9/11 Whistleblower Who Exposed First Responder Risks Faces Another Blow From EPA
By Kirsten Stade
The U.S. Environmental Protection Agency (EPA) scientist who raised the alarm about dangers to First Responders and residents at the World Trade Center conflagration has received a proposed removal more than a year after a federal civil service court ordered her returned to work, according to Public Employees for Environmental Responsibility (PEER). EPA re-filed the same charges from 2010 which had been thrown out for violations of her constitutional due process rights.
Dr. Cate Jenkins, a senior chemist with more than three decades of agency tenure, publicly charged that due to falsified EPA standards, First Responders waded into dust so corrosive that it caused chemical burns deep within their respiratory systems. After raising the issue to the EPA Inspector General, Congress and the FBI, Dr. Jenkins was isolated, harassed and ultimately removed from her position on Dec. 30, 2010 by EPA, based upon an un-witnessed and contested claim that the soft-spoken, petite childhood polio survivor threatened her 6-foot male supervisor.
In a ruling dated May 4, 2012, the Merit Systems Protection Board (MSPB) unanimously vacated Dr. Jenkins’ termination and ordered that she be fully restored and given back pay with interest. Rather than return her to work, however, EPA kept her on paid administrative leave for over a year before re-filing the charges against her on Aug. 27. However, the MSPB had ruled that EPA could not re-file the charges if Dr. Jenkins established that they were retaliation for her whistleblowing, and that she must be given the opportunity to do so.
“These charges against Dr. Jenkins never made any sense but what makes even less sense is the EPA decision to re-bring them even before a decision has been made on her still-pending retaliation claims and in direct contradiction to the language of the MSB order,” stated PEER Senior Counsel Paula Dinerstein, who, along with PEER Counsel Kathryn Douglass and private attorney Mick Harrison, represents Dr. Jenkins, and is seeking to have the new charges quashed. “EPA’s decision once again to attempt to fire Dr. Jenkins is further suspect given the historic context of EPA Region 2’s (New York) explicit attempt to gag Dr. Jenkins and the political editing by the White House to delete warning language from an EPA press release after 9/11,” said Harrison.
EPA repeatedly failed to provide Dr. Jenkins’ legal team with required discovery on a number of issues, especially the apparent high-level collusion to remove her. For example, one agency document recently produced was from then-Administrator Lisa Jackson sending a news clip about the MSPB reversal of Dr. Jenkins’ firing from her personal email account to her now-famous Richard Windsor pseudonym account and then forwarded to her top deputy with this cryptic message: “Have you been briefed on this by Craig?”
“The evidence we have assembled shows a high-level involvement in instigating and pursuing these dubious allegations,” Dinerstein added, noting that starting in October 2001, Dr. Jenkins also revealed EPA and New York City’s falsifications of asbestos levels and standards. Earlier, starting in 1990, Dr. Jenkins disclosed the manipulation of studies on workers exposed to dioxin, contained in Agent Orange, which had been used to deny Vietnam veterans health benefits. “Dr. Jenkins’ actions following 9/11 took courage and deserve our gratitude.”
Meanwhile, EPA has not corrected the mistakes it made on 9/11. In 2011, PEER on Dr. Jenkins’ behalf filed a formal rule-making petition demanding that EPA dramatically tighten its corrosivity standard so that responders would be alerted to use personal protection equipment to prevent lung and respiratory tract damage. The petition would bring the U.S. into line with standards in force in the European Union, Canada and adopted by the United Nations since at least 1970. EPA has yet to respond.
Visit EcoWatch’s HEALTH page for more related news on this topic.
By Tara Lohan
Our plastic pollution problem has reached new heights and new depths.
Scientists have found bits of plastic on the seafloor, thousands of feet below the ocean's surface. Plastic debris has also washed ashore on remote islands; traveled to the top of pristine mountains; and been found inside the bodies of whales, turtles, seabirds and people, too.
1. There’s a lot of it.<p>In a September study published in <em>Science </em>about the growth of plastic waste, an international team of researchers estimated that 19 to 23 million metric tons — or 11% of plastic waste generated — ended up in aquatic ecosystems in 2016. And even with countries pledging to help cut waste or better manage it, the amount of plastic pollution is <a href="https://science.sciencemag.org/content/369/6510/1515" target="_blank" rel="noopener noreferrer">likely to double</a> in the next 10 years.</p><p>A <a href="https://science.sciencemag.org/content/369/6510/1455" target="_blank">study</a> about solutions to plastic waste, published in the same issue, attributed the plastic pollution epidemic to a rise in single-use plastic and "an expanding 'throw-away' culture." The researchers also found that waste-management systems simply can't deal with the onslaught of plastic, which is why so much of it ends up in the environment. We now know that only <a href="https://www.nationalgeographic.org/article/whopping-91-percent-plastic-isnt-recycled/" target="_blank">9% of the plastic products</a> we use actually get recycled.</p>
2. The United States is a big culprit.<p>Plastic pollution is a global problem, but the United States plays an outsized role. In 2016 the United States was responsible for more plastic waste than any other country, a <a href="https://advances.sciencemag.org/content/6/44/eabd0288" target="_blank">new study</a> in <em>Science Advances</em> found. Some of that waste was dumped illegally within the country and some was shipped to other countries that lacked the necessary infrastructure to handle it.</p><p>"The amount of plastic waste generated in the United States estimated to enter the coastal environment in 2016 was up to five times larger than that estimated for 2010, rendering the United States' contribution among the highest in the world," the researchers concluded. Part of that is because the United States ranks second in exporting plastic scrap.</p>
3. It threatens wildlife and ecosystems.<img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNDg3MTUwMi9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYzMzE1MzM2MH0.YL5C-5GF2mq9OZBLSkcAnreq2Mai20DweKSNqeUSWM4/img.jpg?width=980" id="20233" class="rm-shortcode" data-rm-shortcode-id="3db4a05d5d417d925a770cf309db1db1" data-rm-shortcode-name="rebelmouse-image" />
A giant otter plays with a plastic bottle. Paul Williams / CC BY-NC 2.0<p>Out of sight (for Americans) is <em>not </em>out of mind — and definitely not out of our waterways. An estimated 700 marine species and 50 freshwater species have either ingested plastic or been entangled in it.</p><p>"If we don't get the plastic pollution problem in the ocean under control, we threaten contaminating the entire marine food web, from phytoplankton to whales," George Leonard, the Ocean Conservancy's chief scientist and coauthor of the September <em>Science </em>study about plastic waste's increase, <a href="https://www.nationalgeographic.com/science/2020/10/plastic-pollution-huge-problem-not-too-late-to-fix-it/" target="_blank">told <em>National Geographic</em></a>. "And by the time the science catches up to this, perhaps definitively concluding that this is problematic, it will be too late. We will not be able to go back. That massive amount of plastic will be embedded in the ocean's wildlife essentially forever."</p><p>Microplastics have also been found in terrestrial animals, soil, drinking water and, not surprisingly, <a href="https://www.forbes.com/sites/victoriaforster/2020/08/18/microplastics-found-in-human-organs-for-the-first-time/?sh=42994a4e16f2" target="_blank" rel="noopener noreferrer">in our own bodies</a>, although it's not clear yet just how dangerous that is for people.</p>
4. The fracking boom is producing a plastic boom.<p>Despite the known risks of plastic pollution and concern over its mounting presence in the environment, plastic production — driven by fossil fuels like fracked gas and its component chemicals — is on pace to increase by 40% in the next 10 years.</p><p>The American Chemistry Council <a href="https://www.americanchemistry.com/Shale-Infographic/" target="_blank" rel="noopener noreferrer">boasted that shale gas drilling is driving a surge</a> in plastic production, including the investment of more than $200 billion to fund new and expanded operations at 343 production plants in the United States.</p><p>On the ground this means more harmful pollution along the Gulf Coast's "Cancer Alley," where petrochemicals have been manufactured for decades in low-wealth communities of color. And it means the build-out of new facilities in Rust Belt states such as Ohio, Pennsylvania and West Virginia.</p><p>Fracking also causes harmful greenhouse gas emissions, like methane, to be released into the atmosphere — amplifying the climate crisis. The refining process and the incineration of plastic waste also further drives greenhouse emissions and hazardous pollution.</p>
A petrochemical plant in Houston's ship channel. Louis Vest / CC BY-NC 2.0
5. Solutions are multifaceted.<p><a href="https://www.dw.com/en/plastic-pollution-do-beach-cleanups-really-make-a-difference/a-46196975" target="_blank" rel="noopener noreferrer">Beach cleanups</a> tend to make headlines, but it's a losing battle as long as petrochemical companies keep producing so much plastic and we keep using plastic for products we're meant to toss after a single use.</p><p>The September study in <em><a href="https://science.sciencemag.org/content/369/6510/1455" target="_blank">Science</a></em> on plastic solutions found that it's possible to cut plastic pollution — perhaps as much as 80% by 2040 — but it will take systemic change both in reducing the amount of plastic produced and in better managing the waste stream.</p><p>Regulatory efforts can help this process, including by regulating plastic as a pollution source under the Clean Water Act.</p><p>Efforts to ban single-use plastics, as the European Union aims to do by 2021, are another positive step. So too are "<a href="https://therevelator.org/california-plastic-legislation/" target="_blank" rel="noopener noreferrer">circular economy laws</a>," which have been <a href="https://www.congress.gov/bill/116th-congress/house-bill/5845?q=%7B%22search%22%3A%5B%22H.R.5%22%5D%7D&s=1&r=5" target="_blank" rel="noopener noreferrer">introduced, but not yet passed</a>, in the United States.</p><p>These laws would halt the production of new petrochemical facilities and encourage businesses to take responsibility for the full lifecycle of the products they produce by requiring them to be reused, adequately recycled or composted.</p><p>Getting circular economy laws enacted, though, will mean enough public and political will to counter the petrochemical, fossil fuel and plastic industries.</p><p>At <em>The Revelator</em>, we'll keep covering the push for solutions to the plastic problem and new science to better understand the threats. And if you want to know more about how wildlife has already been affected, what laws could help, whether industry will be held accountable and more, check out these stories from our archives:</p><p><strong>Laws and Regulations</strong></p><p><strong></strong><a href="https://therevelator.org/plastic-pollution-warnings/" target="_blank">Plastic Pollution: Could We Have Solved the Problem Nearly 50 Years Ago?</a></p><p><a href="https://therevelator.org/clean-water-plastic/" target="_blank" rel="noopener noreferrer">How an Old Law Is Helping Fight New Plastic Problems</a></p><p><a href="https://therevelator.org/california-plastic-legislation/" target="_blank" rel="noopener noreferrer">New California Bill Could Revolutionize How the U.S. Tackles Plastic Pollution</a></p><p><a href="https://therevelator.org/plastic-pollution-laws/" target="_blank" rel="noopener noreferrer">What Laws Work Best to Cut Plastic Pollution?</a></p><p><a href="https://therevelator.org/plastic-illegal/" target="_blank" rel="noopener noreferrer">Can Plastic Ever Be Made Illegal?</a></p><p><strong>Impacts</strong></p><p><a href="https://therevelator.org/toxic-plastic-pollution-food-chain/" target="_blank" rel="noopener noreferrer">Something Fishy: Toxic Plastic Pollution Is Traveling Up the Food Chain</a></p><p><a href="https://therevelator.org/plastic-pollution-ship-shore/" target="_blank" rel="noopener noreferrer">Plastic Pollution: From Ship to Shore</a></p><p><a href="https://therevelator.org/plastics-fracking-climate/" target="_blank" rel="noopener noreferrer">Plans to Turn America's Rust Belt Into a New Plastics Belt Are Bad News for the Climate</a></p><p><a href="https://therevelator.org/trash-galapagos-ecotourism/" target="_blank" rel="noopener noreferrer">Trash in the Galápagos Reveals the Dark Side of Ecotourism</a></p><p><a href="https://therevelator.org/elephant-seals-diving-garbage/" target="_blank" rel="noopener noreferrer">Elephant Seals: Diving Through Garbage</a></p><p><strong>Taking Action</strong></p><p><em><a href="https://therevelator.org/story-plastic-review/" target="_blank" rel="noopener noreferrer">The Story of Plastic: </a></em><a href="https://therevelator.org/story-plastic-review/" target="_blank" rel="noopener noreferrer">New Film Exposes the Source of Our Plastic Crisis</a></p><p><a href="https://therevelator.org/plastic-movie-stuff/" target="_blank" rel="noopener noreferrer">How to Win the Fight Against Plastic</a></p><p><a href="https://therevelator.org/cities-zero-waste/" target="_blank" rel="noopener noreferrer">Can Cities Go Zero-waste? One Japanese Town Tried</a></p><p><a href="https://therevelator.org/secret-value-trash/" target="_blank" rel="noopener noreferrer">The Secret Value of Trash</a></p><p><a href="https://therevelator.org/junk-raft-polluted-ocean/" target="_blank" rel="noopener noreferrer">Junk Raft: A Journey Through a Polluted Ocean</a></p><p><a href="https://therevelator.org/bioplastics-environment/" target="_blank" rel="noopener noreferrer">Are Bioplastics a Better Environmental Choice?</a></p><p><a href="https://therevelator.org/plastic-straws-problem-solution/" target="_blank" rel="noopener noreferrer">Plastic Pollution Is a Problem — These Kids Are Working for a Solution</a></p><p><a href="https://therevelator.org/thai-activists-fight-trash-taboo/" target="_blank" rel="noopener noreferrer">Thai Activists Fight Trash Taboo</a></p><p><em><a href="https://therevelator.org/author/taralohan/" target="_blank">Tara Lohan</a> is deputy editor of The Revelator and has worked for more than a decade as a digital editor and environmental journalist focused on the intersections of energy, water and climate. Her work has been published by The Nation, American Prospect, High Country News, Grist, Pacific Standard and others. She is the editor of two books on the global water crisis.</em></p><p><em>Reposted with permission from <a href="https://therevelator.org/plastic-pollution-archives/" target="_blank">The Revelator</a>. </em></p>
EcoWatch Daily Newsletter
Hundreds of endangered sea turtles were stranded on beaches after suffering "cold stunning" in the waters off Cape Cod, Mass. Local rescuers and wildlife rehabilitators stabilized the turtles at the New England Aquarium (NEAQ) and National Marine Life Center and began treatment. Many of the sea turtles were transported by land or air to partner facilities around the Eastern Seaboard for longer-term care to make room for more incoming, cold-stunned animals.
Rehabilitators at The Turtle Hospital in the Florida Keys assess critically endangered, cold-stunned Kemp's ridley sea turtles flown in after rescue in New England. The Turtle Hospital<p>NEAQ and local rescuers begin seeing turtles every fall when water temperatures drop to that 50 degrees F threshold, and typically expect to find them into early January. After that, <a href="https://www.ecowatch.com/sea-turtle-cape-cod-weather-2621527394.html" target="_self">temperatures are so cold that any animals found are usually no longer alive</a>.</p><p>Merigo estimated that this year's cold season "looks very busy" and noted that local rescue efforts had already surpassed 400 turtles.</p><p>"It is a lot of animals. They're still coming in," she told EcoWatch as she surveyed 39 rescued turtles that day and 20 the day prior. "So far, this is a huge year."</p><p>At NEAQ, the turtles are gradually warmed up about five to 10 degrees F a day. More aggressive warming can cause serious damage and the turtle might not survive, Merigo said. Emergency treatments also include providing replacement fluids, balancing electrolytes and addressing pneumonia. Assessments take place for other serious problems too, such as shell or limb fractures, frostbite, emaciation and eye damage.<span></span></p><p>As local aquariums don't have the capacity to care for all the injured turtles, a group of private pilots called <a href="https://www.turtlesflytoo.org/" target="_blank">"Turtles Fly Too"</a> donated planes, fuel and time to transport some to various partner facilities around the country. Other turtles were driven to closer care facilities.</p><p>"We have a huge network of really great partners working with us, so if we can spread out the care, we can give better care to all the animals," Merigo said.</p><p>The 40 Kemp's ridley sea turtles recovering in The Turtle Hospital will continue to be treated and rehabilitated anywhere from 30 days to a year, depending on the severity of injuries, Zirkelbach said.</p><p>The turtle expert noted that while she's treated cold-stunned turtles from the north before, the newest arrivals were the most cold-stunned Kemp's ridleys ever received at one time.</p>
After rescue, cold-stunned sea turtles received immediate emergency care and assessments at the New England Aquarium. Caitlin Cunningham / New England Aquarium<p>In the past decade, the Gulf of Maine, which spans from Cape Cod to Nova Scotia, has warmed 99 percent faster than the rest of the ocean, Zirkelbach said. The warm water encourages turtles that migrate north along the Gulf Stream in warmer months to stay in the bay longer.</p><p>"Turtles that fail to migrate south get stuck in the unique horseshoe-shaped topography of the Cape Cod peninsula, and when temperatures drop, the bay becomes a death trap," she added.</p><p>Before ocean temperatures warmed, the waters of Maine were too cold for many of these sea turtles, Merigo echoed. Now, with warming sea surface temperatures, Maine can reach the high 70s to low 80s, which is "perfect turtle temperature," she said. The potential for more turtles getting trapped in the bay and then cold-stunned is nerve-racking for Merigo.</p><p>In addition to shifting habitats as waters warm, warming global temperatures also disrupt natural gender balance in sea turtles, Merigo warned. Gender is determined by the temperature of eggs in nests, and as the planet warms, it will result in all females at some point, she said.</p><p>"The turtles we work with are all endangered and threatened," Merigo said. "For sea turtles in general, the future is a little grim. Climate change is real; it does impact them."</p>
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