Judge Sanctions EPA for Concealing Evidence and Vindicates WTC Whistleblower


Contact: Kirsten Stade (202) 265-7337

EGREGIOUS EPA MISCONDUCT DELIVERS WHISTLEBLOWER WIN

Judge Sanctions EPA for Concealing Evidence and Vindicates WTC Whistleblower


Washington, DC — In a scathing decision, a U.S. Department of Labor judge has ruled that the U.S. Environmental Protection Agency improperly sought to conceal exonerating evidence and illegally retaliated against a whistleblower. In the ruling posted today by Public Employees for Environmental Responsibility (PEER), a U.S. Department of Labor administrative law judge catalogued a trove of misconduct by EPA lawyers covering years of litigation.

The April 15, 2015 ruling by Administrative Law Judge Linda Chapman involved EPA senior chemist Cate Jenkins, who had reported fraudulent agency limits on corrosive dust and improper testing and cover-up of the toxic properties of the dust emanating from the World Trade Center (WTC) disaster which contributed to deaths and illnesses of First Responders. Judge Chapman found that EPA had “failed to produce literally thousands of documents” in a campaign of concealment. Emptying the lexicon of opprobrium, using terms such as blatant, extreme, and willful, she concluded that EPA had—

  • “Failed, and failed miserably, over an extended course of time in complying with its discovery obligations and…Court discovery orders”;
  • Worked a “fraud on the Court” through numerous “false claims” and inaccurate claims of privilege which upon examination applied to “none of the documents provided” (Emphasis in original); and
  • Deliberately and illegally destroyed an unknown number of documents which should have been under a litigation hold.

EPA’s obstruction of Dr. Jenkin’s attempts at discovery were further complicated by the agency’s belated disclosure of “shadow email accounts” (such as a pseudonym account used by then-Administrator Lisa Jackson) maintained by agency employees subject to discovery.

“The extreme efforts by EPA lawyers to conceal evidence had the exact opposite effect from what EPA intended,” stated PEER Senior Counsel Paula Dinerstein, noting that Dr. Jenkins had already been restored to her job after another court, the U.S. Merit Systems Protection Board, had ruled that EPA had violated her due process rights in its attempt to remove her. “This ruling also illustrates the central role that the Office of General Counsel plays in sustaining a sick culture of reprisal inside EPA.”

The ruling came in response to a motion for sanctions filed by Dr. Jenkins’ legal team against EPA for repeatedly withholding or destroying evidence. Judge Chapman applied adverse inferences on issues affected by EPA discovery misdeeds but also ruled on the substance of the case, finding that the actions the agency accused Dr. Jenkins of committing “did not occur” and concluding –

“Dr. Jenkins, Complainant, has established that the U.S. Environmental Protection Agency, the respondent, has retaliated against her for her reports to Congress and the FBI, and to the public through the media, about her allegations of violations of environmental laws and regulations by the EPA in connection with the rescue and cleanup operations at the WTC, in violation of the whistleblower provisions of [several federal environmental laws].”

“This ruling is as much a condemnation of EPA as it is vindication of Dr. Cate Jenkins,” Dinerstein added. “The only remaining question is whether EPA will learn from and atone for its actions.”

Attorney Mick Harrison, co-counsel with PEER in representing Dr. Jenkins, stated that this decision by Judge Chapman clearly vindicates Dr. Jenkins who had courageously risked her long and distinguished career to protect the first responders at the World Trade Center and the residents of New York City.

Judge Chapman’s ruling becomes final if EPA does not appeal it to the U.S. Secretary of Labor’s Administrative Review Board but the ruling makes it extremely unlikely for the agency to prevail. At the same time, PEER and Dr. Jenkins have pursued her efforts to tighten the corrosive dust standards through litigation, so that the tragedy of the 9/11 First Responders never happens again. That case is now before the U.S. Court of Appeals for the District of Columbia.

###

Read Judge Chapman’s ruling

Trace the long Jenkins whistleblower case

Look at the legal effort to tighten corrosive dust limits

http://www.peer.org/news/news-releases/2015/04/21/egregious-epa-mis...

Views: 404

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

tjdavis posted a video

Stargate (1994) Official Trailer HQ

An interstellar teleportation device, found in Egypt, leads to a planet with humans resembling ancient Egyptians who worship the god Ra.
3 hours ago
cheeki kea commented on cheeki kea's photo
Thumbnail

Blackout

"Well folks something is going down and the blackout seems to have a favourable tint to to it.…"
8 hours ago
cheeki kea posted a photo
9 hours ago
Doc Vega posted a blog post

The Deadly Secret ( A short Story) or is it?

The Deadly Secret Chapter OneI haven’t lived a normal existence for a long time now. I look over my…See More
12 hours ago
tjdavis posted a blog post
15 hours ago
tjdavis posted a video

When Havoc Struck - Bel Air Fire 1961 - 1978 TV Series Glenn Ford

Here is the complete "Bel Air Fire" episode of the TV series "When Havoc Struck" from 1978. Includes intense footage and dramatic interviews from survivors o...
yesterday
Doc Vega posted a blog post

Living a Lie

Living a Lie She is like a pearl in the sands of the shorePerhaps a fantasy that could become moreA…See More
yesterday
Less Prone favorited tjdavis's photo
Monday
Less Prone commented on tjdavis's photo
Thumbnail

Killbillys

"Could it be that B.G. is an AI controlled drone who seeks to advance the goals of the advanced AI…"
Monday
cheeki kea commented on Sandy's photo
Thumbnail

FB_IMG_1737188817344

"It's as if it jumped the bush it had no appetite for and raced off to what it wanted to fuel…"
Monday
tjdavis posted photos
Monday
Burbia commented on Burbia's group The Comment Section is Closed
"Every comment here looks like they are all on the same page"
Monday
tjdavis posted blog posts
Monday
Less Prone commented on Parrhesia's photo
Thumbnail

Black Rock

"Black Rock, the sixth rock from the sun, is Saturn (Satan). Saturn has one day of the week,…"
Sunday
Less Prone favorited Doc Vega's photo
Sunday
Less Prone commented on tjdavis's video
Thumbnail

DARPA Avatar Project - A Sentient World Simulation

"Is artificial intelligence and its power consumption a driving force behind the need for more…"
Sunday
Doc Vega posted a photo
Sunday
Doc Vega posted blog posts
Saturday
Sandy posted a photo
Saturday
Sandy commented on tjdavis's video
Saturday

© 2025   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted