Confirmation: Data from FBI Raid not reviewed for Rocky Flats cleanup

In Environment, Plutonium, Rocky Flats on June 8, 2010 at 5:58 am

To:                  Doug Young, Office of Senator Mark Udall

From:             LeRoy Moore, Ph.D.

Date:               February 3, 2010

Documents from Investigation of Environmental Crimes

at Rocky Flats Sealed in Denver Federal Courthouse

Were Never Reviewed for the Rocky Flats Cleanup

Without your intending to do so, at the February 1 meeting of Rocky Flats Stewardship Council you made a major contribution to public knowledge by helping bring out into the open the fact that CDPHE and EPA did not examine the contents of 65 cartons sealed in the Denver federal courthouse to see if they contain information pertinent to the cleanup of Rocky Flats that was completed in 2005. The occasion of your unintended service to truth began with remarks you made in the midst of the Stewardship Council’s discussion about how the Council would respond to Rep. Wes McKinley’s re-introduction of a bill to require signs at entries to the Rocky Flats National Wildlife Refuge informing potential visitors that visiting the refuge entails some risk.

You said in effect that Rep. McKinley’s bill is based in the bogus supposition that no one knows what information regarding environmental contamination at Rocky Flats is hidden in the 65 cartons of documents sealed by court order as part of the out-of-court settlement of the case against Rockwell that had been triggered by the 1989 FBI raid on the Rocky Flats Plant to collect evidence of environmental lawbreaking at the plant

You reported that some years back Mr. Udall had asked that the cartons in question be made available to the EPA and CDPHE, and in dismissing Rep. McKinley’s bill as you did you gave the impression that the cleanup at Rocky Flats was done with the full knowledge on the part of these agencies of the contents of the cartons that remain locked away in the federal courthouse. You will recall that a couple of people present, myself being one of them, challenged what you said.

Within a few minutes following your remarks I walked across the room and asked Carl Spreng of CDPHE, “Did CDPHE ever see the contents of those cartons?” His answer: “No.”

The truth that you thus helped bring out into the open is that the cleanup at Rocky Flats was completed without the regulators, CDPHE and EPA, reviewing the contents of the 65 cartons that remain sealed in the Denver federal courthouse. Do those cartons contain data regarding environmental conditions at Rocky Flats that should have been reviewed by those responsible for the cleanup? I do not know and neither do you. Until that material is available for review, there is no rational basis for criticizing people who question the cleanup on the grounds that data regarding environmental lawbreaking was never examined

Please tell Senator Udall that he can perform a real service if he insists that the 65 cartons of data locked away in the federal courthouse be made available for public review. Public review is necessitated by the fact that the regulators, in their failure to insist on reviewing this material as part of the cleanup, have discredited and dishonored themselves.

Let me say finally, Doug, that with your words at the February 1, 2010, Stewardship Council meeting you did a great disservice to yourself, to Senator Udall, to Rep. Wes McKinley and to all present who heard what you said. I trust there’ll be no repeat.

Cc:       Senator Mark Udall

Rep. Jared Polis

Rocky Flats Stewardship Council

Carl Spreng, CDPHE

Vera Moritz, EPA

Scott Surovchak, DOE

Steve Berendzen, FWS

Rep. Wes McKinley

Anne Fenerty

Harvey Nichols, Ph.D.

Judith Mohling

Mary Harlow

Hildegard Hix

W. Gale Biggs, Ph.D.

Niels Schonbeck, Ph.D.

Joel Selbin, Ph.D.

Sam Dixion


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