ATI files suit to stop illegal EPA human medical experimentation

Posted on September 24, 2012 by Donald Ferguson

WASHINGTON — American Tradition Institute’s Environmental Law Center filed a federal lawsuit Friday seeking to stop illegal human medical experiments conducted by the Environmental Protection Agency.

The suit, filed in United States District Court in Alexandria, Virginia, describes in detail how six EPA employees at the University of North Carolina at Chapel Hill Medical School intentionally pumped what they termed “lethal” amounts of diesel exhaust, specifically small particulate matter termed “PM2.5,” directly into the lungs of human volunteers who were not properly advised of the risks.

“It is difficult to overstate the atrocity of this research. EPA parked a truck’s exhaust pipe directly beneath an intake pipe on the side of a building. The exhaust was sucked into the pipe, mixed with some additional air and then piped directly into the lungs of the human subjects,” said ATI Environmental Law Center Director Dr. David Schnare.

Dr. Schnare was previously a 34-year EPA attorney and holds a Ph.D. in Environmental Management from the University of North Carolina-Chapel Hill and a Master of Science in Public Health-Environmental Science from the University of North Carolina, where the experiments were conducted.

“EPA actually has pictures of this gas chamber, a clear plastic pipe stuck into the mouth of a subject, his lips sealing it to his face, diesel fumes inhaled straight into his lungs.”

Scientific assessments of PM2.5 conducted in 2004 and 2009 by the EPA determined there is no safe level of exposure.  Nevertheless, the EPA pumped it directly into the lungs of humans, including an obese volunteer and a volunteer with chronic asthma.

The EPA violated numerous federal laws by failing to properly inform volunteers of the risks or that the EPA has previously determined their level of exposure to PM2.5 was potentially lethal.  Additionally, the experiments violate federal laws requiring the potential benefits to the subjects outweigh the risks to the subjects.

Also, federal law requires volunteers in medical studies to be fully informed of any “reasonably foreseeable risks or discomforts to the subjects. [45 CFR 46.116 and 40 CFR 26.116 (a)(2)]

A review of the consent forms by Dr. John Dale Dunn, a policy advisor to the American Council on Science and Health, confirms subjects were not properly informed of the risks or that their exposure was potentially lethal.

Additionally, federal law prohibits medical experiments on humans imposing risks that are not reasonable in relation to the anticipated benefits. [45 CFR 46.111 and 40 CFR 26.111(a)(2)]  Those laws prohibit including possible long-range effects of applying knowledge gained the research when weighing risks and benefits.

The EPA admits there is no potential benefit to directly inhaling diesel fumes.

Dr. Dunn called EPA’s human experimentation “scandalously unethical and immoral” and said “There can be no further tolerance of this misconduct.”

The suit, ATI v. EPA, names EPA, EPA administrator Lisa Jackson as defendants.  It seeks to immediately halt the experiments, halt any similar experiments, to declare the EPA did not provide sufficient information to victims, to halt expenditures for the study, to suspend use of the UNC Medical IRB unit, to prohibit the EPA from using information from the study and to suspend implantation of any rules under the Clean Air Act to control fine particulate matter until it is ensured they are not based on information gathered from illegal medical experiments.

The American Tradition Institute is an independent 501(c)3 “think tank” associated with, but completely independent from, American Tradition Partnership.  

ATI statement on the EPA’s inhumane and illegal human medical experiments

Posted on by Donald Ferguson

The American Tradition Institute is an independent 501(c)3 “think tank” associated with, but completely independent from, American Tradition Partnership.


Statement of ATI’s Lead Counsel on American Tradition Institute v. U.S. Environmental Protection Agency

(US District Court, Eastern District of Virginia No. 1:12-cv-1066)

There are few occasions in life that emerge directly from the core of an individual and almost never are those memorialized in a law suit. On Friday, September 21, 2012, I took five copies of a complaint to the Albert V. Bryan U.S. Courthouse in Alexandria, Virginia, filing one of them with the court and having each of the rest stamped and then sent to four senior government officials, Attorney General Eric Holder, U.S. Attorney Neil H. MacBride, EPA Administrator Lisa P. Jackson and EPA General Counsel Scott Fulton. I sent them summons to appear and defend themselves in part because of my first name.

I was named after David Steiner, a man who died of starvation in Buchenwald concentration camp on May 3, 1945. Tattooed on his body was the number 59059. He was witness to horrors that, today, we have a hard time even contemplating, something that I thought would never exist on this planet again – the abhorrent practice of giving human subjects poisons in order to determine what subsequently happens to them.

I have always been deeply affected by the circumstances of my great-uncle’s death. It is a heavy burden to carry the name of such a victim. As I matured, I committed my life to giving to our civilization that which David Steiner was never able to give himself. I have given 37 years of service to the United States, most of that in an effort to protect human health and the environment as a professional at the U.S. Environmental Protection Agency.

I was able to secure a position of responsibility and trust at EPA in large part because the University of North Carolina at Chapel Hill offered me the opportunity to obtain graduate degrees and prepare myself for a career in public service. Until a few weeks ago, I had been a strong supporter of each. Then Steven Milloy asked me to represent him and other members of the American Tradition Institute who have stories much like mine, or otherwise cannot countenance such human experimentation.

Steve’s story is worse than death. His uncle, Zoran Galkanovic, was incarcerated at the Mauthausen concentration camp. Upon threat of death, Mr. Galkanovic was forced to rise each morning and identify those individuals at the concentration camp too ill to work, knowing they would subsequently be executed that very day. Because of the inhumanity forced on Mr. Galkanovic, Mr. Milloy has accepted as a family responsibility the fight against any government who subjects its citizens to inhumane treatment. Who knew it would be our government? Who knew it would be the U.S. Environmental Protection Agency? Who knew that human experimentation would be done on the campus of the University of North Carolina at Chapel Hill? Who knew it would be an official body of that University that approved this research?

On first blush, I simply could not believe Mr. Milloy. Then I looked carefully at the facts and at the law. This case involves the intentional exposure of human subjects to “fine particulate” matter, also known as PM2.5. EPA obtained their PM2.5 from a diesel truck. It is difficult to overstate the atrocity of this research. EPA parked a truck’s exhaust pipe directly beneath an intake pipe on the side of a building. The exhaust was sucked into the pipe, mixed with some additional air and then piped directly into the lungs of the human subjects. EPA actually has pictures of this gas chamber, a clear plastic pipe stuck into the mouth of a subject, his lips sealing it to his face, diesel fumes inhaled straight into his lungs.

Unbelievable as that may seem, consider the additional fact that EPA has officially concluded that this gas is a genotoxic carcinogen and that there is no exposure level below which it can be considered safe. In fact, EPA Administrator Jackson testified to Congress that of all deaths occurring in the United States, 1 in 4 “is attributable to PM2.5.” She told them “Particulate matter causes premature death. It doesn’t make you sick. It’s directly causal to dying sooner than you should.”

Under the law, under EPA regulations and under EPA policy, this human experimentation is strictly prohibited. To conduct human experimentation, the human subjects must be properly informed of the risks they face and these risks must be less than the potential benefit of the experiment. My family knows how that works too.

Few today know the ravages of Polio, but some of us are old enough to remember it too well. Susan Paidar was a childhood neighbor, the same age as one of my brothers. She died in an iron lung. And, she was one of the last victims of this terrible disease, in small part because of the courage of one of my brothers. In 1952, at age 6, my brother Rick was selected to be in the first human test group for the Salk vaccine. He was offered the possibility of never having to worry about polio again. He was a human subject and there was a real benefit from that human experimentation.

In the section describing the mandatory benefit that must be offered to the human subjects, EPA’s PM2.5 “informed consent” baldly states “there is no benefit.” Worse, the form never informs the subjects that they will be inhaling diesel fumes, never tells them the gas is a carcinogen, never tells them about all the other toxic substances in diesel exhaust pouring into their lungs, never tells them that because PM2.5 is genotoxic, it might cause disease in children they might wish to have.

Medical ethicist, Professor John D. Dunn, MD, JD, called EPA’s human experimentation “scandalously unethical and immoral” and said “There can be no further tolerance of this misconduct.” This is not the EPA I knew. This is not the University of North Carolina I knew. This is not the American Tradition of our nation. But, this is why I travelled to the U.S. Courthouse in Alexandria, Virginia – to put a stop to it.

David W. Schnare, Esq., MSPH, PhD.


Environmental Law Center

American Tradition Institute.

Read the complaint and declarations here.

For additional details see here.

Court strikes down Obama EPA overreach

Posted on August 22, 2012 by Donald Ferguson

The District of Columbia Circuit Court of Appeals struck down Tuesday an Obama EPA dictate regulating sulfur dioxide and nitrous oxide emissions.

“In a 2-1 decision, the District of Columbia Circuit Court of Appeals ruled that the EPA had overstepped its authority by issuing federal pollution standards before states had a chance to develop their own and by calling for emissions reductions greater than the court’s majority considered necessary,” The Los Angeles Times reports.

“Led by Judge Brett Kavanaugh, the court vacated the rule and ordered the EPA to develop a new one, leaving in its place a Bush-era regulation.”

Gang Green activists are urging Obama to appeal the ruling and press ahead with his scheme to bypass Congress by imposing rules through regulatory decree.

That’s why American Tradition Partnership and Sen. Rand Paul are fighting for a vote on the REINS Act, which requires all major federal regulations to be approved by Congress and signed by the President before they may be enacted.

Obama forces 750 more coal mine layoffs in W.V., Kentucky & Virginia

Posted on June 23, 2012 by Donald Ferguson

“Arch Coal on Thursday announced it will lay off 750 workers in West Virginia, Kentucky and Virginia this summer,” Clarksburg, W.V. NBC affiliate WBOY reports.

Each of those 750 jobs supports at least three other jobs.  Mining officials cited ” a challenging regulatory environment” under Obama as a key cause of the layoffs.

Bill Bissett, president of the Kentucky Coal Association, “blamed the federal government, saying the Obama administration is ‘doing its best to move this country away from coal by any means possible,’” WBOY reports.

“What is it going to take for the administration and the EPA to back off?,” Congresswoman Shelly Moore Capito (R-W.V.) asked. “The administration cannot simultaneously claim they’re focused on creating jobs while pushing energy policies that are shuttering plants and destroying jobs. It just doesn’t pass the smell test.

“I recognize that the coal industry is subject to the same market forces as anything else; there will be ups and downs, good times and bad.  But the administration is actively trying to cripple the fossil fuel industry through regulation; the EPA is now Enforcing Political Agendas and it has to stop.”

SCOTUS to hear case challenging unconstitutional EPA power abuse

Posted on January 9, 2012 by Donald Ferguson

The Supreme Court will hear today a case challenging the Environmental Protection Agency’s unchecked powers to stop human activity on private property without due process.

“Based on ‘any information’—even a newspaper article or an anonymous tip—the Environmental Protection Agency can issue an administrative compliance order directing a property owner to stop discharging pollutants or restore a damaged wetland. The government says such directives, similar to stop-work orders by local zoning inspectors, allow it to respond rapidly to prevent environmental damage,” Jess Bravin of The Wall Street Journal reports.

Bravin reports the Court “agreed to hear an appeal…from an Idaho couple, Mike and Chantell Sackett, over their plans to build a 2,400-square-foot vacation home on Priest Lake.

“Mr. Sackett, 45 years old, says the 0.63-acre property was a gift from his wife, who bought it from a friend for $23,000. In May 2007, three days after workers started clearing the property, officials from the EPA and the Army Corps of Engineers showed up to ask if the Sacketts had a permit to fill in wetlands. The officials said they were acting on an anonymous tip. Nearly seven months later, the agency sent the couple a compliance order directing them to restore the property to its original condition.  The Sacketts, who run an excavation company, disputed that the property was a wetland, noting that it is in a subdivision.”

The case centers on the EPA’s unchecked power to issue compliance orders without allowing the property owner to contest it in court, which is violates the Fifth Amendment’s guarantee of due process.

Obama dictate forces Texas to close power plants

Posted on September 13, 2011 by Donald Ferguson


The Hill reports:

(Excerpted) A major Texas-based power company said Monday it will close two coal-fired power units in the state and lay off 500 workers in order to comply with an Environmental Protection Agency air pollution regulation.

The company, Dallas-based Luminant, also filed a lawsuit aimed at overturning the regulation in the state and pushing back a deadline to comply with the new rules…

…The announcement comes amid growing resistance to EPA regulations from the country’s electric utilities. American Electric Power, for example, said in June that it will be forced to shutter five coal-fired power plants in order to comply with the agency’s pending rules.

Luminant, in a statement released Monday, said it will shut down two generating units at its Monticello power plant in order to meet requirements under EPA’s Cross-Air Pollution rule, which would limit toxic air pollution that crosses state lines in Texas and 26 other states.

The units began operation in 1974 and 1975 respectively. The move will cut the company’s generating capacity by 1,200 megawatts…

…“We have spent the last two months identifying all possible options to meet the requirements of this new rule, and we are launching a significant investment program to reduce emissions across our facilities,” Luminant CEO David Campbell said in a statement. “However, meeting this unrealistic deadline also forces us to take steps that will idle facilities and result in the loss of jobs.”…

…The Texas Commission on Environmental Quality, responding to Luminant’s announcement, blasted EPA’s cross-state regulations Monday.

“These rules, imposed on Texas without adequate notice and without adequate scientific justification, will kill jobs, put the brakes on economic growth, increase energy costs and impair our energy security—all with little or no positive environmental effects,” the commission said in a statement.

“Barack Obama’s latest assault on jobs and affordable energy are more proof we need a recorded vote on the REINS Act,” said American Tradition Partnership Executive Director Donald Ferguson. “By farming out their attacks to nameless, faceless bureaucrats Gang Green’s puppets in Congress can shut down power plants, close down factories and eliminate jobs without taking responsibility for the destructive agenda.”



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