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PEEReview

A Publication of Public Employees for Environmental Responsibility


Throttles Top Threat to Public Lands
R
eckless off-road vehicle abuse of public lands “This survey reflects the overwhelming nature of ORV
is spinning out of control, say federal law problems on public lands – vast landscapes, a deeply
Winter enforcement rangers in a first-ever survey.
The poll was conducted by Rangers for Responsible
entrenched pattern of abuse, far too little enforce-
ment, and soft penalties,” stated Jim Furnish, former
2008 Recreation, a coalition of retired federal and state Deputy Chief of the Forest Service, who appeared at
law enforcement and land management profession- a congressional briefing to unveil the survey results.
als organized by PEER. Tougher penalties and a new “Agencies like the Forest Service are making belated
emphasis on enforcement are critically needed now, progress, but still lack the leadership and will to re-
according to the vast majority of Forest Service and verse the runaway crisis.”
Bureau of Land Management (BLM) rangers polled
in the five-state Southwest The mailed survey sent to federal rangers in Arizona,
region. New Mexico, Nevada, Utah
and the southern desert area
This survey of federal rang- of California found that
ers’ views on off-road ve- their agencies are unequal to
hicle (ORV) issues leaves the task of controlling ORV
little doubt that law enforce- abuse:
ment officers on the ground
perceive the situation as ex- • Nearly two out of three
tremely serious and worsen- (62%) believe their agency
ing: is not “prepared to deal with
the ORV problems we are
• More than nine out of ten experiencing”; and
of respondent rangers agree
that “off-road vehicles • More than three out of four
PEER present a significant law enforcement problem in (78%) do not think their de-
rs! partment “devotes adequate resources to cope with
Autho my jurisdiction;”
terfold ORV problems.”
see cenetails
for d • More than half feel “off-road vehicle problems in
my jurisdiction are out of control;” and “The rangers are all saying the same thing – there’s no
meaningful response to the reckless use of off-road ve-
• Nearly three out of four say that off-road abuses hicles,” added Southwest PEER Director Daniel Pat-
“are worse than they were five years ago.” terson, who coordinated the survey. “Congress needs
to get a handle on this problem before it spins further
In the essay portion of the survey, a Forest Service out of control.”
ranger conveyed the scope of impacts by noting: “The
numbers of off-road vehicles on public lands, espe- Sonoran Desert Closure
cially National Forests, are creating resource damage
at an alarming rate.” One BLM ranger wrote bluntly, The Sonoran Desert National Monument has banned
“User attitudes are atrocious. They are the single big- off-road vehicle traffic altogether from the northern
gest destruction on public lands these days, far worse third of its lands because of resource damage and user
than grazing or energy development.”
continued on page 12

4Pharmaceuticals Fouling Our Waters, page 3

INSIDE 4EPA to Re-Open Its Libraries, page 4


4Forest Service Gets Taser-Happy, page 6
From the Executive Director

Sharper Than a Serpent’s Tooth


T
o the surprise of some, President Bush signed Freedom of FOIAs which are laser-guided by inside experts often make ideal
Information Act reform legislation into law on New Year’s vehicles for ventilating agency misconduct. Battles over release
Eve. The Freedom of Information Act or FOIA was enact- of documents are media-genic, as the sought after records take on
ed 40 years ago and authored by one of the unsung giants of post- a “secret” character and reporters share a vested interest in prying
war progressivism, Rep. John Moss of California. In the ensuing loose anything that an agency does not want released. Moreover,
years, FOIA has been an invaluable tool for unearthing the paper the reason the agency is withholding documents is usually because
trails buried behind bureaucratic walls and bringing some degree they confirm culpability or illuminate inanity. Conversely, the ul-
of transparency to the activities of federal agencies. timate disclosure of smoking gun documents is a potent purgative,
as the agency is hard-pressed to dispute the validity of their own
In recent years, particularly under the Bush administration, the
records.
gears of FOIA have been gummed up by growing security-related
claims of secrecy and lengthening delays in even acknowledging, For PEER, a key provision of the new FOIA bill is one that facili-
let alone satisfying, requests for documents. The new FOIA bill, tates collection of attorney fees and costs from lawsuits to force
passed with broad (and veto proof) bi-partisan support, re-affirms release of records. This provision removes an obstacle for us to
a presumption of openness for federal records. It also enacts a press many cases to the limit when the agency delays or dissem-
series of minor repairs, such as tighter time-lines for agency han- bles. As a result, PEER will be filing many more FOIA suits in
dling of document requests, web-accessible tracking of request 2008 than ever before.
status and even stronger provisions to hold officials accountable
for “arbitrary and capricious” disclosure denials. King Lear said that the ingratitude of one’s own child is “sharper
than a serpent’s tooth.” Inside the Beltway, however, the sharpest
Working on behalf of public servants, FOIA is an invaluable tool cuts are usually self-inflicted when political miscreants are im-
for PEER. Concerned employees need not go public or leak sensi- paled on their own words. If you are a current or former em-
tive documents. Instead, they merely need tell us what records to ployee and know of skeletons lurking in agency closets, please let
FOIA – and we do, averaging three FOIA requests per week just us know where we should shoot our FOIA arrows. As we enter
from our D.C. office. Many of our FOIA requests are ghostwritten the last year of the Bush administration, this is the time to pursue
by the employees who are the custodians of the documents that accountability like there is no tomorrow.
they believe should see the light of day. — 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 & PEEReview Layout • Justin Haas
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
Tennessee PEER • 4443 Pecan Valley Road Nashville, TN 37218 PEEReview is the quarterly newslettter of
tel: 615-313-7066 email: tnpeer@peer.org Public Employees for Environmental Responsibility
Alaska Forum for Environmental Responsibility 2000 P Street, NW • Suite 240 • Washington, D.C. 20036
P.O. Box 188 Valdez, AK 99686 tel: 907-835-5460 fax: 907-835-5410 tel: 202-265-7337 • fax: 202-265-4192
email: info@peer.org • website: http://www.peer.org

 PEEReview
Pharma Pollution
Pharma Pollution is a New Reality Prison Industry Health
Regulatory agencies at all levels of government are beginning to Perils Grow
realize that pharmaceutical and personal care products and endo- In an investigation sparked by PEER, federal health of-
crine disrupting chemicals in surface and drinking water are of ficials found staff and inmates are being exposed to off-
concern. This phenomenon of “pharma pollution” is being found the-chart levels of lead and cadmium in a prison industry
in rivers, lakes, and groundwater, which serve as drinking water computer recycling plant. These officials urged an im-
sources, and even in treated drinking water. mediate shutdown of computer recycling operations at the
Pharma pollution includes over-the-counter and prescription Elkton Federal Correctional Institution, in eastern Ohio,
medications, dietary supplements, hormones, cleaning agents and strict new anti-contamination safeguards if the factory
(especially antibacterial cleaners), and the inert ingredients that is to reopen.
are associated with these products. Many of these components
are not completely metabolized Written by officials from the National Institute of Occu-
by the human body. Therefore, pational Safety and Health as well as the Federal Occu-
the unmetabolized portions are pational Health Service, the November report determined
excreted when people defecate that airborne lead and cadmium, both dangerous heavy
or urinate. For example, when metals, are accumulating at alarming concentrations in-
amoxicillin, a common anti- side air filters and ventilation systems:
biotic, is ingested, 60% of the
drug comes out unchanged in the “[T]he data from the ‘filter change-out’ operation
urine. showed that airborne exposures can exceed by a
factor of 450 times the concentration adopted by
During a March, 2007 congres-
sional briefing on compounds of OSHA as the Permissible Exposure Limit (PEL)
emerging concern, Dana Kolpin, for cadmium and over 50 times the PEL for lead.
Chief of the U.S. Geological Even though workers performing this operation
Survey’s toxic substances hy- wore respiratory protection equipment…these ex-
drology program, stated that the cessive exposures will exceed the Protection Factor
USGS has “definitive” evidence afforded by this type of respirator.”
from laboratory experiments
Pharmaceuticals as Pollutants. From 1999 Most of the contamination springs from inmates breaking
to 2002, the U.S. Geological Survey (USGS)
that chemical compounds found
studied surface and groundwater samples in household detergents, drugs, up computers with hammers in “the cathode ray tube glass
from around the country and found at least and other compounds that pass breaking operation.” In one factory section, “one [dust]
one compound in 80% of streams and 93% through wastewater treatment sample…was as high as 16% lead.”
of groundwater. plants are responsible for “femi-
nizing” male fish downstream of such plants. Potential human The report was submitted to the Justice Department Office
health impacts include cancer, compromised immunity, Type II of Inspector General as part of its system-wide review of
diabetes, behavioral changes and neurological effects. all the recycling centers. The Justice Department oversees
the Federal Bureau of Prisons. The review is expected to
Even if these compounds are then treated to the highest standards
prescribed by state and federal law, the compounds make it into conclude this year.
the waste stream and are discharged into the environment. Oth- This review stems from a whistleblower disclosure from
ers make it into the waste stream when people flush unused com- a prison safety manager, Leroy Smith, about similar dan-
pounds down the drain.
gers in the federal institution at Atwater, California {see
While people can be educated as to why flushing medications is PEEReview Fall ‘06}. “Ever since Leroy Smith went
dangerous, it is impossible to enforce a no-flush policy. Waste wa- public, every one of the six other federal prisons with
ter treatment plants are not designed to remove these compounds computer recycling plants should have been on notice that
from the waste stream. Moreover, no drinking water standard for they are putting the health of their own people at risk,”
these compounds currently exists. stated PEER Executive Director Jeff Ruch, noting that
Under the leadership of New England PEER Director Kyla Ben- besides workers, families of staff members are routinely
nett, a former EPA biologist and lawyer, PEER is putting together exposed to dust carried home in clothing. “The Justice
a Pharma Pollution Program. The PEER program will push agen- Department needs to provide thorough health check-ups
cies to educate consumers, develop standards, take pharma pollu- for everyone who may have been exposed at all of these
tion into account in all discharge permits, and, above all, use the institutions.”
precautionary principle.

Winter 2008 
Environmental Protection Agency
Congress Orders EPA Libraries Re-Opened
C
apping a nearly two-year cam- as its only library dedicated to the ef- of Congress is welcome, it comes after
paign by PEER, Congress or- fects of pesticides and new chemicals. several closures and much disruption,
dered the U.S. Environmental leaving the remaining EPA librarians
The report language attached to the
Protection Agency (EPA) to restore with the task of putting Humpty Dump-
omnibus appropriations bill for the
library services across the country and ty back together again.
remainder of the 2008 fiscal year di-
has earmarked money for that purpose.
rects EPA to use $3 million to “restore “We have already been contacted by
Beginning in early 2006, without pub- the network of EPA libraries recently EPA librarians who are concerned
lic announcement or congressional ap- closed or consolidated” and to report that the same officials who destroyed
proval, EPA began dismantling its net- within 90 days on its plans to “restore the libraries will be in charge of their
work of technical and research libraries. publicly available libraries to provide restoration,” said PEER Associate Di-
Altogether EPA has closed regional li- environmental information and data to rector Carol Goldberg. “We will help
braries serving 23 states and its head- each EPA region…” Congress closely oversee whether EPA
quarters library in Washington, D.C. It fully restores the full range of library
The EPA libraries are not only impor-
has also reduced services and hours in services it had provided.”
tant to the public but are invaluable
libraries covering another 14 states. In
tools for the agency’s own scientists
addition, EPA has shuttered several of
and specialists. While the intervention
its specialized, technical libraries, such

Pesticides to Carry Celebrity Plugs & Charity Tie-Ins


EPA is now proposing to allow pesticide Safety directions on the label are consid- plugs and catchy slogans that distract the
manufacturers to display “third-party en- ered the principal means that EPA has at eye from sober precautions. In March
dorsements” and charitable tie- 2007, EPA bowed to a request from
ins on their labels to promote the Clorox Company to display the
retail sales. Until now, such Red Cross symbol in advertising a
promotional marketing was pledge to donate a small percent-
forbidden, with the pesticide age of the retail purchase price of
labels devoted to safe usage its bleach products to the charity.
directions. After agreeing to make an excep-
tion for Clorox, EPA now wants to
EPA Administrator Stephen transform that exception into the
Johnson wants EPA to approve rule.
each marketing claim on a case-
by-case basis, thus entangling EPA’s plan has already drawn the
the agency in the design of cor- ire of the Association of American
porate campaigns. EPA would Pesticide Control Officers which
even give conditional approval contends promotions “could mis-
for questionable labels when lead, be misinterpreted, or be false-
it has “some residual concern” ly offering assurances of safety.”
about consumer confusion, ac- Attorneys General of seven states
cording to his plan. have called on EPA to retract the
Clorox-Red Cross label, and Min-
Misuse of pesticides, however, nesota banned it.
is a major public health prob-
lem. The most recent report Ironically, EPA is willing to lavish
from the American Association regulatory attention on pesticide
Cautionary Hypocrisy. Read the Label First is the name of the main EPA
of Poison Control Centers finds program to cut harmful pesticide exposures. promotions but cites lack of regu-
that pesticides are the eighth latory resources for why it cannot
most frequent cause of poison address issues ranging from global
center calls, accounting for more than warming to childhood exposure to lead-
its disposal to prevent misuse, yet John-
100,000 exposures a year, nearly half of based paint.
son would allow pesticides and other reg-
which involve children under six.
ulated poisons to feature flashy celebrity

 PEEReview
Massachusetts

Epic Battle in Tiny Town of Westport


T
he small town of Westport, Mas- chusetts has one of the strongest wetlands sources of Westport but also to safeguard
sachusetts sits on the edge of Buz- protection laws in the country and a unique the role of Conservation Commissions
zards Bay, and has enforcement institution: throughout Massachusetts. “Summary dis-
spectacular natural re- the municipal Conserva- missal of these public servants threatens
sources. In fact, much of tion Commission. All the ability of citizen volunteers to defend
the town is water, includ- 351 towns and cities in natural resources within their communi-
ing the Watuppa Ponds, the Commonwealth have ties,” stated New England PEER Director
Westport Harbor, and two Conservation Commis- Kyla Bennett. “Our job at PEER is to sup-
branches of the Westport sions, part-time, appoint- port those who enforce resource protection
River. It is bucolic and ed, volunteer citizens laws.”
picturesque; so pretty charged with implement-
that the drive for more ing the state Wetlands
development threatens to Protection Act.
change the character of
the town. Historically, in Westport,
Horseneck Beach. Views like this drive the Conservation Com-
As in many places, the development pressures. mission had only spo-
battle lines on develop- radically enforced wet-
ment are drawn across wetlands. Massa- lands protections but that changed when
a pro-environmental protection majority
emerged. A few complaints came to Town
Greenhouse Gasbag Hall and the Westport Selectmen, the lo-
EPA Administrator Stephen Johnson cal governing council, reacting by driving
deserves a lump of coal in his stocking out the Conservation Agent, the town’s Bailey Flat. Much of the undeveloped
for his December 19th announcement sole environmental enforcement employee, land in Westport is protected wetlands.
blocking California and 16 other states and then by trying to fire the Conservation
from controlling greenhouse gases. Commission. Outsourcing Blocked
Although this was a decision that was
supposed to have been the product of In response, four of the seven members of Included in the 2008 Omnibus Ap-
months of legal and scientific delibera- the Conservation Commission have filed a propriation Act signed by President
tion, Johnson hastily called a press complaint in Massachusetts District Court Bush is a ban on any further ac-
conference at 6:30 pm to use the ener- alleging malicious interference with the tivities directed toward outsourcing
gy bill signed just that morning as the Commission’s enforcement of wetlands Forest Service jobs. That legislation
main reason for vetoing state action. protections and free speech rights. PEER
also severely limits any outsourcing-
is joining the suit not only to protect the re-
Characteristically, Johnson completely related activities within the Interior
ignored the advice of his own technical Department to $3.5 million to com-
staff yet ordered them to write the jus- plete ongoing studies.
tification for his decision after he an-
nounced it. The California waiver de- Since 2002, PEER has been lead-
cision will waste at least another year ing the campaign against wholesale
in litigation before it is reversed.
outsourcing of environmental staff.
In addition, EPA has yet to issue an Even Republican-controlled Con-
“endangerment finding” on CO2, let gresses were persuaded to slow the
alone declare that it would regulate pace of this effort. This latest ac-
carbon dioxide as a pollutant under the
tion, covering the last full year of the
Clean Air Act. Johnson has reportedly
told his staff to stop working on any Bush administration, rings the death
federal greenhouse gas regulation. knell for what was a key plank of its
Westport River. Approximately thirty
Without a doubt, EPA under Johnson miles southeast of Providence and Management Agenda – placing tens
has become a major impediment to sixty miles south of Boston, Westport of thousands of federal jobs out to
moving the country forward to confront is becoming an increasingly popular
bid by private contractors.
the challenge of global warming. bedroom community.

Winter 2008 
U.S. Forest Service
Forest Service Getting Taser-Happy
T
he U.S. Forest Service has bought Wolf-Baiting on the Range
$600,000 worth of “Electronic Con-
PEER and other conservation groups
trol Devices” without any training are pushing for a full investigation
program, rules for use or even a written ex- into reports that a ranch hand on the
planation as to why the devices are needed. 275,000 Adobe-Slash spread in New
Known as Tasers, the devices are sitting Mexico used a pregnant cow that was
in storage and cannot be issued because about to birth as bait to lure wolves so
the agency has yet to develop a training that the wolves could then be destroyed
course. for attacking livestock. The rancher
knew wolves were in the area by track-
Due to an intense fire season, the Forest 700,000 Volts of Persuasion. The Forest ing the radio signals from their collars.
Service is now staggering under a more Service is inexplicably looking for more bang “We would sacrifice a calf to get a third
than quarter-billion dollar deficit, causing it with your bucks. strike,” he reportedly said, referring
to jettison core programs. For example, the to the federal policy of shooting any
police use of Tasers since 2001. wolves linked to the loss of three live-
agency lacks enough funds to draw up new
stock within a year.
timber sales. At the same time, the agency Tasers are touted as a non-lethal alterna-
law enforcement program is hobbled by tive to the use of deadly force, but since the The reintroduction of the Mexican gray
more than 200 vacant positions, leaving Forest Service rarely is called upon to ap- wolf into the Southwest has been rocky.
Nearly one wolf is killed or removed
only one officer to cover each 300,000 ply deadly force, the use of these electronic
from the wild for each documented pre-
acres of National Forest and 750,000 an- devices on forest visitors is problematic. In dation – a removal rate that will doom
nual visitors. addition, agency law enforcement officers the reintroduction effort.
already have pepper spray as standard issue
Yet, in late September 2007, the Forest Ser- equipment. The Forest Service, however,
vice purchased 700 weapons and “related was unable to explain why it needed these
accessories” from Taser International, at a new weapons.
cost to taxpayers of more than $600,000,
according to agency records obtained by “There must have been a fire sale on Tas-
PEER. This represents more than enough ers, otherwise why would an agency buy
to equip every single sworn Forest Service 700 of them without a program, protocol
law enforcement official with an Electronic or need?” asked PEER Executive Director
Control system at a cost of $857 apiece. Jeff Ruch, noting that the federal fiscal year
ended in September, around the time of the
In addition to the cost of training its entire hurried single source purchase. “Along
law enforcement staff, the Forest Service with the howl of the coyote and the hoot
may be assuming significant financial li- of the owl, soon the plaintive cry of ‘Don’t
ability for injuries and deaths. In October, tase me, bro’ may echo through the forest
Amnesty International released a study es- night.”
timating that 290 civilians have died from Mexican Gray on the Move. PEER is
urging suspension of grazing permits of
any ranchers baiting wolves.

Good Science, Forest Service Style


The Forest Service has lost a long string of court decisions on everything from grazing permits to grizzly management. The last
time PEER was able to obtain an internal tally, the agency calculated that it received an adverse ruling in a federal lawsuit once
every two weeks, all year long.
Most of these decisions stem from the agency’s inability or unwillingness to honestly reflect scientific evidence about the implica-
tions of an action, like a timber sale or a new coal mine. To reverse this track record of judicial frustration, the Forest Service has
instructed its supervisors to “include a statement in the record…showing consideration of the best available science as the basis
for the decision.” Here is the suggested statement:
“My conclusion is based on a review of the record that shows a thorough review of relevant scientific information, a consideration
of responsible opposing views, and the acknowledgement of incomplete or unavailable information, scientific uncertainty and
risk.”
Would that saying it made it so.

 PEEReview
National Park Service
Cyber-Parks Coming to a Flat Screen Near You
V
isitors soon will be able to Yellowstone’s Echoing Ring Tones
watch the spectacular Old
Faithful Geyser without leav- Even as Yellowstone National Park of-
ing the comfort of home, the nearest ficials finalize a policy to govern cell
cyber-café or wherever there is a wire- towers inside the park, officials are
less signal. Yellowstone National Park mobilizing to block a cell tower slated
for a private campground just outside
is readying a web camera to air live
the park. Alltel Corp. has announced
streaming video of the park’s most fa- plans to erect a 115-foot cell phone
mous feature. Real-time views of the tower in Gardiner, Montana, adjacent
most stunning sites in our national to the park’s north entrance. The Yel-
parks may soon be available to anyone lowstone superintendent is concerned
with access to the Internet. that it would mar views at historic and
popular natural settings. Since the
Streaming webcasts may usher in a Cyber Tree House. The new webcam would offer the structure would be on private land,
whole new era in which people can tune first live streaming video of Old Faithful and nearby it does not require approval from the
geysers. park or the National Park Service.
into national park vistas whenever they
choose. On-line visitors could one day The concern by park management
outstrip actual park visitation. Yellowstone about the negative effects of cell tow-
already has three webcams (at Mammoth ers on park values is somewhat ironic
Hot Springs, Mt. Washburn and Old Faith-
Park Cell Phone Bill Shocker given Yellowstone’s own history of ap-
ful) providing static images every 30 sec- proving inappropriate cell towers within
In 2005, Yellowstone spent $92,000 in park boundaries. PEER points to a
onds or so. cell phone charges and nearly $94,000 number of park actions which appear
The public unveiling of the streaming Old in 2006. Prior to 2005, the park was to promote what it is now protesting, in-
Faithful webcam has been delayed until reli- illegally receiving free phones and cluding approval of a controversial cell
minutes while improperly depositing tower that is visible throughout the Old
able 24-hour, 365-day operation can be as-
lease fees in its own accounts rather Faithful Historic District and its secret
sured. This delay may give the Park Service meetings with telecomm companies to
time to consider ramifications, including: than the U.S. Treasury.
divide up the remaining portions of the
park lacking cell coverage.
• Will more streaming webcams be installed, Employee use of cell phones at
and, if so, where? Who will make that deci- Yellowstone has more than doubled Other national parks are struggling with
sion and how? in recent years. Park records obtained cell tower proposals for sites inside as
by PEER indicate employees were well as adjacent to, but visible from,
• Will 24-hour webcasts from Old Faithful park confines. For example, Harpers
lead to fewer visitors, or more visitors, and issued 70 cell phones in 2004 but by
Ferry National Historic Park is protest-
what are the repercussions of each? August 2006 that number had grown ing plans for a 195-foot cell tower that
to 188. As of November 14, 2007, would loom above the Civil war battle-
• Will Yellowstone officials include these the park counts 155 employees with field that is the park’s raison d’être.
and other webcam issues in its new Wireless government-paid cell phones but this
Plan, which it has been developing for the number reflects off-season usage and “The National Park Service provides
no guidance or assistance to its super-
past three years? may grow again this spring. These
intendents who are left to cope, tower-
numbers raise the question of how by-tower, with a widening web of wire-
“It would behoove the Park Service to dedi- Yellowstone can objectively develop a less scaffolds,” stated PEER Executive
cate at least a thimbleful of planning toward wireless plan when more than 40% of Director Jeff Ruch, noting that only one
possible web applications and priorities be- the park’s 380 full-time permanent staff of the nearly 400 national parks has a
fore going too far down the road,” stated is cell phone dependent. cell tower siting plan. “Even today, our
PEER Executive Director Jeff Ruch, noting national parks consider the cacophony
that agency policy for permissible webcam National Park Service policy limits
of ring tones to be part of the natural
use is also muddled. “Tellingly, far more soundscape.” PEER is campaigning
issuance of cell phones to when it “is for the Park Service to develop a sys-
organizational thought and effort has gone necessary for the employees to perform tem-wide approach to the proliferation
into the selection of the park ornaments for Service work.” Additionally, the need of cell towers and the intrusion of the
this year’s White House Christmas tree than must be documented and validated in wireless world into places that other-
has gone into charting the park system’s cy- official forms. Yellowstone appears to wise offer solitude. Follow our efforts in
ber-future.” be ignoring both policies. our web campaign center.

Winter 2008 
U.S. Office of Special Counsel
Bizarre Bloch tion on the basis of sexual orientation.

T
his is one of those man
bites dog stories (and the While Bloch continues to implode, federal
dog gets rabies). The Bush whistleblowers are getting precious little
appointee serving as the U.S. official assistance.
Special Counsel, Scott Bloch, has
managed to make himself the tar-
get of several investigations. The News You Should Know
Special Counsel’s main job is
protecting federal whistleblowers Futurists no longer read chicken
but whistleblowers need protec- entrails for omens. Instead, they
tion from him. Bloch’s bizarre decipher informational bits such as
behavior is leading to a rising these:
bi-partisan chorus calling for his
resignation. As he enters the last Pacific Dead Zone. Scientists will
year of his five-year term, short of survey the Great Pacific Garbage
A Desi Arnaz Moment. Scott Bloch has some ‘splaining to
resigning he can only be removed do to Congress about deleting his e-mail records. Patch, a three million-ton floating
by the President for cause. trash mass formed by ocean current
e-mails in the unresolved affair of the fired patterns one thousand miles west of
In the latest installment, following a com- U.S. Attorneys. Bloch has also gone after San Francisco. Consisting mostly of
plaint lodged by PEER, other groups and public employees for even incidental use of plastic, the patch extends to depths
his own employees, Bloch is the subject e-mails with political overtones. Early in 300 feet below the surface in places.
of an Office of Personnel Management In- his tenure, he issued this warning to his Of-
spector General (OPM IG) investigation fice of Special Counsel (OSC) employees: Georgia on My Mind. Governor
for retaliating against internal whistleblow- Sonny Purdue sank $19 million into
“OSC employees do not have a right,
ers, politicizing Hatch Act enforcement, his dream project (“Go Fish Georgia”)
nor should they have an expectation,
imposing illegal gag orders, and dismissing to “turn Georgia into a fisherman’s
of privacy while using government
more than 1000 whistleblower disclosures paradise.” Unfortunately, “Go Fish”
office equipment. To the extent that
without investigation. The OPM IG had tournaments had to be cancelled due to
OSC employees want their personal
been trying to get hold of Bloch’s e-mails, the state’s persistent drought. Perdue
activities to remain private, they
only to find he purged them from his gov- has angrily denied that the state’s utter
should avoid using government
ernment computer. lack of water planning may also be a
equipment, such as their computer,
the internet, or e-mail.” factor; some dreams just die hard.
According to the Wall Street Journal, Bloch
hired a computer-help company, Geeks on
Adding another twist to the pretzel, Bloch Penny for Your Thoughts.
Call, to scrub his office computer’s hard
contends that the OPM IG investigation of International Paper has announced a
drive and the laptops used by his two top
him is illegal due to a “conflict of inter- ‘partnership” with the National Park
political deputies. Specifying a “seven-
est” in the White House ordering the probe Foundation to sell a customized cup
level” wipe procedure, Bloch tried to make
while Bloch is supposedly investigating the (a “fully compostable, recyclable
it virtually impossible for forensics experts
White House – although the OPM IG probe ecocontainer ™”) with “printed
to restore the data.
predates Bloch’s latest Karl Rove goose messages that will raise awareness
In the ensuing firestorm, Bloch asserted chase. Even more weirdly, Bloch is claim- about the National Park Centennial
his privacy and First Amendment rights – ing in radio interviews that he is a victim of in 2016 and educate the public about
which is beyond ironic because Bloch pur- a plot by “the homosexual lobby,” due to conservation and environmental
ports to be investigating missing Karl Rove his refusal to legally recognize discrimina- stewardship” to parks and
concessionaires. International Paper

Chambers Case before Federal Circuit will generously donate a penny from
each cup sold “up to $1million back to
the National Park Foundation to help
The bid to restore Teresa Chambers as Chief of the U.S. Park Police was finally
fund” more of this “joint effort” with
argued by PEER lawyers before the U.S. Court of Appeals for the Federal Circuit
IP, whose corporate selflessness knows
this November. Known as “the Honest Chief,” Chambers was removed for ad-
no bounds.
mitting officer shortages in an interview with the Washington Post. A decision is
expected this winter.

 PEEReview
U.S. Army
Chem Weapons Smackdown
I
n a Lexington courtroom, developments have moved the state’s two
a parade of current and U.S. senators, Mitch McConnell and Jim
former specialists from Bunning, along with Rep. Ben Chandler, to
an Army chemical weapons seek changes in conditions at the depot. A
plant testified about safety ruling in Van Winkle’s case is expected this
breakdowns, inadequate train- spring.
ing and a practice of silencing
those who pointed out prob- Legal Bid to Restore
lems. The case concerns the
refusal by Blue Grass to re- EPA Ombudsman
store the position of, and clear- The U.S. Environmental Protection
ances for, Donald Van Winkle, Agency is fighting a novel legal bid
a chemical weapons monitor- to re-create an independent internal
ing operator. Van Winkle had watchdog. At the time that it was
revealed that — disbanded in 2002, EPA’s National
Handle with Better Care. A state inspection of Blue Grass Ombudsman Office had begun inves-
• Air monitors inside stor- found improper storage practices which crush the shells of VX tigating the public health conditions
nerve gas rockets and cause leaks. following the World Trade Center col-
age units called igloos
were configured so as to be lapse and had conducted high-profile
Many of Van Winkle’s disclosures were
ineffective; hearings exposing agency mishan-
confirmed in an October 2007 site inspec- dling of several Superfund cleanups.
• Employees at the depot were not being tion by the Kentucky Department of Envi-
ronmental Protection which took the un- The attempt to force EPA to recon-
properly tested for low level exposures stitute the Ombudsman Office flows
to nerve agent; and usual step of issuing notices of violation to
the Blue Grass Depot, where more than 500 from a whistleblower complaint filed
by Hugh Kaufman who was the Chief
• The chemical weapons facility lacked tons of chemical warfare agents, including
Investigator for the National Ombuds-
critical preparedness procedures in case highly lethal nerve gas, are stored. man Office from 1999 until its disman-
of an emergency, provided inadequate tlement by then-EPA Administrator
maintenance of monitoring equipment In addition, Van Winkle’s reports are at the
Christie Whitman. “If ever an agency
and suffered from training gaps among heart of an ongoing federal grand jury in-
needed an independent ombudsman,
key personnel. vestigation into base management. These it is the EPA,” stated PEER Senior
Counsel Paula Dinerstein, who is as-
Comings & Goings sisting in the case.

We are proud to announce that Dr. Adam Finkel has joined our Board of Directors.
He was a senior executive at the U.S. Occupational Safety and Health Administra-
tion (OSHA) and was its Regional Administrator in Denver. He was a PEER client
in 2003, when the Assistant Labor Secretary retaliated against him for protesting that
OSHA had decided to forego blood testing for its own inspectors to detect the early
stages of chronic beryllium disease. He received a substantial monetary settlement
and OSHA changed its mind about testing, discovering that at least a dozen inspec-
tors tested positive for beryllium sensitization. In 2007, Adam forced OSHA to make
public its workplace exposure database.
Today he is a Professor of Environmental and Occupational Health at the University
of Medicine and Dentistry of New Jersey School of Public Health and Executive
Director of the Penn Program on Regulation at the University of Pennsylvania Law
School. He recently received the David P. Rall Award from the American Public
Health Association for “a career in advancing science in the service of public health
protection.”
Also, we are thrilled that Angela Welsh joins our D.C. staff as our first Director of EPA Role Still at Issue. First responders
are seeking redress for lack of warning about
Individual Giving. Angela previously directed the (Princess) Diana Legacy Fund, harmful air quality at the World Trade Center.
helped grow Kidsave and designed the donor program for the World War II Memorial
campaign.

Winter 2008 
PEER Perspective
Help, I’ve Fallen and Can’t Get Up
D San Francisco Board of Supervisors
President Aaron Peskin
After Jared Blumenthal, head of the city’s Depart-
ment of Environment, advocated non-fossil fuel alternatives
D Paul Souza, Vero Beach Office Director,
U.S. Fish & Wildlife Service
The already tattered range of the highly endan-
gered Florida panther just lost another 900,000 acres of
to a plan by Peskin to build a natural gas-burning power- protected habitat thanks to Souza, who heads the local
plant, the politician struck back. Peskin authored legisla- Ecological Services Office. Souza insists his decision
tion to abolish the entire department and re-assign all 64 was “driven by science” but a transportation official with
employees. The city attorney nixed the move to eliminate fast-growing Collier County begs to differ: “The reason
the voter-established department, ruling it violated the city they changed it is because we asked them to change it.”
charter. When pressed by a colleague about his motive, Unfortunately, in today’s Fish & Wildlife Service, bio-sti-
Peskin replied “Payback is a bitch.” Asked about this com- tutes like Souza have a bright future.
ment, Peskin would not deny it but groused that it made
him appear “vindictive.” Perish the thought.

D White House Science Advisor John


Marburger
D Texas Land Commissioner Jerry
Patterson
Texas has the lowest percentage of public lands of
any state. The saga of Christmas Mountains is illustrative.
In October, testimony by the head of the Centers Donated in 1991 on the condition that these remote lands
for Disease Control about health effects of global warm- remain in state hands or be turned over to the National
ing was heavily edited by the White House, leaving much Park Service, Christmas Mountains has become a political
substance and more than eight pages on the cutting room football, thanks to Patterson who has blocked transfer of
floor. At the time, Mar- “Sadly, my idealism in advocating for the lands to Big Bend Na-
burger defended the cuts tional Park because hunting
as upholding “the high environmental values led me to ignore the clear is not allowed in the park:
standards for scientific ac- warning signs that both Mr. Abramoff and Mr. “No hunting, no firearms,
curacy that I expect from no deal,” he said. Instead,
my staff” adding that critics Griles may have had ulterior motives…” Patterson wants the land
“missed several nuanced — Italia Federici, convicted bagwoman for phony sold to private interests,
but important differences.” green group set up by former Interior Sec. Gale Norton, a move that has sparked a
In November, when hauled successfully pleading to avoid joining Griles and bi-partisan backlash. Leg-
before a Senate committee, islative investigators are
Marburger sang a different Abramoff in prison starting to probe Patterson’s
tune, admitting there was penchant for peddling en-
nothing nuanced about the ham-handed deletions and con- vironmentally sensitive lands to developers. Perhaps this
ceding they went too far: “I don’t think it was necessary.” probe will push Patterson out to pasture – on private land,
While some senators called for his resignation, commit- of course.
tee chair Barbara Boxer suggested “Somebody’s hanging
you out to dry. You better find out who it is.” Marburger,
however, showed zero curiosity about the source of his
missing credibility. D Jeffrey Lape, Director of EPA’s
Chesapeake Bay Program
The computer model measuring EPA’s progress

D Montana Fish, Wildlife & Parks toward meeting its goal of restoring the Chesapeake Bay
to health by 2010 is plagued by inflated inputs and “overly
Commissioner Vic Workman optimistic” assumptions, according to an academic review.
After a close encounter of the grizzly kind, Work- The findings echo those of a 2005 GAO report that de-
man suggested that hunters should be allowed to kill some bunked claims of progress for what EPA touts as one of its
of the bears so they would learn to fear humans. “We’ve premier environmental programs. While critics charge the
got grizzly bears eating people who come here to hunt,” “bay program has evolved into a public-relations machine,”
he reasoned. Workman, however, apparently flat missed Lape declines to retract the model and instead sniffs “For
the grizzly he shot at – wasting what would have been an some people to suggest that there was a deliberate attempt
important teachable moment for the entire disrespectful to be optimistic is just wrong.” “Avoiding Optimism” may
species. become EPA’s new mantra.

10 PEEReview
Tennessee
Forest Service Promises to Kick ORVs Out of Trout Streams

F
acing a threatened suit from into the headwaters of the upper Tellico
PEER and other conservation River. Streams by ORV trails receive
groups, the U.S. Forest Service 500 to 1,000 times more sediment than
says it will close all off-road vehicle streams just outside the trail system.
(ORV) trails in a two-state area for the
“We have been trying to get some ac-
winter – when wet weather exacerbates
tion like this for the past several years,”
muddy runoff into streams. The area
said Tennessee PEER Director Barry
affected is the Tellico watershed in
Sulkin, who coordinated the effort.
the Nantahala National Forest through
“Now that it has finally taken some
Tennessee and North Carolina, which
effective steps, we will make sure the
contains what are considered among
Forest Service sticks to its guns.”
the best trout streams in the region.
Intensive use has turned some ORV
trails into massive ditches more than Shameless Promotion. Tennessee PEER Director
shows off some equipment donated to PEER by
seven feet deep. The Forest Service Patagonia to aid our efforts in exposing failed
estimates more than 25,000 tons of wetland mitigations offered to compensate for
sediment has become muddy runoff destruction of natural wetlands.

Updates
A few brief follow-ups on some PEER projects from past PEEReviews:

Scary Safety Review Evaporating Ethics Board review.


Prodded by PEER publicizing a string An ethics initiative unveiled with great
of accidents, mishaps and security fanfare this summer by Interior Secretary Interior still will not divulge to PEER
breaches, the federal agency that Dirk Kempthorne has been quietly its plan for incorporating “best ethics
conducts mass wildlife extermination will scaled back while other elements of the practices.” And Kempthorne continues
undertake a nationwide safety review. Secretary’s “10-point plan” to transform to resist calls to outlaw political alteration
The scope and severity of the security, the scandal-ridden agency into “a model of agency scientific findings – a
safety and bio-hazard issues confronting of an ethical workplace” remain in limbo. widespread practice within Interior that
the U.S. Department of Agriculture The plan’s centerpiece was creation led to the abrupt resignation of Deputy
branch called Wildlife Services is of a Conduct Accountability Board “for Assistant Secretary Julie MacDonald this
staggering. In a November 5, 2007 ensuring consistency and fairness” in spring.
memo, WS Deputy Administrator William discipline cases. This turned out to be less
Clay wrote - significant than touted: Manatee Reversal
“In the wake of several accidents in • Jurisdiction of the Board was limited At the behest of Governor Charlie
WS’ programs, WS is conducting a to cases involving “Executive Level” Crist, the Florida Fish & Wildlife
nationwide safety review focusing employees – well less than 1% of the Conservation Commission dropped
on aviation and aerial operations, Interior workforce; and plans to downgrade the manatee from
explosives and pyrotechnics, endangered to threatened status.
firearms, hazardous chemicals, • On July 25th, about a month after Although manatee deaths from boat
immobilization and euthanasia, he commissioned it, Sec. Kempthorne collisions are running near all-time highs,
pesticides, vehicles, watercraft, amended its charter so that the Board the American Watercraft Association
and wildlife disease activities.” could only review matters “referred to cried foul, accusing the commission of
it by the Deputy Secretary and Chief of ignoring science and taking “Florida
Wildlife Services fingered so many Staff.” This means that former Deputy back to…the Bubba system of politics.”
problems, it is a wonder that it can Secretary Steven Griles, now serving Commissioner Kenneth Wright made
focus on any one. PEER is calling on time in federal prison, could have this distinction: “I am not acting on
the agency to open up this multifaceted determined whether his own egregious directions from the governor; I happen to
safety examination to public scrutiny. ethical lapses would be eligible for agree with the governor.”

Winter 2008 11
Off-Road Vehicles
Throttles Top Threat
continued from page 1
conflicts. Agency officials cannot cope with the “exponential” in- Blue Ribbon Coalition Flashes Green
crease in recreational demands on the nearly half-million acre fed-
The Blue Ribbon Coalition is the die-hard advocate for all
eral preserve south of Phoenix – particularly abusive off-roading
forms of motorized recreation and against trail closures and
by excessively large groups,
wilderness designations. Now, this rock-ribbed anti-green
according to internal memos group has amended its articles of incorporation to say that
obtained by PEER. it “shall [also] be dedicated to…the protection of the envi-
The Sonoran Desert National ronment.”
Monument is an increasingly Either this is a sign of the apocalypse or an indication that
popular recreational destina- even the most rabid rock crushers realize that they have a
tion in between the burgeon- serious image problem.
ing populations of Phoenix
and Tucson. One of the fast- teers are not enough to restore all the damaged areas. Volunteers
est growing components of are also getting tired of seeing their work destroyed.” In 2006,
Monument visitation is off- there were 73 illegal off-road “incursions” into the three congres-
road traffic, allowing ever sionally designated wilderness areas inside the Monument. All
bigger groups to damage re- told, Arizona BLM recorded 280 wilderness violations last year by
mote and sensitive areas. off-roaders. BLM documents cite a wide range of growing head-
aches arising out of off-road groups, from improper disposal of
Attempts to restore damaged human waste to the intensive police presence needed.
areas are being thwarted by
Failure to Communicate. Bullet-riddled “Reckless off-roaders are trashing America’s natural heritage,”
repeated improper off-road closure sign hints at the extent of law
intrusion. One BLM staff enforcement problems created by growing
said Patterson, noting that the Sonoran Desert is the most biologi-
member noted that “volun- ORV usage. cally rich of the world’s deserts. “America’s national monuments
must be protected from vandalism and environmental destruction,
even if that means keeping off-road vehicles out of monuments.”
Help the Environment Even More... The partial closure of the Sonoran Desert National Monument is
Go Paperless with PEER the first such emergency ban of ORVs from federal lands. It will
not be the last.
See Centerfold for Details

Public Employees for Environmental Responsibility NON PROFIT ORG.


2000 P Street, NW, Suite 240 U.S. POSTAGE
Washington, DC 20036 PAID
WASHINGTON, DC
Return Service Requested PERMIT NO. 6094

Printed on Recycled Paper


Read more about the threat from ORVs and other motor-
ized recreational vehicles in the new large format book:
Thrillcraft: The Environmental Consequences of
Motorized Recreation

Edited by George Wuerthner, and featuring a chapter written by


PEER’s Southwest Director, Daniel Patterson.
Through a combination of breathtaking photographs and a series
of essays, Thrillcraft seeks to illustrate the serious threat to our
public lands presented by these noisy and polluting machines, and
discusses possible solutions to the growing problem.
While supplies last, copies of Thrillcraft will be available for pur-
chase from PEER at a cost of $60, and will be presented in grati-
tude to donors of $125 or more, when requested with the form be-
low. Please use the envelope included for credit card information.

Name: _________________________________________________________________

Address: ________________________________________________________________

City:____________________________________ State: ______ Zip:________________

q Yes, I would like to purchase/ receive (circle one) Thrillcraft


Thank you!
We gratefully thank the Dudley Foundation, the Robert
J. and Helen H. Glaser Family Foundation, the Richard
and Rhoda Goldman Fund, the McKnight Foundation,
the New-Land Foundation, Inc., the Park Foundation,
the Rockefeller Family Fund, Winky Foundation, and the
Winslow Foundation for their recent grant support. We
would also like to thank Magi and Jay Shapiro, Michael
Nimkoff, Jerome D. Toporek, Marlow and Barbara Baar,
Linda Frick, Abby Rockefeller, Alida R. Messinger, and
other anonymous members for their generosity.

Are we leaving footprints in the sand?


Find out by reading –
The American West at Risk: Science, Myths, and Politics of Land
Abuse and Recovery
Howard G. Wilshire, Jane E. Nielson, Richard W. Hazlett
Oxford University Press is now offering The American West at
Risk for sale at $35.00 + $5.50 shipping.
PEER Board Chair Howard Wilshire and his co-authors tell the
story of the dominant human-generated environmental challenges
facing the great American frontier – the 11 contiguous arid western
states of the U.S. The American West at Risk traces human land
use that depletes resources and degrades the environmental integ-
rity of this resource-rich, but tender and slow-to-heal, landscape.
During his 35-year career with the U.S. Geological Survey as a
field and research geologist, Howard Wilshire mapped geologic
terrains of all geologic ages on earth, plus geologic formations on
the moon, including work on Apollo missions 14 through 17.
The perfect gift for your favorite undercover activist –
socially conscious skivvies!
Symbolic of our work with anonymous public employee
activists, the only PEER apparel is not a T-shirt or a
baseball cap; it’s UNDERWEAR. PEER’s white cotton/
poly blend boxer shorts have the legend “Undercover
Activist” on the rear and the PEER logo silk-screened
on the right leg. PEER boxer shorts are the apparel
undercover activists can wear in the office! Now
available directly from PEER for $15.00/pair, includes
shipping and handling.
Available in Small (waist size 30-32), Large (38-40) and X-tra Large (42-44).

Order Form
Select your purchases on the order list below, fill out the reverse side of this
page, tear it off, and mail it to us in the enclosed envelope. Please include your
check made payable to PEER, or write your Visa or MasterCard number on the
other side. You can also order using Visa and MasterCard via phone at 202-265-
7337 or fax 202-265-4192.
Size Qty. Price Total
Undercover Activist boxers $15.00
Blue Frontier: Saving America’s Living Seas
$18.00
by David Helvarg
Choosing a Conservation Vocation or a
$14.00
Bureaucratic Career by Richard Kroger
Beloved of the Sky: Essays and Photographs
$9.00
on Clearcutting, by various authors
The Terrorist Next Door: The Militia
Movement and the Radical Right, by Daniel $16.00
Levitas
The Art of Anonymous Activism: Serving the
Public While Surviving Public Service by $10.00
PEER, GAP & POGO
All Rise: Somebodies, Nobodies, and the $15.00
Politics of Dignity by Robert Fuller
Membership dues/special contribution

TOTAL
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Save us postage, save yourself the time,
save our environment, and spare the trees!

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