documents and communications from the White House. Dude, What’s in My Water?
EPA’s General Counsel abruptly resigned. Johnson is now Despite recent media coverage, scientists have known about
resorting to what is called “the Alberto Gonzales defense” the widespread presence of chemicals from pesticides, phar-
– failing to recall much of anything. Meanwhile, his key maceuticals and personal care products in our drinking water
staff has been deposed under oath by congressional in- for decades. In 1996, Congress ordered EPA to address the
vestigators and, in an ironic twist, EPA is demanding to see issue, but the agency missed deadlines and avoided address-
the transcripts to make sure their testimony is “accurate ing deepening contamination, according to a PEER analysis.
and complete.”
Chemicals from over-the-counter and prescription medica-
Then, again taking orders from the White House, John- tions, dietary supplements, hormones, cleaning agents and
son overrode his scientific advisors in setting new ozone other products are not completely metabolized by the human
standards – sparking yet another firestorm. Finally, in a body and are not screened in water treatment, and thus end
stinging rebuke, unions representing the vast majority of up being discharged into rivers and lakes and entering our
EPA scientists and other specialists cut off future discus- drinking water supplies. EPA’s webpage on pharmaceuticals
sions with Johnson for his mendacity on a host of scientific and personal care products contains a flat assertion that
integrity, information suppression and workplace relations these chemicals do not harm humans: This assertion, how-
issues (the union letter is posted on our website). ever, is contradicted not only by scientists outside of EPA, but
also from EPA’s own scientists and publications.
In response to a PEER-authored cover story in The En-
vironmental Forum cataloguing these and other woes, “On issues of emerging contaminants in our water, EPA is
Deputy EPA Administrator Marcus Peacock insisted that, moving with all deliberate delay,” stated New England PEER
contrary to our assessment, what was really going on is Director Kyla Bennett, a former EPA biologist and lawyer who
“the genesis of a new era of environmental successes” prepared PEER’s analysis and is spearheading our campaign
and that in this last year “we’re heeding President Bush’s on the issue. “Fetuses are at risk from even one part per qua-
call to ‘sprint to the finish.’” Johnson and Peacock may drillion of certain of these chemicals. This exposure pathway
indeed need to sprint to get out of town. should be cause for great concern, not bland assurances.”

Spring 2008 
Interior Department

Interior Attorney Whistleblower Settlement


I
n regard to the whistleblower case of Interior Field Solici- Immediately upon his resignation, Mr. McCarthy began his new
tor Robert McCarthy {detailed in PEEReview Fall ‘07}, the job as Managing Attorney of the Oklahoma City Law Office for
Office of the Solicitor and PEER jointly issued the following Legal Aid Services. “We could not be happier for Robert McCar-
statement announcing a global settlement: thy,” stated PEER Senior Counsel Paula Dinerstein.
“Mr. Robert McCarthy and the Office of the Solicitor, U.S. De- On October 23, 2007, McCarthy was a key witness against the
partment of the Interior, have jointly come to an agreement that government and his own agency in the multi-billion dollar class
resolves all outstanding cases and controversies between them. action lawsuit Cobell v. Kempthorne. His testimony contradicted
Pursuant to the agreement, which is in the best interests of both Interior’s central defense that it can accurately account for income
parties and does not admit any liability or wrongdoing on the part from leases of 300,000 Indian landowners and was cited by the
of either party, Mr. McCarthy will end his government service ef- judge in his ruling for the plaintiffs.
fective February 16, 2008.”

Pave Paradise and Put Up a Cargo Port


Scientists in Ethics Bind
In an effort to control damage from a series of scientific
scandals, the U.S. Fish & Wildlife Service has placed its own
professionals in an ethical bind by issuing contradictory and
confusing directives, according to a PEER analysis. On the
one hand, agency scientists are encouraged to be open and
honest, but on the other hand, they are under orders not to
share any agency scientific “documents, assessments and
drafts” with outsiders.
On January 28, 2008, the Fish & Wildlife Service (FWS)
adopted a groundbreaking “Scientific Code of Professional
Responsibility” which tells agency scientists to –
Sears Island. Called “Place of Shining Sands” by the Penobscot
Indians, Sears Island shelters more than 200 varieties of turtles, • “Place reliability and objectivity of scientific activities,
birds and mammals, including six state or federally protected
reporting and application of scientific results ahead
species, among 73 different wetlands.
of…allegiance to individuals and organizations;”
The Maine Department of Transportation wants to turn Sears
• “Distinguish between positions that are rooted in
Island in Penobscot Bay into a cargo container port, accord-
scientific information assessments and those rooted
ing to an agency scenario exposed by PEER. Under the
in organizational values, and make this distinction in
plan, more than a third of the largest uninhabited island on
written and oral presentations;” and
the Eastern Seaboard would be paved over and the rest
used as a “mitigation bank” to facilitate wetlands destruction • “Disseminate scientific information to the scientific
elsewhere in the state. community and the public to promote understanding
and appreciation for fish and wildlife and their habi-
This latest plan comes twelve years after a similar scheme
tats.”
by the Maine Department of Transportation (DOT) collapsed
after DOT and its consultants told numerous federal agen- These laudable precepts stand in sharp contrast to “guid-
cies that there were no wetlands on the island – and then ance” issued by FWS Director Dale Hall warning scientists
proceeded to illegally fill more than 10 acres of them. The to avoid “premature briefings:”
U.S. Environmental Protection Agency filed a civil enforce-
ment action against DOT and its contractors. DOT settled the “[I]t is imperative that all documents, assessments and drafts
case for $800,000 worth of wetland restoration and preserva- remain inside the Service, except for discussions as appro-
tion efforts. priate with recognized federal and state peers.”

“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

Massive Reorganization Dropped


T
he U.S. Forest Service has aban- turing was designed to facilitate outsourc- posed actions.
doned a massive restructuring of its ing all this work. In December, however,
environmental planning that would Congress blocked further privatization of “Nothing is more inefficient than losing
have pulled its biologists and other special- Forest Service activities for this Fiscal Year a lawsuit that forces the agency to throw
ists out of national forests. This retreat fol- – another factor acknowledged by Kimbell away months of effort and millions of dol-
lows a series of recent setbacks in efforts in her memo. lars,” PEER Executive Director Jeff Ruch
to privatize large portions of Forest Service commented, noting that the Forest Service
operations. Lost in the search for “NEPA efficiency” does not hold its managers accountable
is the steep decline in the quality of NEPA when their handiwork is found to violate
Under the plan, thousands of employees planning within the Forest Service, which federal law. “In the Forest Service, the
posted to forests across the country would has lost an embarrassingly long string of motto is ‘Screw up and move up’ meaning
have been reassigned and consolidated into environmental lawsuits charging the agen- that those responsible for these legal train
six “eco-centers.” Altogether, more than cy with failing to adequately consider the wrecks tend to get promoted and rarely suf-
a quarter of the agency’s entire workforce consequences of, or alternatives to, its pro- fer even the slightest reprimand.”
would have been affected. The object of the
plan was to “streamline” work performed
under the National Environmental Policy GAO Report on Outsourcing Havoc
Act or NEPA, the basic planning law that A Bush White House initiative that pres- mistic terms in its publications, yet this
shapes major resource decisions. sures federal agencies to put civil service report employed blistering language:
This agency-wide reorganization, which jobs up for bid by private contractors has
wreaked havoc in the Forest Service, “This is a massive undertaking whose
had been on the verge of adoption this long-term success will depend on a
according to a recent Government Ac-
fall, is being shelved to “avoid additional countability Office. The GAO found the realistic strategic plan, clear guidance
disruption and confusion,” according to program put the nation’s fire response to identify the key work activities that
the February 20, 2008 memo from Forest capabilities at risk, violated congressio- should be excluded from competition,
Service Chief Abigail Kimbell obtained by nal restrictions and used shady account- and a strategy to assess the cumulative
PEER. ing practices to hide costs – findings that effect that outsourcing a large number of
validate past criticisms by PEER. federal jobs could have on its firefighting
With little time left in the Bush adminis- capability. Unfortunately, the Forest Ser-
tration, it is unlikely that the plan will be GAO typically uses guardedly euphe- vice has none of these in place.”
revisited anytime soon. The NEPA restruc-

Forest Service Fielding Fleet of Drones


The U.S. Forest Service has purchased pilot-less aircraft to • Has little practical law enforcement ap-
provide day and night photo reconnaissance for its law en- plication in the national forests and reflects
forcement program. The two “Sky Seers” cost taxpayers a “boys with toys” mentality among LE&I
$100,000 yet the Forest Service could produce no leadership;
documents spelling out what they want to use
drones for or why pilot-less craft are pre- • May also sit in storage because LE&I lacks
ferred, in response to a Freedom of Infor- qualified personnel to operate the drones; and
mation Act request from PEER. • Is a low priority when the Forest Service is
The drones purchase took place shortly cutting back on the number of
after the Forest Service Law Enforce- Special Agents and enforce-
ment & Investigation (LE&I) program ment officers.
spent $600,000 buying tasers for its entire “The Forest Service is buying
enforcement staff, without any guidelines or glitzy hardware with zero justi-
training program. The tasers are still sitting in fication as to why this is a good
storage cartons. After PEER revealed the taser use of tax dollars,” stated PEER
fiasco, LE&I staff told PEER about the Executive Director Jeff Ruch.
drones and suggested a records request Eye in the Sky. The Sky Seers purchased by “Are they going to buy Robo-
in order to validate staff concerns that the the Forest Service cruise silently at 7,000 feet
Rangers next?”
purchase – and can hover in place for more than an hour.

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

photo from the Washington Post


lenge of Teresa Chambers to her the Park Police is still plagued by
removal as Chief of the U.S. Park Police. inadequate force levels and fund-
The appeals court sent her case back to a ing. Ironically, her successor,
federal civil service board to correct its Chief Dwight Pettiford, has been
failure to recognize that Chief Chambers suspended by Interior after he an-
was removed “in reprisal for making a pro- swered a question from the Post
tected disclosure” under the Whistleblower about the security of the monu-
Protection Act. ments on the National Mall by
saying, “They’re still standing.”
The court ruling affirmed that police and
The U.S. Park Police Really Need Her Now. Teresa
other public servants are legally protected Meanwhile, the problems she Chambers is now the Chief of Police in Riverdale Park,
when raising warnings about “a risk to highlighted have only worsened. Maryland.
public safety.” As such, this decision will The number of U.S. Park Police
also have broad application beyond Chief officers is the lowest it has been in
her long legal fight. “Now is the time for
Chambers to personnel within Homeland twenty years. Despite adding new recruits,
Interior to bring Chief Chambers back to
Security and related agencies who report the Park Police cannot keep up with attri-
solve the problems she risked her career to
security breakdowns. tion. At the same time, records compiled
raise.” All of the Interior Department and
by PEER show record levels of assaults on
The U.S. Interior Department removed National Park Service appointees who were
officers who are often forced to respond to
Chief Chambers from her post overseeing involved in the suspension and removal of
incidents without back-up.
the U.S. Park Police after she confirmed Chambers have since either resigned, been
serious staffing shortages in an interview “This is a great victory for Chief Cham- reassigned, or, in the case of then Deputy
with the Washington Post. The substance of bers,” stated PEER Executive Director Jeff Interior Secretary Steven Griles, impris-
Chief Chambers’ concerns was validated in Ruch. PEER has represented Chambers in oned for lying to Congress.

Environmental Whistleblowers Face Longer Odds


Employees who face reprisal for reporting the detriment of the whistleblower: Circuit Court of Appeals, only to have the
pollution, public health risks or other envi- ARB rule a third time against the worker.
ronmental violations are finding the Bush • Reversals of whistleblower verdicts
administration a major obstacle to relief, rose 250% during the Bush years. In That case involves a safety officer named
according to a PEER analysis. The record 2004 alone, Sec. Chao’s ARB reversed William Knox who reported an asbestos
of overseeing anti-retaliation provisions of three times as many pro-whistleblow- problem at the agency’s Job Corps Center
seven major environmental statutes for cur- er decisions as were reversed in four in Harper’s Ferry, WV. In response, the
rent Labor Secretary Elaine Chao has been Clinton years; Park Service first tried to fire Knox and then
starkly anti-whistleblower. cut his pay, transferred him and reduced
• Fewer than 3 out of 10 pro-whistle-
his duties. Knox filed a complaint under
blower decisions were upheld under
PEER analyzed all of the decisions by the the Clean Air Act. After a 29-day hearing,
Bush versus 7 out of 10 under Clinton;
Labor Secretary’s Administrative Review the judge awarded punitive damages of
and
Board (consisting of three lawyers selected $200,000, one of the highest awards against
by the Secretary) under the whistleblower • In one period, Sec. Chao’s ARB re- a federal agency, citing “outrageous” mis-
provisions of the Clean Air Act, Safe Drink- versed 10 out of 11 pro-whistleblower conduct by the Park Service as reprisal for
ing Water Act, Superfund, Clean Water Act, decisions. “brave, dedicated and conscientious pub-
Toxic Substances Control Act, Solid Waste lic-spirited” reports by Knox.
For public employees, Secretary Chao is
Disposal Act and the Energy Reorganiza-
erecting new barriers, such as invoking the “Bill Knox’s experience epitomizes what is
tion Act (which covers nuclear materials).
doctrine of sovereign immunity (based on wrong with our system for protecting en-
The Administrative Review Board (ARB)
the old English common law principle that vironmental whistleblowers,” stated PEER
reviews all decisions from non-partisan
“The King can do no wrong”), to bar feder- Staff Attorney Adam Draper, who prepared
administrative law judges following a full
al employee claims. In another case, ARB the analysis and is handling Knox’s case.
evidentiary hearing.
rulings against a National Park Service em- “From the point of view of workers’ rights,
Under Secretary Chao, a much higher per- ployee have been unanimously overturned this Secretary of Labor should be re-titled
centage of these verdicts are overturned to twice by the conservative U.S. Fourth Secretary of Toil and Trouble.”

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.”

C
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.

BLM’s Six Million Acre Sleight of Hand


A legislative attempt to protect all Area. More than six millions acres CDCA out of the system and hope
of the national monuments, historic – an area bigger than New Jersey that no one noticed.
trails and conservation areas within – would be excluded without a word Alerted by BLM employees, PEER
the U.S. Bureau of Land Manage- of explanation. blew the whistle and now Sen. Di-
ment was drafted with a techni-
On its website, BLM depicts the ane Feinstein (D-CA) is vowing to
cal trap door. The bill to codify the
California Desert Conservation Area fix the “glitch.” But this was no in-
National Landscape Conservation
(CDCA) as part of the proposed advertent slip. Rescuing the CDCA
System (NLCS) leaves out most
NLCS in maps and fact sheets. will require finding out just who
of what some call its crown jewel
But, behind-the-scenes, a decision made the decision to axe it and
–the California Desert Conservation
had been made to drop most of the why.

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.”

Read Samples of What Was Suppressed


Invasive Species Warning Stilled ters that subsequently become invasive bear biologist pleaded with his superiors
may very well yield much greater sig- to hold leasing activity until even minimal
The Interior Department directed its scien- nificant adverse impacts than a large oil protections could be ensured –
tists to exclude the high likelihood that off- spill.”
shore oil drilling would introduce invasive • “I do not see how the MMS can pass
species into Arctic waters. In fact, MMS Polar Bear as Indicator Species the ‘red face’ test ...when polar bear is-
removed its top specialist from further sues which have been raised have been
work on the issue because he “refused to Interior has delayed listing the polar bear repeatedly and completely ignored by
implement DOI and MMS policy vis-à-vis under the Endangered Species Act and uses both Shell and MMS;” and
invasive species” which is that – that delay as the basis for shunning urgent
pleas from its own scientists for greater • Large polar bear populations “are
“Bottom line: No information regard- safeguards. As a result, oil companies are likely to be greased if there is an oil
ing seismic vessels introducing inva- not required to minimize damage to polar spill.”
sive species on the OCS [Outer Con- bears, such as disturbing sows in their dens Another e-mail refers to the “extreme pres-
tinental Shelf].” with young cubs which often causes cubs sure” placed on MMS scientists to speed
to be abandoned. environmental reviews.
This scientist had warned: “The introduc-
tion [of] non-native species to Alaska wa- In a January 26, 2007 e-mail, an agency

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Hightower
O n the evening of
March 18th, our
friend Jim Hightower
joined us for a reception
with our local major
donors, followed by a
talk and book signing
for his latest, Swim
Against the Current. A
great time was had by
all, and Jim’s talk about the power of individuals
standing up for what they believe in reinvigorated
the PEER staff and the audience.

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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