Cate Jenkins

Last updated

Cate Jenkins is a chemist at the Environmental Protection Agency, best known for whistleblowing on possible health effects arising from the September 11 attacks.

Contents

Early life

Jenkins survived polio in childhood. [1] [2]

Monsanto

Jenkins accused Monsanto of falsifying a study on Agent Orange's carcinogenity and was wrongly transferred out of her job in the 1990s. [1]

Monsanto has in fact submitted false information to EPA which directly resulted in weakened regulations under RCRA and FIFRA...

Cate Jenkins, 1990 memorandum, The Ecologist

She raised the issue of Dioxin to the public. [3] She was commended by veterans organizations for her work, as her proof that dioxin was carcinogenic allowed those who had gotten injuries from the spraying of Agent Orange to get compensation. [4]

9/11

Background

Jenkins was the first EPA official to warn of the danger of the dust at Ground Zero; [5] asbestos, lead, cement particles, and glass fibers were found in the dust. [6]

She claimed that the EPA deliberately downplayed the dangers of rubble like at 9/11 and had been doing so since the 1980s. [5] She said that the EPA "knowingly falsified the alkaline pH level that is considered safe for human exposure" in setting its corrosivity standard. [7] Caustic dust causes lung damage and cancer. [8]

Christine Todd Whitman, head of the EPA, claimed there was no health hazard from 9/11. On September 18, 2011, Whitman said, "...Their air is safe to breathe...The concentrations are such that they don't pose a health hazard...We're going to make sure everybody is safe." [9]

No protective gear, like respirators, was worn by responders. More than two-thirds have permanent lung damage. [5] [8]

Whistleblowing

Jenkins claimed she attempted to raise concerns with EPA officials, but was ignored, and retaliated against for doing so. [7]

In 2006, Jenkins sent a letter to Congress claiming that test reports from the EPA intentionally distorted the alkalinity and causticness of the dust at Ground Zero. [10] Later that same year, representatives attempted to see if charges could be brought against Whitman; they could not. [8]

In 2010, Jenkins was fired, purportedly for physically threatening her supervisor. [11] Jenkins is petite and a survivor of childhood polio; her supervisor was male and over six feet tall. [5]

The Merit Systems Protection Board found that Jenkins was denied her right to due process on May 4, 2012; [5] it ordered her reinstated to her position with back pay and interest. [12] Instead of reinstating her, the EPA kept Jenkins on paid administrative leave until refiling charges against her on August 27, 2013. [13]

The MSPB ruled that the EPA could not refile charges if Jenkins established they were retaliation. [13]

“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,” said Paula Dinerstein, Public Employees for Environmental Responsibility Senior Counsel and one of Jenkins's lawyers. [13]

On September 6, 2013, Dinerstein demanded the EPA withdraw its charges or face a new legal action. On September 25, the EPA Deputy Counsel stated they were withdrawn "effective immediately".

In 2015, Department of Labor judge Linda Chapman ruled that the EPA illegally retaliated against Jenkins and sought to conceal exonerating evidence. She found that the EPA had "failed to produce literally thousands of documents" and "deliberately and illegally destroyed an unknown number of documents which should have been under a litigation hold." [14]

Rule-making petition

In September 2011, Jenkins and PEER filed a rulemaking petition to get the EPA's corrositivity standard changed; the EPA's regulation is 10 times less stringent than those set by the UN and EU. [15] [7]

An episode of 9/11 Whistleblowers focused on her aired August 7, 2019. [16]

See also

Related Research Articles

<span class="mw-page-title-main">Hazardous waste</span> Ignitable, reactive, corrosive and/or toxic unwanted or unusable materials

Hazardous waste is waste that must be handled properly to avoid damaging human health or the environment. Waste can be hazardous because it is toxic, reacts violently with other chemicals, or is corrosive, among other traits. As of 2022, humanity produces 300-500 million metric tons of hazardous waste annually. Some common examples are electronics, batteries, and paints. An important aspect of managing hazardous waste is safe disposal. Hazardous waste can be stored in hazardous waste landfills, burned, or recycled into something new. Managing hazardous waste is important to achieve worldwide sustainability. Hazardous waste is regulated on national scale by national governments as well as on an international scale by the United Nations (UN) and international treaties.

<span class="mw-page-title-main">United States Environmental Protection Agency</span> U.S. federal government agency

The Environmental Protection Agency (EPA) is an independent agency of the United States government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it began operation on December 2, 1970, after Nixon signed an executive order. The order establishing the EPA was ratified by committee hearings in the House and Senate.

<span class="mw-page-title-main">Roundup (herbicide)</span> Glyphosate-based herbicide made by Monsanto

Roundup is a brand name of herbicide originally produced by Monsanto, which Bayer acquired in 2018. Prior to the late-2010s formulations, it used broad-spectrum glyphosate-based herbicides. As of 2009, sales of Roundup herbicides still represented about 10 percent of Monsanto's revenue despite competition from Chinese producers of other glyphosate-based herbicides. The overall Roundup line of products represented about half of Monsanto's yearly revenue in 2009. The product is marketed to consumers by Scotts Miracle-Gro Company. In the late-2010s other non-glyphosate containing herbicides were also sold under the Roundup brand.

<span class="mw-page-title-main">Nitro, West Virginia</span> City in West Virginia, United States

Nitro is a city in Kanawha and Putnam counties in the U.S. state of West Virginia. It takes its name from a World War I era nitrocellulose plant. The population was 6,618 according to the 2020 census. It is part of the Charleston metropolitan area.

<span class="mw-page-title-main">Industrial waste</span> Waste produced by industrial activity or manufacturing processes

Industrial waste is the waste produced by industrial activity which includes any material that is rendered useless during a manufacturing process such as that of factories, mills, and mining operations. Types of industrial waste include dirt and gravel, masonry and concrete, scrap metal, oil, solvents, chemicals, scrap lumber, even vegetable matter from restaurants. Industrial waste may be solid, semi-solid or liquid in form. It may be hazardous waste or non-hazardous waste. Industrial waste may pollute the nearby soil or adjacent water bodies, and can contaminate groundwater, lakes, streams, rivers or coastal waters. Industrial waste is often mixed into municipal waste, making accurate assessments difficult. An estimate for the US goes as high as 7.6 billion tons of industrial waste produced annually, as of 2017. Most countries have enacted legislation to deal with the problem of industrial waste, but strictness and compliance regimes vary. Enforcement is always an issue.

<span class="mw-page-title-main">Times Beach, Missouri</span> Ghost town in Missouri, United States

Times Beach is a ghost town in St. Louis County, Missouri, United States, 17 miles (27 km) southwest of St. Louis and 2 miles (3 km) east of Eureka. Once home to more than two thousand people, the town was completely evacuated early in 1983 due to TCDD contamination, formerly the largest civilian exposure to the compound in the history of the United States.

<span class="mw-page-title-main">Resource Conservation and Recovery Act</span> Federal law in the United States

The Resource Conservation and Recovery Act (RCRA), enacted in 1976, is the primary federal law in the United States governing the disposal of solid waste and hazardous waste.

<span class="mw-page-title-main">Solutia</span> American manufacturer of materials and specialty chemicals

Solutia Inc. was an American manufacturer of materials and specialty chemicals including polyvinyl butyral (PVB), ethylene vinyl acetate (EVA), and thermoplastic polyurethane (TPU) interlayers for laminated glass, aftermarket window films, protective barrier and conductive films, and rubber processing chemicals. The company was formed on September 1, 1997, as a divestiture of the Monsanto Company chemical business. In July 2012, the company was acquired by Eastman Chemical Company.

<span class="mw-page-title-main">Waste collector</span> Person employed by a public or private enterprise to collect and dispose of waste

A waste collector, also known as a garbage man, garbage collector, trashman, binman or dustman, is a person employed by a public or private enterprise to collect and dispose of municipal solid waste (refuse) and recyclables from residential, commercial, industrial or other collection sites for further processing and waste disposal. Specialised waste collection vehicles featuring an array of automated functions are often deployed to assist waste collectors in reducing collection and transport time and for protection from exposure. Waste and recycling pickup work is physically demanding and usually exposes workers to an occupational hazard.

The United States Environmental Protection Agency September 11 attacks pollution controversy was the result of a report released by the Office of the Inspector General of the United States Environmental Protection Agency (EPA) in August 2003 which said the White House pressured the EPA to delete cautionary information about the air quality in New York City around Ground Zero following the September 11 attacks.

<span class="mw-page-title-main">Kohn, Kohn & Colapinto</span> American law firm in Washington, D.C.

Kohn, Kohn & Colapinto is a Washington, D.C.-based international whistleblower rights law firm specializing in anti-corruption and whistleblower law, representing whistleblowers who seek rewards, or who are facing employer retaliation, for reporting violations of the False Claims Act, Foreign Corrupt Practices Act, Dodd-Frank Wall Street Reform, Sarbanes-Oxley Acts, Commodity and Security Exchange Acts and the IRS Whistleblower law.

<span class="mw-page-title-main">Health effects arising from the September 11 attacks</span> Health issues and effects during and after the September 11 attacks

Within seconds of the collapse of the World Trade Center in the September 11 attacks, building materials, electronic equipment, and furniture were pulverized and spread over the area of the Financial District of Lower Manhattan. In the five months following the attacks, dust from the pulverized buildings continued to fill the air of the World Trade Center site. Many New York residents have reported symptoms of Ground Zero respiratory illnesses.

<span class="mw-page-title-main">Hazardous waste in the United States</span>

Under United States environmental policy, hazardous waste is a waste that has the potential to:

The World According to Monsanto is a 2008 film directed by Marie-Monique Robin. Originally released in French as Le monde selon Monsanto, the film is based on Robin's three-year-long investigation into the corporate practices around the world of the United States multinational corporation, Monsanto. The World According to Monsanto is also the title of a book written by Robin.

Solid waste policy in the United States is aimed at developing and implementing proper mechanisms to effectively manage solid waste. For solid waste policy to be effective, inputs should come from stakeholders, including citizens, businesses, community-based organizations, non-governmental organizations, government agencies, universities, and other research organizations. These inputs form the basis of policy frameworks that influence solid waste management decisions. In the United States, the Environmental Protection Agency (EPA) regulates household, industrial, manufacturing, and commercial solid and hazardous wastes under the 1976 Resource Conservation and Recovery Act (RCRA). Effective solid waste management is a cooperative effort involving federal, state, regional, and local entities. Thus, the RCRA's Solid Waste program section D encourages the environmental departments of each state to develop comprehensive plans to manage nonhazardous industrial and municipal solid waste.

Monsanto was involved in several high-profile lawsuits, as both plaintiff and defendant. It had been defendant in a number of lawsuits over health and environmental issues related to its products. Monsanto also made frequent use of the courts to defend its patents, particularly in the area of agricultural biotechnology. Bayer acquired Monsanto in 2018, and the company has since been involved in litigation related to ex-Monsanto products such as glyphosate, PCBs and dicamba. In 2020 it paid over $10 billion to settle lawsuits involving the glyphosate based herbicide Roundup.

<span class="mw-page-title-main">Rubber Chicken Man</span> Washington Nationals baseball fan and EPA whistleblower

Hugh Kaufman, better known as the Rubber Chicken Man, is a Washington Nationals baseball fan who can be seen at most games at Nationals Park waving a rubber chicken over the Nationals dugout to ward off bad "juju" or bad luck. Sports reporters writing for The Washington Post have written about his giving chicken soup to struggling Nats players to improve their play and that his ritual "sacrificing" of chickens often seems to precede turnarounds in the Nationals' performance.

William "Bill" Sanjour worked at the Environmental Protection Agency and was a whistleblower.

References

  1. 1 2 Goldenberg, Suzanne; correspondent, US environment (2012-05-07). "EPA scientist who warned of caustic dust from Ground Zero wins job back". The Guardian. ISSN   0261-3077 . Retrieved 2023-05-23.{{cite news}}: |last2= has generic name (help)
  2. Sargent, Susan (2013-09-26). "EPA Un-Fires 9/11 Whistleblower but Vows to Try Again". PEER.org. Retrieved 2023-08-17.
  3. Sanjour, William (July 20, 1994). "Memorandum: The Monsanto Investigation".
  4. "S/R 7/8: EPA's Phony Investigation of Monsanto (William Sanjour)". www.greens.org. Retrieved 2023-10-02.
  5. 1 2 3 4 5 Goldenberg, Suzanne; correspondent, US environment (2012-05-07). "EPA scientist who warned of caustic dust from Ground Zero wins job back". The Guardian. ISSN   0261-3077 . Retrieved 2023-05-23.{{cite news}}: |last2= has generic name (help)
  6. "Federal Court Reinstates EPA 9/11 Whistleblower". Mesothelioma Center - Vital Services for Cancer Patients & Families. Retrieved 2023-08-17.
  7. 1 2 3 "Terrorism, Fraud, and the RCRA Corrosivity Characteristic". JD Supra. Retrieved 2023-08-17.
  8. 1 2 3 Stieb, Matt (2019-06-12). "A History of the Long Fight to Secure Funding for 9/11 First Responders". Intelligencer. Retrieved 2023-08-17.
  9. "EPA Response to September 11: Whitman Details Ongoing Agency Efforts to Monitor Disaster Sites, Contribute to Cleanup Efforts". EPA. September 18, 2001.
  10. Depalma, Anthony (2006-08-25). "E.P.A. Whistle-Blower Says U.S. Hid 9/11 Dust Danger (Published 2006)". The New York Times. Retrieved 2023-08-17.
  11. Goldenberg, Suzanne (2012-05-07). "EPA scientist who warned of caustic dust from Ground Zero wins job back". The Guardian. ISSN   0261-3077 . Retrieved 2023-08-17.
  12. Sargent, Susan (2013-09-26). "EPA Un-Fires 9/11 Whistleblower but Vows to Try Again". PEER.org. Retrieved 2023-08-17.
  13. 1 2 3 EcoWatch (2013-09-11). "9/11 Whistleblower Who Exposed First Responder Risks Faces Another Blow From EPA". EcoWatch. Retrieved 2023-08-17.
  14. Sargent, Susan (2015-04-21). "Egregious EPA Misconduct Delivers Whistleblower Win". PEER.org. Retrieved 2023-08-17.
  15. "Unregulated Corrosive 9/11 Dust Lands EPA in Court" (Press release). 2022-01-17. Retrieved 2023-08-17.
  16. Corbett, James (2019-08-07), 9/11 Whistleblowers: Cate Jenkins, James Corbett, Cate Jenkins, retrieved 2023-05-23