Posts Tagged ‘Dupont’

Dupont: Doubt (And Intimidation) Are Their Product

September 30th, 2009 No comments

Dupont Lawyers Target DEP Scientists – While Paid Dupont Consultants “Manufacture Doubt”

We have been writing about behind the scenes efforts of politically powerful polluters to exert improper influence on DEP scientists. We have called this the War on Science.

Dupont Chambers Works plant in Deepwater NJ is one of the worlds largest polluters. The plant manufactures PFOA & polluted groundwater with PFOA

Dupont Chambers Works plant in Deepwater NJ is one of the worlds largest polluters. The plant manufactures PFOA & polluted groundwater with PFOA

Today we focus on the ugly tactics of Dupont.

But, first we put Dupont’s moves in context, and then present the game plan Dupont is following, via review of a superb new book by a scientific expert in the field.

We have documented an extremely troubling recent series of events that illustrate this war:

  • DEP’s Chief Nuclear Engineer was demoted and transferred out of the nuclear safety program in retaliation for private remarks he made that questioned the nuclear industry’s influence on the Nuclear Regulatory Commission during the relicensing hearings on the Oyster Creek plant, one of the nation’s oldest and riskiest plants;
  • A PFOA health risk assessment paper prepared by DEP scientists was pulled from submission for publication under orders from then DEP Commissioner Jackson;
  • DEP Commissioner Jackson abolished the Division of Science and Research and used a bogus pretext to create a new external and potentially industry controlled Science Advisory Board. This move destroyed the independence of DEP science and a more than 20 years old effective scientific review process at DEP;
  • The former Division of Science and Research Director, a woman with a PhD and 15 years of experience, was transferred to an administrative job in retaliation for defending scientific integrity;
  • DEP issued a gag order in retaliation for DEP scientists’ release of a controversial Jersey City chromium health risk assessment. The new risk assessment concluded that chromium is a carcinogen and that current DEP standards are more than 200 times laxer than these new findings indicate are needed to protect public health. The gag order authorized DEP managers to hold completed scientific work in un-releasable draft form for an indefinite period; to restrict public disclosure under OPRA; and for intervention by political and DEP press office by allowing non scientists to conduct prepublication reviews of any controversial scientific reports;
  • We disclosed documents that revealed that DEP scientists had to run a political gauntlet to publish a risk assessment on a chemical that has spread to contaminate drinking water. The controversy concerned perfluorooctanoic acid (PFOA), a toxic chemical manufactured by a NJ giant Dupont, used in nonstick cookware and stain resistant fabrics, such as Scotchguard.Those documents showed that DuPont was urgently pressing DEP regulators to lower a potentially multi-billion dollar clean-up liability for polluting groundwater.
  • In a hostile move, lawyers representing DuPont filed several OPRA requests that personally targeted and intimidated the DEP scientists conducting the PFOA research.
  • Dupont was granted a highly unusual opportunity: on August 7, 2009,Dr. Robert Tardiff of the Sapphire Group, which is advising DuPont, presented his PFOA risk assessment to members of the NJ Drinking Water Quality Institute. That same week, Tardiff privately met behind closed doors with DEP scientists and regulators;
  • Facing a lawsuit, DEP was forced to released documents outlining how a health study of air pollution in Camden neighborhoods was re-written to allay industry objections. The released e-mails depict a clubby, closed door climate in which the state regulators seek to assuage industry concerns even while keeping the affected community in the dark;
  • An audit by the U.S. Environmental Protection Agency faulted the quality and consistency of New Jersey science, quality assurance/quality control (QA/QC) and technical programs for cleaning up toxic wastes, preserving wetlands and other key functions.

Scientific tactics in this war are laid out in detail in a wonderful new book by science professor David Michaels titled Doubt is their Product  –How Industry’s Assault on Science Threatens Your Health. Michaels is a professor at George Washington University, former Assistant Secretary for Environmental Safety and Health at the Department of Energy; and is now candidate for Administrator of the US Occupational Safety and Health Administration (OSHA).

Michaels exhaustively documents how industry, starting with the tobacco, lead, and asbestos industries, whose tactics were embraced by the chemical industry – has “manufactured doubt” to frustrate regulation, and as a result, killed and poisoned thousands of Americans. Using outright lies, denial, PR and then shifting to sophisticated “sound science”, industry is literally killing us.

Dr. Tardiff’s August 7, 2009 presentation of to the NJ Drinking Water Quality Institute scientists. Tardiff presented his own PFOA risk assessment to challenge the DEP risk assessment findings.

Dr. Tardiff's August 7, 2009 presentation of to the NJ Drinking Water Quality Institute scientists. Tardiff presented his own PFOA risk assessment to challenge the DEP risk assessment findings.

In my favorite chapter, The Enronization of Science, Michaels describes step by step exactly how a “classic uncertainty campaign” is conducted. I’ve seen it all at work here in NJ:

  • paid industry scientist attack government regulation and conduct dubious research to manufacture doubt and uncertainty in order to delay and forego regulation;
  • public relations groups mount PR and media campaigns to spin this science and mislead the American public;
  • highly paid legions of lawyers (“the products defense industry”) are called into action to litigate and intervene to frustrate regulation;
  • consulting firms, industry front groups, trade associations, and think tanks are formed to promote the industry’s economic interests and create an echo chamber for bogus scientific claims;
  • Lobbyists work Congress and the Whitehouse to pressure regulators and thwart regulation

Michaels concludes with an urgent warning and appeal to scientists to wake up to what is going on and speak out to the American public:

Industry has learned that debating the science is much easier and more effective than debating the policy. Take global warming for example. The vast majority of climate scientists believe that there is adequate evidence of global warming to justify immediate intervention to reduce the human contribution. They understand that waiting for absolute certainty is far riskier and potentially far more expensive  – than acting responsibly now to control the causes of climate change. Opponents of action, led by the fossil fuels industry, delayed this policy debate by challenging the science with a classic uncertainty campaign. I need only cite a cynical memo that Republican political consultant Frank Luntz delivered to his clients in early 2003. In “Winning the Global Warming Debate”, Luntz wrote the following:

“Voters believe that there is no consensus about global warming within the scientific community. Should the public come to believe that the scientific issues are settled, their views about global warming will change accordingly. Therefore, you need to continue to make the lack of scientific certainty a primary issue in the debate. The scientific debate is closing [against us] but not yet closed. There is still a window of opportunity to challenge the science (emphasis in original)….]

Polluters and manufacturers of dangerous products tout “sound science”, but what they are promoting just sounds like science but isn’t. Only the truly naive (if there are any of these folks left) will be surprised to learn that the sound science movement was the brainchild of Big Tobacco. George Orwell has given us a word fr such rhetoric. The vilification of any research that might threaten corporate interests as “junk science” and the sanctification of its own bought and paid for research as “sound science” is indeed Orwellian.

The scientific enterprise is at a crossroads.  We need to understand what is going on in the name of “sound science” and what the consequences may be and already have been for public health.  At its heart, this book is about the way in which product defense consultants have shaped and skewed the scientific literature, manufactured and magnified scientific uncertainty, an influenced policy decisions to the advantage of polluters. (emphases supplied)

In addition to the ugly attacks on DEP scientists by Dupont lawyers mentioned above, Dupont is engaged in a classic uncertainty campaign and war on science that so concerns professor Michaels.

I attended Dupont consultant Dr. Tardiffâs August 7, 2009 presentation of to the NJ Drinking Water Quality Institute scientists. Tardiff presented his own PFOA risk assessment to challenge the DEP risk assessment findings. Tardiff followed classic “manufacture doubt” tactics by challenging the validity of the animal studies that show that PFOA is a human carcinogen. Yet despite this over the top attack, not one DWQI scientist publicly challenged Tardiff’s misleading and radical conclusions. Clearly, they were intimidated and reluctant to call Tardiff out.

A single one of the above actions would be a problem.

Taken together they are deeply disturbing.

We’ll keep you posted.

In our next post, we will name names of industry scientists – including Dupont employees – that the chemical industry is pushing to control the new DEP Science Advisory Board.

New Front in War On Science – Lawsuit filed to Obtain Smoking Guns

September 29th, 2009 No comments


[Update: Star Ledger covers this story:  N.J. environment group claims DEP denial of records request violated state law ]

We recently warned of a Hostile Takeover of DEP Science – Industry Seeks to Stack Board with Cronies , the latest in an orchestrated  War on Science by politically powerful polluters and developers in NJ. The Star Ledger reported on that in a September 20, 2009 story: Scientists line up to join DEP’s controversial new advisory panel.

IMG_2703Since then, we received additional leaked DEP documents and emails which show that the NJ Chemistry Council (the trade group and lobbyist for NJ’s chemical industries) is seeking to have Dupont and Merck scientists appointed members of a controversial new DEP Science Advisory Board. Similar industry efforts to stack federal Science Advisory Boards during the Bush administration were repudiated by scientists. A Science magazine editorial “Advice without Dissent” hit the nail on the head:

The Bush administration has made some unwise recent moves that undermine the process by which scientists provide advice to the U.S. government. The applicable current law (the Federal Advisory Committee Act), which requires these advisory bodies to “. . . be fairly balanced in terms of the points of view represented and . . . not be inappropriately influenced by the appointing authority or by any special interest,” is more than empty boilerplate….

Instead of grappling with scientific ambiguity and shaping public policy using the best available evidence (the fundamental principle underlying public health and environmental regulation), we can now expect these committees to emphasize the uncertainties of health and environmental risks, supporting the administration’s antiregulatory views. And in those areas where there are deeply held conflicts in values, we can expect only silence. Regulatory paralysis appears to be the goal here, rather than the application of honest balanced science.

In fact, DEP Commissioner Mark Mauriello is meeting with the Chemistry Council this Thursday  to discus SAB appointments. Commissioner Mauriello, in contrast to federal law that mandates balance and prohibits inappropriate influence by special interests, has virtually unbounded discretion to appoint SAB members.

So, with some of the documents already in hand, I filed an OPRA request to obtain all of them. But in an attempt to keep this chemical industry campaign a covert war, DEP denied the OPRA request.

In response, today, PEER filed a lawsuit against DEP seeking all the documents. We are confident that we will prevail in this lawsuit and that the documents will disclose industry pressure to politicize science at DEP and protect polluters from DEP regulations.

This industry effort must be derailed. Formal industry control over DEP science would have profoundly detrimental impacts on the health of residents and the natural environment.

See below press release for details.

For Immediate Release: Monday, September 28, 2009

Contact: Bill Wolfe (609) 397-4861; Kirsten Stade (202) 265-7337

Industry Moves to Take Over Jersey Eco-Science Board

DEP Sued to Force Release of Lobbying Messages for Industry-Backed Scientists 

Trenton  – Industry wants to pack a new state environmental Science Advisory Board with its own scientists, according to Public Employees for Environmental Responsibility (PEER) which today filed a lawsuit to obtain public records regarding the industry lobbing effort. Department of Environmental Protection (DEP) Commissioner Mark Mauriello is reportedly making final picks for the 12-member board this week after meeting with the Chemistry Industry Council this Thursday.

The suit challenges the denial by DEP of an Open Public Records Act (OPRA) request filed by PEER seeking public records related to industry nominees and political lobbying for the Science Advisory Board (SAB) appointments. The DEP broadly claimed that practically all the requested documents are exempt from OPRA on the grounds that the pending appointments will be treated like candidates for employment, and thus confidential. Board members, however, are not DEP employees, nor would they be paid.

“DEP cannot make public records secret on the basis of an analogy,” stated New Jersey PEER Director Bill Wolfe who filed the document request. “Industry has a huge stake in getting friendly scientists on the board that will make the final recommendation on public health regulation.”

In late 2008, former DEP Commissioner Lisa Jackson abolished the Division of Science and Research, based in part on a recommendation of her Permit Efficiency Task Force, chaired by Chris Daggett, now an independent candidate for Governor. The Science Advisory Board is supposed to substitute for the work formerly done by DEP scientists.

Thus far, more than 100 nominations have been submitted. Industry associations have put forward scientists from major manufacturers such as DuPont and Merck as well as from engineers and technical specialists from industry-oriented consultant firms. This Thursday, October 1st, Commissioner Mauriello, who chooses the board members, will meet behind closed doors with the Chemistry Industry Council of New Jersey, the primary lobby group representing state-based manufacturers.

In recent months, DEP scientific studies have been the subject of intense industry lobbying pressure to amend or suppress, on public health topics ranging from the effects of chemicals, such as PFOAs made by DuPont, to cement dust blowing through Camden neighborhoods. The Administrative Order creating the SAB specifies a conflict of interest review of board nominees but it is not clear what specific rules will be applied, except that members are not supposed to act on matters in which they have a “financial or personal interest“ terms left undefined.

“It appears that industry will soon be providing the final edits on all scientific work done at DEP,” added Wolfe. “Without transparency in the selection process, there will always be the doubt that this board will more concerned with political science than environmental science.”

The OPRA lawsuit was filed today on behalf of PEER by Michael Pisauro of the Princeton-based firm of Frascella & Pisauro, LLC.


Read the PEER lawsuit

View DEP denial of record release under OPRA

Review the Science Advisory Board charter

Look at the ongoing war by industry against DEP science

Examine the tactics of DuPont