iiSection 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001(hereinafter “DOI Guidelines”); Director’s Order #11B: Ensuring Quality of Information Dissemi-nated by the National Park Service (hereinafter “Director’s Order #11B”); and other applicablestatutes, regulations, Executive Orders, manuals, orders, policy statements, instructions, direc-tives, and guidelines establishing binding information-quality standards.Information disseminated by NPS in the DEIS and Atkins Peer Review Report fails toconform to minimum information-quality standards established by the OMB Guidelines, DOIGuidelines, and Director’s Order #11B. This inaccurate, nontransparent, and deliberately mis-leading information is reasonably likely to cause severe harm to the Lunnys—who may be forced to close their family business, Drakes Bay Oyster Company (hereinafter “DBOC”)—and Dr.Goodman, who is a user of the information provided in these publications and adversely affected by the scientifically invalid data and methods used therein.
After substantial inaccuracies were identified in the DEIS and Atkins Peer Review Re-port and the National Academy of Sciences (NAS) (of which Dr. Goodman is an elected mem-ber) initiated a review of the DEIS, the Lunnys and Dr. Goodman retained Cause of Action forthe purposes of drafting and submitting this Complaint.
Cause of Action is a nonprofit, non-partisan organization that uses public advocacy and legal reform strategies to ensure greatertransparency in government and protect taxpayer interests and economic freedom and providesits services on a pro bono basis. Expedited correction of the manifold errors in the DEIS and At-kins Peer Review Report is especially important given the limited term of the permit that allowsoperation of DBOC, which provides livelihoods for not just the Lunnys but their employees.Pursuant to Director’s Order #11B, which establishes NPS-specific information-qualitystandards, the DEIS and Atkins Peer Review Report must be withdrawn from the public domainand timely corrected as described below. Specifically, corrections must be included in the FinalEnvironmental Impact Statement: Drakes Bay Oyster Company Special Use Permit (hereinafter“Final EIS”) and the Atkins Peer Review Report must be withdrawn, corrected, and reissued.
This is not the first time that NPS has published scientifically flawed information regarding DBOC’s alleged im-pact on the environment under circumstances suggesting a lack of scientific objectivity.
, Case No. OI-CA-07-0297-1, at 2 (July21, 2008) (concluding that NPS employees “misrepresented research” in initial versions of a 2007 report regardingDBOC’s oyster farm) (Exhibit 1). Even other federal agencies, such as the National Marine Fisheries Service(NMFS), have “recommend[ed] that NPS [revise the DEIS to] … [p]rovide a more balanced consideration of … thepositive impacts of shellfish aquaculture [i.e., DBOC’s oyster farm] on habitat and water quality….” Letter fromRodney R. McInnis, Regional Administrator, National Marine Fisheries Service, to Cicely Muldoon, Superinten-dent, Point Reyes National Seashore, p. 2 (Nov. 17, 2011) (Exhibit 2).
As explained in greater detail below, because NPS took great pains to conceal the inaccuracies and deliberate mis-representations in the DEIS, Dr. Goodman did not discover the extent to which the conclusions in the DEIS weresupported by false and deliberately misleading information until well after the initial public comment period had closed. (The DEIS was made publicly available on September 21, 2011; the public comment period closed on Decem-ber 9, 2011.)