Re: [CPEO-MEF] Camp Lejeune (NC) - Justice Department will notprosecute

[Lenny Siegel <lsiegel@cpeo.org>]

I am not a lawyer, nor have I ever been, and I don't know all the
details of this case. But the Justice Department's finding on Camp
Lejeune disturbs me. It reminds me of the Defense Department position on perchlorate.

It seems to say that it's OK for government officials to knowingly allow
public exposure to hazardous substances at dangerous levels - at Camp
Lejeune they weren't even borderline - as long as there is no specific
promulgated health standard.

For the foreseeable future, we will continue to discover that people are
being exposed to newly acknowledged hazardous substances, and it will be
years before each of them has a promulgated standard - especially if the
polluters continue their efforts to delay, weaken, and even prevent promulgation.

To protect public health, there must be a level of accountability that
kicks in as soon as it become apparent that unhealthy exposures are
likely. The development of health standards should be a process that
protects the public, not the polluters or government officials who fail
to do their job.

Lenny

Lenny Siegel wrote:
> 
> I received this indirectly:
> 
> "After a thorough review of all pertinent evidence, the Justice
> Department, in consultation with the Environmental Protection Agency,
> has concluded that it will not seek criminal prosecution in the case
> regarding water contamination at the Marine Corps Base, Camp Lejeune,
> North Carolina. The fact that the actions in question were taken prior
> to the promulgation of legally enforceable standards regarding safe
> drinking water precludes criminal prosecutions against any of the
> parties involved.
> 
> "The government's investigation revealed that there were neither
> criminal violations of the Safe Drinking Water Act, nor was there a
> conspiracy to withhold information, falsify data, or impede the federal
> investigation by members of the military and relevant public health
> services. Based upon the evidence, the Justice Department has concluded
> that no federal criminal law was broken nor was there an attempt to
> conceal evidence regarding a violation of any law.
> 
> "Camp Lejeune was placed on EPA's National Priorities list for cleanup
> under the Comprehensive Environmental Response Compensation and
> Liability Act in 1989, and is presently undergoing cleanup as a
> Superfund site. The EPA will be able to provide details about the status
> of the cleanup. Also, the Agency for Toxic Substances and Disease
> Registry (ATSDR) is conducting an on-going health study."
> 
> Cynthia J. Magnuson
> Office of Public Affairs
> U.S. Department of Justice
> cynthia.magnuson@usdoj.gov
> 
> --
> 
> Lenny Siegel
> Director, Center for Public Environmental Oversight
> c/o PSC, 278-A Hope St., Mountain View, CA 94041
> Voice: 650/961-8918 or 650/969-1545
> Fax: 650/961-8918
> <lsiegel@cpeo.org>
> http://www.cpeo.org
> _______________________________________________
> Military mailing list
> Military@list.cpeo.org
> http://www.cpeo.org/mailman/listinfo/military

-- 


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org
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