In December 1994, Brian Holtzclaw, a highly praised chemical engineer,
was terminated as Coordinator of the Tri-State Geographic Initiative
by the US Environmental Protection Agency (EPA) and the Kentucky
Department of Environmental Protection (KDEP). In his 83-page report,
the first detailed environmental justice analysis on KDEP letterhead,
Holtzclaw documented the disproportionately high releases of toxic
chemicals and adverse health effects suffered by low-income and
minority residents in parts of Kentucky, West Virginia, and Ohio.
Holtzclaw's report urged federal agencies to invoke NEPA statutes and
require an environmental impact statement before allowing the
construction of two new chemical plants in the region. KDEP officials
ordered Holtzclaw NOT to release his report. A few days later he was
stripped of his position and transferred to the EPA Region 4 office in
Atlanta.[1]
This action by government agencies that claim to protect human health
and the environment directly contradict President Clinton's Executive
Order 12898 and EPA's own response to that order which says, "No
segment of the population, regardless of race, color, national origin,
or income... suffers disproportionately from adverse human health and
environmental effects, and all people live in clean, healthy and
sustainable communities." Further, EPA states, "EPA will help
affected communities have access to information which will enable them
to meaningfully participate in activities."[2] Ironically,
Holtzclaw's report, if it had been released, would have been a large
step towards fulfilling this stated goal.
The withholding of Holtzclaw's report and termination of his position
with the KDEP was only the final incident in a year of harassment and
other retaliatory acts where Holtzclaw was subjected to a "hostile
work environment" because of his whistleblowing activities. In
November 1994, Holtzclaw filed a complaint with the US Department of
Labor (DOL) alleging discrimination in violation of six federal
environmental whistleblower statutes by the EPA and KDEP. Four
activist groups including the Southern Organizing Committee for
Economic & Social Justice (SOC), the Ohio Valley Environmental
Coalition, the Coalition for Health Concern, and the Justice Resource
Center, have participated in the case on his behalf.[3]
In November 1995, the EPA paid Holtzclaw $20,000 to settle his
complaint against them, denying his charges, but agreeing to allow him
to continue working on issues of environmental justice and
environmental health, including projects in the Tri-State region. To
date this has not occurred. The complaint against KDEP has yet to be
settled. In November 1995, during five days of hearings, Holtzclaw's
attorney, Stephen Kohn, demonstrated that Holtzclaw was a "dedicated
public servant who made miraculous progress in attacking complex
issues." Kohn also said that Holtzclaw was punished because he told the
truth.[4]
Recently DOL Administrative law Judge Ainsworth Brown recommended that
Holtzclaw's complaint be dismissed. Brown's recommendation now goes
to US Secretary of Labor Robert Reich for a final decision. SOC's
Executive Director, Connie Tucker, reports that a "friend-of-the-
court" (Amicus Curiae) brief will be filed this summer when
Holtzclaw's lawyers file briefs with the Secretary of Labor. Local,
Regional, and National organizations concerned about environmental
justice will be asked to join in and sign the brief and to help inform
the public about this important case.[5]
CONTACT:
Connie Tucker, SOC: 404-755-2855, socejp@igc.apc.org
Ann Braden, SOC: 502-776-7874
Michael Meuser: 408-458-4245, meuser@cruzio.com
SOURCES:
[1] Whistleblower News & Law Reporter, "EPA Engineer Risks All to Seek
Environmental Justice," Spring/Summer 1995.
[2] US EPA, "Environmental Justice Strategy: Executive Order 12898,"
EPA/200-R-95-002, April 1995.
[3] Brian L. Holtzclaw v. US Environmental Protection Agency, and
Commonwealth of Kentucky, Natural Resources and Environmental
Protection Cabinet, Department of Environmental Protection. Case No.
95-CAA-7 before the Honorable Ainsworth Brown, US Department of Labor
Office of Administrative Law Judges.
[4] Andrew Melnykovych, "EPA to pay $20,000 Settlement to Employee,"
The Courier-Journal (Louisville, Kentucky), November 3, 1995. Ann
Braden, "Environment Column Misleads," The Courier-Journal
(Louisville, Kentucky), May 17, 1995. Steve Bailey, "Pollution
Regulator May Return," Associated Press (Paducah Sun, Western
Kentucky), November 3, 1995.
[5] Ann Braden, "Grass-Roots Groups Launch National Drive to Support
Environmental Whistleblower," Press Release, Southern Organizing
Committee for Economic & Social Justice, July 15, 1996.
RESOURCES:
Brian Holtzclaw, "Environmental Whistleblowers: Protecting Your
Rights," The Networker: The Newsletter of the Science and
Environmental Health Network, March-April 1996.
Dianne Bady, "Community Battles Ashland Abuses Against the Odds," OIL
RAG Issue #3 (March 1996), Communities for a Better Environment
(cbesf@igc.apc.org).
Rachel's Environment and Health Weekly issues 484, 400, 350, 349, 345,
328, 298, 254, Published by Dr. Peter Montague, Environmental
Research Foundation (http://www.monitor.net/rachel/)
William Sanjour, "In Name Only (Environmental Protection Agency),"
Sierra 77(5) (September-October, 1992), pg. 74-86.
(this post for those of us who missed it the first time around)