how government units at the local, county, state and federal level can violate your rights, and have many ways to be protected from legally being held accountable. We focus on the State of Montana.
This letter was sent to the NIH recipients as seen at the bottom of the letter. The dangers to the public were clearly defined, and sent to the NIH chief Engineer. The letter in its entirety, without links, photos or videos is below.
Mr.
Tony CliffordSeptember 20, 2011
Chief
Engineer
NIH
Office of Research Facilities (ORF)
Building
13 Suite 201 MSC 5759
Bethesda,
MD 20892-7172
RE:
Engineering/Safety issues at Rocky Mountain Labs, Montana
SENT BY
CERTIFIED US MAIL, FAX, ELECTRONIC MAIL TO NIH
Dear
Mr. Clifford,
This letter comes to
you from Hamilton, Montana and gives proper respect as chief engineer of the
National Institutes of Health’s (NIH) Office of Research Facilities (ORF).The intention of this letter is to inform you
and those at NIH of the IDLH conditions at NIH’s Rocky Mountain Labs (RML)
Hamilton Montana.
When I say IDLH, that
is a Hazardous Material (Haz-Mat) designation for Immediate Danger to Life and
Health; these issues are being communicated to you and other NIH officials in
this correspondence.
1.0
Sound Emissions from RML
Beginning spring 2011, baseline
empirical data for RML sound emissions were collected with a digital sound
meter.The meter should not register
readings if RML were operating within World Health Organization (WHO) standards
for Low Frequency Noise (LFN).LFN is
generated by industrial process like RML sound emissions in Hamilton,
Montana.The WHO published a document
for the United Kingdom Health Service (known as Defra) that 30dbA was a
suggested range to have LFN fall below. [Leventhall, A Review on Published
Research on Low Frequency Noise and its Effects May 2003 www.defra.gov.uk
]
On February 2, 2011 a NIH
contractor measured sound emissions for RML in Hamilton, Montana.A reading of 43dbA was taken, and observed by
Ken Pekoc, RML public relations, as well as RML Associate Director Kelly Hudson
on my property.The February visit by
the sound contractor was not unknown, or independent of RML.RML purposely reduced sound emissions on the
day of arranged tests with its contractor, commonly known as scientific fraud.
At time of the
contractors visit, I observed RML sound sources in a digital bar graph on the
contractors meter falling below 500 Hz; with several sound sources from 0 Hz to
500 Hz.Multiple sound sources within
LFN range become additive to the problem at RML (see DEFRA publication). This
observation confirms that the spectra of RML sound emissions were:
1) less than 500Hz
2) Low Frequency Noise
(LFN).
The “voluntary
standards” set by Big Sky Acoustics of 50dbA 1900-0700hrs and 55dbA
0700-1900hrs using the A Weighted scale would alter and distort the actual
sound emissions by up to 14 db (an order of magnitude).World Health Organization, within the
referenced Defra (UK) report states that A weighted scale is unreliable for LFN,
and should not be used.For RML, or its
contractors to use the A scale is falsity of data, and scientific fraud.More importantly for an engineer, it is
endangering the public by altering the actual sound emissions from RML in the
form of LFN, which has published negative physiological effects.
LFN has physiological
effects such as systolic heart rate increase, early morning wakefulness (sleep
deprivation), and up to 30% increase in depression.Of note, RML is within Ravalli County Montana:
ranked #171/3200 in the United States for
suicide.Any death within a half mile
radius of the laboratory, or any staff of RML could result in a significant
wrongful death claim against RML and NIH.
An empirical data set measured
on February 2, 2011 [day of NIH contractor “tests”] indicated that RML reduced
its sound signature by 10-14 db; an order of magnitude for sound
emissions.The measurement technique, using
A weighted data, the NIH contractor misrepresented sound data by up to 2 orders
of magnitude on February 2, 2011 in Hamilton, Montana.Several readings around the RML campus
confirmed that RML purposely reduced its sound emissions the day of the tests
Feb. 2, 2011.NIH actions on Feb. 2,
2011 do not include scientific integrity, integral to the NIH mission, as is
accountability to the public.
As RML allows 55dbA
during work hours, the “permissible” sound, using WHO recommended C weighted
scale for LFN is 69dbC.At 69-70db that
is approximately 3-4 times the magnitude of safe sound emissions that are
0-500Hz as are found at RML in Hamilton, Montana.NIH cannot allow dangerous levels of LFN due
to its mission statement of scientific integrity, public accountability, and
engineering best practices.This letter
serves as notice of fraudulent sound measurement, its danger to employees,
residents near RML in Hamilton, Montana.
2.0
Material Safety/ Strategic Stores of Emergency Equipment.
On or about 12September
2011 a construction crew severed a telecommunications optic cable and
completely compromised the Ravalli County 911 system; recently upgraded.No telephone calls could reach the emergency
operations center, and were routed through an adjoining county.
All land lines,
internet services, and most cell phones were inoperable.As NIH relies upon Hamilton Volunteer Fire
Department for emergency response; how would emergency services know of a
problem at Rocky Mountain Labs, Hamilton, Montana?Does NIH honestly expect 29 volunteers to
cover the RML campus, in addition to any emergency in Ravalli County in such a
situation?
Material safety teams
currently come from Missoula Montana, a 90 minute trip in clear, non-emergent conditions.A small manned station at RML with strategic
storage of equipment and supplies would serve NIH well in an emergent
situation.Allowing NIH employees to
work in an environment without material safety or biological safety
professionals onsite is negligent in comparison to the on-site emergent capabilities
of NIH Bethesda Campus.
This topic has been
ongoing since 2007.
3.0
Conclusion
Sound measurements at
RML, Hamilton Montana was not consistent with NIH mission utilizing fraudulent
measurement techniques.The Rocky
Mountain Lab has enjoyed 100 years with the City of Hamilton making great
strides towards microbiology advances, including discovery of cures of diseases,
advances in once incurable diseases such as HIV.To use improper sound measurement is to
jeopardize public trust, and working relationship developed over the years.
The modification to
sustain the current RML emission level is not prohibitive, caps over the noise
sources, and other engineering design can be placed.An Acoustics Engineer in Denver described the
professional insight that the NIH contactor knowingly used an improper
measuring method in his practice Feb. 2, 2011.
The NIH cannot continue
with its distortion or actual sound emissions from RML.NIH must provide safety protections from
dangerous levels of sound coming from RML in the form of LFN. The remote
setting of RML infectious agents requires material safety onsite, federal personnel
at a fire station on the RML campus.
Thank you for your
attention, NIH must improve RML conditions immediately.
Sincerely,
Michael
Spreadbury
Hamilton,
MT 59840
CC:Daniel Wheeland, Director Office of Research
Facilities NIH
Alfred Johnson, Director of Office of
Research Services NIH
NIH does not care for the public they are sworn to serve, or their mission:
Sound ISSUE:
NEPA VIOLATION
The Rocky Mountain Labs in Hamilton, MT did not own the property at 801 S. 4th St. in 2009 when the Final EIS or FEIS was published.
To destruct a property is considered a major project, and without an FEIS or EIS or EA of any kind that is current is a violation of Federal NEPA law 42 USCA 4332 et. seq.; 40 CFR 1502-1508 et. seq.
When the US Government violates federal law, who stops them?
Below is the solicitation from the Indian Health Service Seattle for the unlawful work:
:
12-102-SOL-00003
:
Presolicitation
:
Added: Apr 06, 2012 5:52 pm
PURSUANT TO FAR 19.804-2 ELIGIBILITY FOR THIS SOLICITATION IS LIMITED TO
8(a) FIRMS IN THE SMALL BUSINESS ADMINISTRATION's REGION VIII (8-Denver -
Montana, North & South Dakota, Wyoming, Colorado and Utah) FOR CONSTRUCTION
FIRMS WITH A BONA FIDE PLACE OF BUSINESS WITHIN THE GEOGRAPHICAL COMPETITIVE
AREA AND THE ASSIGNED NAICS.
The Indian Health Service, Division of Engineering Services, Seattle is the
administrator of this solicitation for the National Institute of Health's Rocky
Mountain Lab.
This site improvement project for the National Institutes of Health's (NIH)
Rocky Mountain Laboratories (RML) campus is located in Hamilton, MT. The RML
campus has undergone extensive construction projects over the past several years
and this project represents the main completion of the overall work. It includes
the construction of roads, parking, landscaping, site lighting, security
measures, and associated systems. RML is a research campus consisting of
approximately 35 acres and 30 buildings. The improvement features in this
project will be completed on an occupied, operating campus that will require
significant coordination and work sequencing to keep existing functions active
with minimal disturbance while completing the work. The Government will
prescribe a work sequencing schedule for designated areas and sub-areas
encompassing the project as a whole in the solicitation.
The project includes demolition of existing features including a building
with asbestos containing material and lead based paint, asphalt, concrete, chain
link fence, trees and shrubs. This project will involve extensive grading and
dirt work, including stripping and grubbing, placing, compacting, and grading of
base materials and final surfaces. There will be approximately 2.75 acres of
asphalt paving in roads and parking areas, approximately 80,000 square feet (sf)
of concrete sidewalks of various thicknesses and widths, and approximately
14,000 linear feet (lf) of curb and gutter. There will be extensive storm water
management features including swales and approximately 40 drywells. The project
involves drilling a new well or wells and abandonment of several existing wells.
There will be abandonment, repair, and installation of utilities including steam
and condensate lines, other piping and water and sewer mains and appurtenances.
New site lighting with associated underground power and control systems will be
installed as well as other conduit, power and control systems. Security features
will be installed such as approximately 1,320 lf of nine-foot tall steel
perimeter fence, power gates, hydraulic pop-up ram barriers, large boulders,
barriers, etc.
The project also includes approximately 15 acres of
landscaping including imported soil, sod grass, dry land native grass, bedded
areas, trees, shrubs, and mulching. A new comprehensive, centrally controlled
irrigation system will be installed as part of this project. Site amenities
included in this project include cover bike racks, motorcycle shelters, picnic
tables, benches and trash cans.
The estimated construction price range is $5,000,000 to $10,000,000.
The contract completion date, with an estimated start work date of on or
about August 31, 2012 is October 31, 2014.
This is a Best Value procurement process and the basis for award is the
tradeoff process.
The estimated issue date of the solicitation on FBO is on or about April 25,
2012 with an approximate proposal due date of June 11, 2012. Exact due date
regardless will be in the solicitation and may be subject to change only through
amendments.
An organized site visit and pre-proposal meeting is planned for May 16, 2012
- 1:00pm local time - at the Rocky Mountain Lab Campus in Hamilton, MT. Further
specifics for attending this meeting will be posted on this site and in Section
L of the Solicitation.
This solicitation will be available by download from the Internet only. The
project specification-plans files are Portable Document Format (PDF) files and
can be viewed, navigated, or printed using Adobe Acrobat Reader. In order to
download the files for this project, registration at the Federal Business
Opportunities (FedBizOpps) website http://www.fbo.gov is required. Downloads are
available only through the FedBizOpps website. This announcement serves as the
advance notice for this project. AMENDMENTS WILL BE AVAILABLE FROM THE ABOVE
WEBSITE BY DOWNLOAD ONLY. Further details will be issued with the
solicitation.
:
2201 6th Avenue
Mail Stop RX-24,
Seattle, Washington 98121
:
904 South 4th Street
Hamilton, Montana 59840
United States
"Initially, NIH determined that
it would not be possible to attempt a quantitative assessment of risk resulting
from an accident involving an infectious disease agent
..."
Dangerous Accident at Rocky Mountain Labs (RML) Hamilton, MT
...a NIAID facility.
On May 7, 2012 the Rocky
Mountain Labs held a community meeting. During the presentation the Biosafety
manager Dr. Nancy Ho described an accident that the NIH facility was required to
report to the US Center for Disease Control in Atlanta.
The accident was
more than preventable, it should have never happened.
Dr. Nancy Ho, Biosafety manager at NIH Rocky Mountain
Labs.
In fact, the Biosafety manager must be removed from her
position. As this "professional" and others on her team did not catch the
mistake of improper use of lab equipment--it is a BIG embarrassment to the
National Institutes of Health (NIH) at Rocky Mountain Labs.
If you look closely
the blue and white box contain test tubes, and the item on the top, a PIPETTE
was the culprit of the infectious agent breakage at a level 3 biosafety lab at
RML Hamilton MT. The facility is a NIAID facility from the National Institutes
of Health.
Proper use of a Pipette at a
NIH facility
This photo NOT taken at RML
Hamilton, MT
bionique.com
picture/schematic
of a typical laboratory "transfer pipette"
meaning transfer of
liquids--not stabbing any frozen material.
chescientific.com
A glass
pipette broke off as a researcher was attempting to stab, scrape or otherwise
puncture a frozen layer covering the infectious agent for storage. Dr. Nancy Ho
and her biosafety team felt stabbing infectious agents with 60% mortality rates
was fine to continue, AFTER an accident happened. It should be noted that
pipettes are used to transfer liquids, and have a tapered end like a
eye-dropper, and would be a weak point on the device. As most High School
students would understand using a pipette on non-liquids would be a problem, the
top US researchers (with Ph'D degrees), and the top NIH biosafety people at NIH,
CDC did not.
Researcher at Rocky Mountain Labs
RML Photo
Here is a video I shot on the sound problem, which
Marshall Bloom and PHS officer Kelly Hudson committed scientific fraud to
endanger, annoy US citizens who reside close to the NIH NIAID biosafety level 4
lab. It is only a matter of time when the directors of the facility disregard
health and safety, and allow a dangerous, and potentially lethal procedure to
continue at RML.
Rocky Mountain Labs, Hamilton Montana
a NIH NIAID facility
Knowingly and un-knowingly endangering Americans
As scientific
procedures are conducted at the Rocky Mountain Labs that are so dangerous and so
obvious, there is little to do but evacuate the area, and wonder when the
accident that will kill federal employees will happen. As RML has the world
expert on Ebola, and no federal protection via fire safety and hazardous
material safety, the NIH has decided to be grossly negligent with respect to
protection of Americans and federal employees.
A red-tag for the NIH facility in Hamilton, MT
60646blog.com
The Rocky Mountain
lab gets a stop work order--for allowing a practice so unsafe, so seemingly
obvious: using a tapered glass pipette as a stabbing device with infectious
agents is beyond insane. The decision by biosafety "experts" to continue this
practice is criminal negligence.
There is no hope for
NIH, and the Rocky Mountain Labs. As low frequency noise is thrust onto area
residents, and incompetent safety managers ok the continuance of potentially
fatal accidents, and work on materials without a cure (infectious agents) there
is an expectation that a Fukashima type accident will occur in Hamilton,
MT. IT SHOULD BE NOTED THAT THIS LAB HAS A HISTORY OF SCIENTISTS BREAKING SAFETY PROTOCOL, EVEN EXPERIMENTING ON THEMSELVES WHICH RESULTED IN FIVE (5) OR MORE DEATHS AT THE FACILITY. This cowboy attitude towards science is reckless, and should not be federally funded, period.
Marshall
Bloom at the May 7, 2012 meeting
Resignation request of NIH NIAID RML Marshall
Bloom
Dear Marshall Bloom: you have harmed; time to resign from RML.
RML and Marshall Bloom ignored six (6) sets of emperical data, but paid a contractor to knowingly commit fraud, and the NIH/NIAID RML facility acted with the contractor to defraud the public on health issues Feb. 2, 2011 This picture below documents the retaliation by NIH in Nov. 2011 as 71 dbC is 2 orders of magnitude louder than World Health standards of 30 dbA. Rocky Mountain Labs decided they could have this contractor without license in Montana to set a standard of 50 dbA.
SCIENTIFIC FRAUD & RETALIATION @ RML FACILITY
Photo taken Nov. 2, 2011 at RML gate Hamilton, MT
this noise level of Low Frequency Noise caused migrane headaches in neighbors.
With biosafety
"professionals" like Dr. Nancy Ho and Marshall Bloom overseeing the facility
there is NO assurance that a significant accident with death will not occur in
Hamilton MT.
Video covering accident described above, and sound problem proof:
As our letter to US President Obama stated: the NIH has put "science" over safety as 29 volunteer firemen are the responders to the NIH Rocky Mountain Lab in Hamilton MT.
2013 UPDATE: NIH Bethesda had an outbreak in 2011 as portrayed on PBS "Superbugs" documentary. Perhaps scientific fraud is now a norm in this health agency, or RML was too much of a small problem to worry about.
The SCIENTIFIC FRAUD by NIH officials in Hamilton, Montana:
UPDATE: Rocky Mountain Labs violates Federal law documented in Video.
We're going to miss PHS Commissioned Officer Kelly Hudson who destroyed his own career along with this residential property. UPDATE: NIH retains PHS officers who knowingly endanger the public. When an agency polices themselves, even the mission statement has no place to hide.
Rocky Mountain Labs in Hamilton Montana was allowed to act above the law. It is due to a war time president; is RML engaging in activities that are barred by court order? Top secret clearances, no adherence to law, NEPA law (environmental) and a White House liaison in Dr. Marshall Bloom. Of note arrogant, and fraudulent Public Health Service Officer who engaged in damaging the public's health, knowingly.
The World Expert for Ebola works at the NIH NIAID Lab in Hamilton MT known as Rocky Mountain Laboratories detailed in this health & safety complaint. There is one containment room at the local ER, a few in the basement of the level 4 lab, and volunteer firemen without haz-mat training. See our letter to Obama in 2009 that also asked for civil rights: http://wethepeoplemt.blogspot.com/2013/01/montana-us-president-letter-2009.html
Welcome to the United States, where crime, abuse of law, rights all happen with Presidential approval. It happens in Hamilton Montana at Rocky Mountain Labs.
-------------------------------------------------------------------------------------------------------------
NEPA complaint follows. An affidavit for conduct unbecoming a PHS officer is inserted after the video showing the endangerment of American's health in the unincorporated City of Hamilton MT.
THE SOUND OF SILENCE @ ROCKY MOUNTAIN LABS (not)
39 seconds of Silence....reading bottomed at 62db C
which penetrates houses, homes, lives
gives headaches.
Affidavit of PHS Officer Kelly Hudson MISCONDUCT at NIH NIAID Rocky Mountain Labs Hamilton
Kelly Hudson's career should be over, smiles to that.
"we'll leave it up to the experts now"
Note: For NIH World Embarrassment (photos, video, description of violation of NIH Mission) see:
This cause of action is for violation of the National Environmental Policy Act (NEPA) as described in 42 USCA §4332 et. seq.; 40 CFR §1502 and §1503 et. seq. Defendants failed to follow well established guidelines for NEPA, and assess health and safety risks at National Institute of Health facility in Hamilton, Montana known as Rocky Mountain Labs (RML).
Plaintiff Michael Spreadbury (hereafter “Plaintiff”) in his complaint against US Department of Health and Human Services et. al. Defendants allege as follows:
Parties:
1.Michael Spreadbury, a resident and natural person of the State of Montana.
2.The US Department of Health and Human Services, an executive branch department of the United States which must abide by all applicable laws.
3.National Institutes of Health (NIH), a branch of the US Department of Health and Human Services must act in compliance with all applicable laws, based in Bethesda, Maryland.
4.Francis Collins, Director of the National Institutes of Health, the responsible official who must act in compliance with all applicable laws, based in Bethesda, Maryland.
5.Marshall Bloom, Director of Rocky Mountain Labs (RML) affiliated with NIH, is the local responsible official for who must abide by all applicable laws, located in Hamilton, Montana.
Jurisdiction and Venue:
The Montana US District Court has jurisdiction via 5 USC s. 701 et. seq., 28 USCA 1331 Federal Question, 28 USCA 1336, 28 USCA 2201 et. seq. Declaratory Judgment Act.NEPA 42 USCA § 4332 et. seq., 40 CFR §1502, §1503 et. seq.Plaintiff entitled to relief.
Venue is proper due to Defendant property and activities in Ravalli County Montana which is within the Missoula Division of the US District Court for Montana.
Factual Background
The Bitterroot Valley, where the Rocky Mountain Laboratory is located contains blue ribbon trout rivercourse Bitterroot River containing protected Species Bull Trout.
Lewis & Clark traversed valley upon direction of US President to find a land route to the Pacific Ocean.
Soils in the Bitterroot Valley are some of the richest in the state; water, timber resources abound surrounding the NIH facility in Hamilton, MT.
The Selway-Bitterroot Wilderness is the second largest in the US at 1.6M acres, which sits at the western boundary of the RML site in Hamilton, MT.
Wildlife crossings in ,Bitterroot are essential to habitat such as Bear, Moose, Elk, Deer, bird habitat of waterfowl, migrating birds, owls, hawks, bald eagles.
RML site in floodplain for flood insurance: any part of property below the 100 year floodplain makes entire property floodplain, 1968 National Floodplain Insurance Act.
Neighborhood surrounding RML south of Hamilton, MT contains historic homes over 40 years which require historical review for any federal project by NIH.
NIH-RML drafted an Environmental Impact Statement (EIS) and Final EIS (FEIS) with appropriate comment period.
NIH-RML drafted a 20 year master plan with appropriate comment period.
Specific details for Interpretive Center and North Parking Lot projects in FEIS did not include required items as per the National Environmental Policy Act (NEPA).
NIH-RML FEIS did not include alternatives to interpretive center project.
FEIS did not include a historical review in report specific to the interpretive center, proposed parking lot project, purchasing residential property for NIH industrial use.
FEIS did not allow public comment addressing the interpretive center, or the parking lot project specifically as proposed.
Proposed Parking Lot project is near floodplain and drainage to Bitterroot River, and would require use of residential property purchased for a federal industrial purpose.
Interpretive Center proposed demolition is within a historic residential area did not include alternatives to the proposed demolition of the existing structure 801, 803 S. 4th.
In planning the new BSL-4 facility, NIH did not include professional fire, material safety personnel or fire structure assets at RML for safety, health of residents, employees.
The 20 year plan and FEIS does not include an emergency response structure at RML.
RML agreed to respect NEPA process, and uphold health and safety of community and RML employees in 2004 to resolve CV-04-154-M-DWM out of court.
NIH BSL-4 facilities in Frederick, MD; Bethesda, MD; and Raleigh-Durham, NC have sufficient fire assets due to being in larger communities which have training and equipment necessary to provide emergency assistance to comparable facilities to RML.
RML is located in an isolated valley with no professional fire departments, and no material safety teams within 45 miles, and 29 volunteer firemen in Hamilton, MT.
NIH headquarters house 30 federal firefighters, and can get assistance from the well equipped Bethesda (MD) Fire Department, located within 15 minutes from D.C. metro.
RML has no federal or professional fire personnel in any proximity to facility.
RML 20 year plan had no onsite emergency response facility although no adequate biological, materials, or radiological safety team is within 45 miles.
First Presidentially declared fire emergency was in proximity to RML, Ravalli County, and Montana in year 2000.Fire hazard is extremely high near RML.
RML is 45 miles from Missoula, MT with 60,000 residents and five firehouses.Materials safety team is currently dispatched from Missoula Fire Department.
Fallen timber block fire corridor route, accidents, and in-climate weather 3000 ft. AMSL, 47°Latitude; fire/materials response from Missoula not assured within 1 hour of dispatch.
RML without professional material safety, biological, or radiological staging area available on site, or within 45 miles of the Hamilton, MT facility.
NIH Office Research Safety issued Plaintiff false assurances of safety since 2007.
Plaintiff has adequately participated in administrative process by expressing concerns to RML, NIH in fire safety, environmental quality, NEPA director, Director of Research Safety, NIH legal counsel, and NIH Directors office.
Plaintiff has offered mediation to resolve this dispute to NIH.
No further remedy is available to Plaintiff to resolve NEPA and related safety issues.
FEIS and published NIH documents failed to adequately disclose, analyze, and assess environmental risk from proposed interpretive center demolition, parking project proposed by RML.
Risks from RML proposed interpretive center, parking lot projects have impacts to the environment, human health, and impacts to local governments.
Defendants did not comply with the NEPA act at RML.
Defendants have duty protect safety and health of employees, public around RML.
Defendants failed to answer electronic correspondence from Plaintiff addressed to askrml@niaid.nih.gov relating to fire safety.
Defendants do not pay taxes to local governments, nor payment in lieu of taxes (PILT) to defray wear on roads, fire response, and other costs.
Defendants are adding lab space at RML requiring more water resources, and have not addressed resource issue in the master plan, FEIS, or other published NIH documents.
Water discharge from RML facility, or monitoring is not published or public information.
Security of RML north boundary is substandard as non-fortified chain-link fencing.
Purchase of residential property for RML is not proper for federal industrial projects.
Industrial process as RML requires roof cooling fans, which impact bird habitat, and riparian, river area to west and surrounding RML and was not addressed in FEIS.
Use of NIH police vehicles except official use, outside RML property, improper.
Charges:
Failure to consider a reasonable range of alternatives—Count 1
Plaintiff repeats and realleges paragraphs 1-48 of this complaint as fully set herein.
50.NEPA requires NIH to consider alternatives to recommended courses of action in any proposal 42 USCA §4332(2)(E).
NEPA requires NIH to prepare a detailed evaluation of all reasonable alternatives to the proposed action in every EIS. 42 USCA §4332(C)(iii); 40 CFR §1502.14(a)
Defendants consideration of a single action alternative does not satisfy the requirement that an agency prepare a detailed evaluation of all reasonable alternatives.
Failure to develop and consider reasonable alternatives by NIH with respect to the demolition of a dwelling, and a parking lot project is a violation of the NEPA Act.
Failure to Disclose Substantive Information Regarding the Proposed Action—Count 2
54.Plaintiff repeats and realleges paragraphs 1-53 of this complaint as if fully set herein.
55.Defendants did not disclose impacts to the public about proposed parking lot project, interpretive center project, within EIS for public comment.
56.No alternative was presented to local fire services in 20 year plan, or current expansion.
57.Impacts to demolishing duplex residential dwelling at 801 and 803 So. Fourth St Hamilton, MT for RML interpretive center was not published in FEIS.
58.No alternative was presented for interpretive center or parking lot proposed projects.
59.Water use in further expansion of RML post BSL-4 has not been disclosed.
60.As a result of Defendants not disclosing substantive information, NEPA violation exists.
Failure to respond to comments-- Count 3
61.Plaintiff repeats and realleges paragraphs 1-60 of this complaint as if fully set herein.
62.Defendants have a responsibility within NEPA to adequately respond, and take into account correspondence from the public from EIS comments as in 40 CFR §1503.4
63.Plaintiff comment and Public comments as to material, biological, and fire safety at RML were not adequately and meaningfully responded to in NEPA process by Defendants.
64.False assurances to safety by NIH did not adequately address public concerns.
65.RML did not respond to questions from Plaintiff and public regarding fire safety at RML.
66.Defendant’s failure to adequately respond to, or incorporate public comments into a FEIS process is a violation of NEPA.
Failure to protect federal employees and general public—Count 4
67.Plaintiff repeats and realleges paragraphs 1-66 of this complaint as if fully set herein.
68.Defendants planned, and built level 4 BSL in Hamilton, MT at RML.
69.Increased dangers to employees and public were not met with sufficient resources to protect federal employees, federal property, and US Citizens residing near RML.
70.NIH did not treat RML equally in respect to health and safety as compared to other BSL-4 labs in other locations of the United States with respect to fire and materials safety.
71.Due to a failure of NIH to protect employees and the general public at RML, no fire assets or structures were built or planned as published in 20 year master plan and FEIS.
Lack of Disclosure in EIS and Mater Plan Documents—Count 5
72.Plaintiff repeats and realleges paragraphs 1-71 of this complaint as if fully set herein.
73.Fire capabilities for local volunteer departments are not published in RML documents.
74.Volunteer fire departments do not protect other NIH facilities with BSL-4 labs.
75.The lack of disclosure by NIH of fire capabilities for RML does not meet duty to assess health and safety risks to the public, as found in NEPA laws.
76.Due the lack of disclosure by NIH, RML is not sufficiently protected as well as other BSL-4 laboratories in the United States.
Negligence—Count 6
77.Plaintiff repeats, realleges paragraphs 1-76 of this complaint as if fully set herein.
78.Defendants planned BSL-4 structure five years prior to construction at RML.
79.No fire facility was planned within the campus at RML although no professional fire or fully equipped hazardous materials safety team is available within 45 miles of RML.
80.By working with high level pathogens with no known cure or vaccine, without fire and materials safety infrastructure on, or near RML campus, Defendants were negligent in their duty to protect the public and RML employees.
81.Defendants knew or should have known that RML had less fire safety available to it than other NIH facilities with BSL-4 labs on their campuses.
82.Defendants are negligent in not planning or building sufficient fire assets at RML.
Failure in Scientific Integrity—Count 7
83.Plaintiff repeats, realleges allegations in paragraphs 1-82 as if fully set herein.
84.The failure to disclose and assess health risks constitutes a failure to satisfy the standard of scientific integrity, a violation of NEPA 42 USCA §4332 et seq, 40 CFR §1502 §1503.
85.Defendants did not disclose specific facts about fire capability, specifics about Hamilton Volunteer Fire, type of engines, type and frequency of calls, required training, average age & physical condition, requirements for volunteers, capacities and age of equipment.
86.NIH did not publish alternative to use of volunteer fire departments to protect RML.
87.Vagueness of FEIS, Master Plan, Defendants gave arbitrary and non-specific information on biological, fire, material, and radiological safety at RML.
88.NIH failed to give specific information for scientific integrity with respect to NEPA required documents such as FEIS, projects, and fire operations for RML.
Disregard for Process—Count 8
89.Plaintiff repeats, realleges paragraphs 1-88 of this complaint as if fully set herein.
90.Defendants did not use EIS process to evaluate alternatives, gain comment from process, limit impact to environment on federally funded projects, but a means to gain the desired outcome of publicly owned resources.
91.Federal regulations state EIS “shall serve the means of assessing the environmental impact of proposed agency actions rather that justifying decisions already made. 40 CFR §1502.2 (g).”
92.Federal agencies “shall not commit resources prejudicing selection of alternatives before making a final decision. CFR 40 §1502(f).”
93.Defendant NIH did have a disregard to EIS process with respect to Interpretive Center, Fire resources, and proposed parking lot at RML.
Non-disclosure of Natural Resource use—Count 9
94.Plaintiff repeats, realleges paragraphs 1-93 in this complaint as if fully set herein.
95.RML uses resources from the public like water without delineating use.
96.The proposed expansion of RML will demand more water resources.
97.By not tracking, and publishing these figures, NIH is not upholding its duty to the public to wisely use local resources, or explain its use to public.
98.RML does not publish water quality figures after treatment, and release into the Bitterroot River in Hamilton, Montana.
99.RML has a duty to assure the public that the post-process water quality is below allowable levels, and is within tolerable limits of environmental protection.
100.Resource use is an impact to a community, and NIH has an obligation to the public via Federal Regulations and NEPA laws to disclose specifics on use, and protect resources from over-extraction, and assurances of best use practices.
Negligent disclosure of Environmental Impacts—Count 10
101. Plaintiff repeats, realleges paragraphs 1-100 in this complaint as if fully set herein.
102.NIH, in FEIS did not disclose impacts all impacts to wildlife at RML.
103.FEIS stated 100 species of birds surrounding lab, yet published no impact to Riparian area due to no building in those zones on NIH property at RML.
104.NIH knew or should have known that impacts to wildlife would occur due to expansion and further expansion of the RML campus to add laboratory buildings.
105.NIH knew or should have known that an industrial campus near a wilderness river area and natural sanctuary for wildfowl on RML property would cause impacts.
106.NIH was negligent in disclosing environmental sensitive areas on the RML campus.
Misrepresentation of safety facts, environmental impacts at RML—Count 11
107.Plaintiff repeats, realleges paragraphs 1-106 in this complaint as if fully set herein.
108.NIH did not disclose fire safety statistics, fact that no comparable NIH BSL-4 facility is protected by volunteer fireman in the United States.
109.NIH did not disclose impacts, alternatives to certain projects planned at RML.
110.NIH did not mention water use other than it was sufficient for fire flow.
111.NIH did not mention impacts for wildlife, or impacts to proposed projects.
112.NIH did not reveal land purchase expansion is zoned residential for planned federal industrial use for RML.
113.Due to misrepresentation, or omission, NIH did not disclose facts as required in EIS.
Relief Sought from Court
Plaintiff respectfully requests that Court will find declarative ruling that the Defendants have violated the National Environmental Policy Act (NEPA), or other violations in all or part of this complaint herein.
Additionally Plaintiff requests US Magistrate to:
I.Issue temporary injunctive relief to enjoin Defendants to immediately raise fire assets of RML to the standard of other BSL-4 laboratories in the United States.
II.Enjoin Defendants with cease order to stop building, on other projects at RML so fire protection can be brought to a suitable level consistent with relief sought in I.
III.Make declarative judgment whether Defendant federal agency can purchase private zoned residential property for use as federal industrial property at RML.
IV.If affirmative in III, enjoin Defendants to re-issue EIS process to include alternatives, public comment, and other NEPA requirements on proposed parking project at north central portion of RML site, and interpretive center project.
V.If negative in III, enjoin the Defendants to maintain the integrity of the historical neighborhood at RML main entrance and refrain from the proposed interpretive center project, and parking lot project at north central RML property.
VI.Enjoin Defendants to secure flood insurance for all structures on RML required by National Flood Insurance Act of 1968 per US Congress Legislation.
VII.Enjoin Defendants to regularly disclose to the public water use, expected water use, treatment standards, and contaminant levels of effluent discharged into the Bitterroot River at Hamilton, MT.
VIII.Issue permanent injunction to enjoin Defendants to prepare an EIS which follows the NEPA law to the benefit of the public with respect to the Interpretive Center, impacts to wildfowl, and all future and current federal projects at RML.
IX.Plaintiff asks court to grant any costs that arise from this action.
X.Plaintiff yields to court any further relief court deems proper in this action.
If you are a prospective employee, do you want to work where Ebola and other infectious agents are analyzed, without proper emergency protection, which might kill tens of thousands of innocent Americans all to further your CAREER?
Rocky Mountain Labs, where corruption, environmental crime, and abuse of neighbors is their mission statement:
