Rocky Flats

Rocky Flats Siting FATEFUL INITIAL CHOICES IN DECIDING THE LOCATION AND IN CHOOSING THE PHYSICAL INFRASTRUCTURE OF THE ROCKY FLATS SITE 1. If there had been different guidelines for choosing the location of Rocky Flats and its functional design, and greater attention to potential public health risks and to the potential threat of off-site contamination of infrastructure decisions, could the environmental and health risks which developed ultimately at Rocky Flats have been substantially mitigated?

Nuclear Production Risk DANGEROUS NATURE OF NUCLEAR WEAPONS PRODUCTION 2. Does the very nature of nuclear weapons production create dangerous conditions for operations under conditions of extreme secrecy, unproven production processes, and a technology which is inherently risky, especially when located near a metropolitan area?

Culture of Secrecy CLASHES BETWEEN THE DEPARTMENT OF ENERGY NUCLEAR WEAPONS PRODUCTION “CULTURE OF SECRECY” WITH THE INSTITUTIONS AND LEGAL FRAMEWORK OF AMERICAN DEMOCRACY 3. Is a democracy engaged in a Cold War struggle to protect its way of life vulnerable to the establishment of a “culture of secrecy” which prioritizes goals of weapons production and denies accountability under the nation’s laws to protect environment and public health?

Runaway Grand Jury OBSTRUCTION OF A SPECIAL GRAND JURY 4. Did the Justice Department and the Department of Energy obstruct the 1989-1992 Special Grand Jury investigation of the Rocky Flats Nuclear Weapons Plant?  

Individual Criminal Behavior DETERMINATION NOT TO CHARGE INDIVIDUAL CRIMINAL BEHAVIOR Was the determination by the Department of Justice not to charge with environmental crimes responsible individuals in the Rockwell Corporation and in the Department of Energy based on sound application of the legal standards for environmental crime in the Resource Conservation and Recovery Act, in the Clean Water Act, and in the permits issued under the National Pollutant Discharge Elimination System for discharging nuclear contaminated waste into the Rocky Flats sewage treatment plant? Was then U.S. Attorney Michael Norton accurate when he testified under oath before the U.S. Congress that, “…we charged all of the significant criminal conduct that was found” (Volume I, pg. 317), and in his statements of March 26, 1992 and September 23, 1992? Was the presentation in 1994 by the Department of Justice that they charged all the significant environmental crime that they could prove in court a weakening of the standard or a proper exercise of prosecutorial discretion since they had to prove their criminal charges “beyond a reasonable doubt?”

Criminal Charges Should employees of a corporation be held criminally liable for committing environmental crimes if they do so at the direction of their employer? Yes No Depends on the situation

Criminal behavior in the national security interest Should employees of a corporation be held criminally liable for committing environmental crimes if they do so in what they believe to be in the national security interests of their company? Yes No Depends on the situation

Deception CONSEQUENCES OF DECEPTION WITHIN THE U.S. GOVERNMENT FOR A SAFE CLEANUP 6. Was there deception of the public, the Congress, and the Federal Courts by the Department of Justice and the Department of Energy? If so, did this deception interfere with the development of a more safe and a more thorough clean up for Rocky Flats?

Deception by the government If the reasons are national security, is this permissible? Yes No Depends on the situation

Deception by the government If the reasons are to hide environmental crime, is this acceptable? Yes No Depends on the situation

Deception by the government If the reasons are to shield a corporation from civil liability, is this acceptable? Yes No Depends on the situation

Deception by the government If the reasons are to settle a criminal lawsuit and accept a guilty plea by a corporation which will pay a fine of $18.5 million, is this acceptable? Yes No Depends on the situation

Burden of Proof CHOICE TO ESTABLISH A NATIONAL WILDLIFE REFUGE COVERING PARTS OF ROCKY FLATS Was the choice to establish of the Rocky Flats National Wildlife Refuge in 2006 a misguided action and a needless risk to public health? Has the extent of dangerous contamination at Rocky Flats been made available to Congress, to the Federal Courts, to the public and to the Department of Energy consultants developing the clean up plans for Rocky Flats?

Burden of proof Where is the burden of proof for assuring public health and ecosystem sustainability? With the government With citizens in a democracy With the courts in response to lawsuits With the legislative branch

What is responsibility for a “speedy trial” LEARNINGS ABOUT THE FUNCTIONING OF THE AMERICAN SYSTEM OF DEMOCRACY FROM THE ON-GOING (SINCE 1990) CIVIL LITIGATION ARISING FROM ROCKY FLATS RELEVANT TO ITS FUTURE? What are the main lessons for the future of Rocky Flats from the transformation by the legal system of the civil case arising from Rocky Flats that it is still in the Federal Court system 22 years after it was first filed and still unresolved relevant to its future? Why after 22 years did the U.S. Supreme Court remand (send back) the civil lawsuit with its $900 million jury verdict back to the Federal District Court? What arguments were used to the Supreme Court on behalf of the U.S. government by the Solicitor General (chief lawyer) of the United States?

What is responsibility for a “speedy trial” A “speedy trial” should only apply to criminal cases? Yes No I do not know

What is responsibility for a “speedy trial” In the civil system, which institutions should guarantee a timely as possible resolution? The courts themselves The Legislative Branch The Executive Branch All of the above

Civil Society Significance THE ROLE AND INITIATIVES OF AN EMPOWERED CIVIL SOCIETY AT ROCKY FLATS 9. What has been the role, and what have been the accomplishments, of an empowered civil society at Rocky Flats? Have the initiatives of an empowered civil society been influential in determining the future of Rocky Flats? What contributions has an empowered civil society made so far to answering the question, “Is the truth known about Rocky Flats and the threats it had created to public and ecosystem health?

Civil Society Significance Governments actually listen The real power is mobilizing citizens at the ballot box

Significance of Independent Evidence THE INSIGHTS FROM INDEPENDENT SCIENTIFIC STUDIES AND GOVERNMENT INVESTIGATIVE REPORTS 10. What have been the insights from independent scientific and government investigative reports concerning Rocky Flats? Have these studies and reports been influential in determining the future of Rocky Flats?

Significance of Independent Evidence Is this influential in a democracy? Yes, the people in power want to do the right thing No, it is only useful for mobilizing citizens at election time Other

The “Truth” THE TRUTH ABOUT ROCKY FLATS AND THE THREATS IT HAS CREATED TO PUBLIC AND ECOSYSTEM HEALTH? 11 Is the truth known about the evidence collected by the FBI raid? Is the truth known about the conclusions reached by the Special Federal Grand Jury from its over 2-year investigation? Did the truth emerge from the submissions under oath as part of completing the disposition (plea agreement) of the environmental crimes case against Rockwell International?