ECSI Response to the Department of Interior, In
spector General’s Report Titled:
Investigative Report of OSM Environmental Review
Released on December 20, 2013 Statement of J. Steven Gardner, PE President and CEO ECSI, LLC In December, 2011, the
Department of Interior, Inspector General’s office
initiated an investigation of the Office of Surface Mining Reclamation and Enforcement (OSM) after news outlets reported in November that OSM pressured contractors working on an environmental impact statement (EIS) to lower their estimate of the number of potential job losses associated with a proposed rule to protect streams located near coal mines. OSM then allegedly ended their contract when they refused. Joseph J. Zaluski, ECSI Executive Vice President and I had testified before the Committee on Natural Resources Subcommittee on Energy and Mineral Resources of the U.S. House of Representatives on November 15, 2011 which led in part to this IG investigation. I was prompted to testify after I had reviewed the testimony of Joseph G. Pizarchik, Director of OSM during the November 4, 2011, Subcommittee Hearing. As a licensed Professional Engineer I felt compelled to protect both my profession, my firm and my reputation and character by taking a position that would not allow the falsification, misleading or changing of report results to reflect a given and desired outcome. A summary of comments that Director Pizarchik made during his testimony at the November 15 hearing and my responses include: 1.
made the statement that the job loss numbers were “placeholders” and were “fabricated.”
As I have previously stated, the EIS team, which included OSM personnel, performed the analysis to the best of its ability given the deadline and budget. When OSM did not like the result of the analysis, OSM asked that the team change the baseline conditions and use alternative assumptions to alter the coal production and job loss numbers. 2.
Plagiarism was alleged against the PKS team in drafting the EIS. Under NEPA, it is preferred that the drafters of an EIS utilize as much existing information as
possible and not “reinvent the wheel.” While I cannot speak for the entire PKS team, ECSI
utilized text from previous EIS documents, as directed by OSM, where appropriate and cited those documents in its references. In fact, ECSI posed the question to OSM personnel of whether we should simply cite previous EIS documents or if we should put the actual text in the SPR EIS. ECSI was directed by OSM to put the text in the SPR EIS rather than merely cite to another document for ease of the reader.