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: 406

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

Doc Vega posted a blog post

Major Technical Developments in 1960 and a Major CIA Disclosure

 In 1960, there were some very significant changes in science, flight research, and oceanography…See More
15 hours ago
Doc Vega's 5 blog posts were featured
17 hours ago
Less Prone favorited Doc Vega's blog post The Saga of Joe Adams May Have Solved What's Behind the Numerous Disappearances Going on in our National Forests
17 hours ago
Zfort Group posted a blog post
17 hours ago
Misteri joined Central Scrutinizer's group
18 hours ago
Misteri joined Machinegunmomma's group
Thumbnail

The Gathering

A place to meet and share contact information with people in your area as an emergency back up…See More
18 hours ago
Misteri is now friends with bob hob and Vladimir Putin
18 hours ago
Misteri updated their profile
18 hours ago
Profile IconMichelle Reichert and Zfort Group joined 12160 Social Network
19 hours ago
Burbia commented on KLC's group MUSICWARS
23 hours ago
cheeki kea commented on Doc Vega's blog post Plausible Explanation Behind Recent Cryptid Sightings in the Wild!
"Anythings possible mad science would bring back all of jurassic park if they could. From a birds…"
yesterday
Doc Vega posted blog posts
Saturday
Bob of the Family Renner posted photos
Friday
Doc Vega posted a blog post

Two Combat Aircraft Captured and Studied in WWII Pacific Theater

 During the heated contest of the WWII Pacific Ocean War both the US Pacific fleet and the Axis…See More
Thursday
Doc Vega posted a blog post
Wednesday
Burbia posted a photo
Aug 12
Millie P. Carlos is now a member of 12160 Social Network
Aug 12
Sandy posted videos
Aug 11
Burbia commented on Ragnarok's video
Thumbnail

Charles Manson Talks About The Global Elite

"Another group of people that get disregarded are the the Process Church.  Deaths and strange…"
Aug 10
Sandy posted a video

Captain fantastic scene (Bill of rights)

Scene from the movie "Captain fantastic"Uploader does not claim ownership of any of the footage used in this video. All credit goes to the respective owners ...
Aug 9

© 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