Persistence may pay off for sick workers

The Oak Ridger, Oak Ridge, Tennessee
Story last updated at 3:34 p.m. on Monday, May 29, 2000

Guest Column: Persistence may pay off for sick workers
By Ed Slavin

On this day in American history (May 17): In 1946, President Harry Truman seized control of America's railroads.

In 1954, the United States Supreme Court ordered American schools desegregated, in Brown v. Board of Education.

In 1973, the U.S. Senate began its Watergate investigation.

In 1983, in response to a November 1982 Appalachian Observer newspaper declassification request, the DOE Oak Ridge Operations office admitted it "lost," emitted and dumped 2.4 million pounds of mercury in Oak Ridge.

The DOE ORO telephone call came at about noon on our weekly deadline day, requesting I send someone to DOE HQ in Oak Ridge to pick up a FOIA response.

The rest, as they say, is history.

Some said that I was "crazy" and "out to destroy Oak Ridge" for seeking this information, and that no one would care. They were wrong. Others in Oak Ridge shared information confidentially, and encouraged me to seek the truth.

DOE now admits that there were 4.2 million pounds of mercury "lost."

Since 1983, DOE has spent some $4.5 billion on "cleanup" in Oak Ridge, with no end in sight. DOE and its allies euchred ATSDR into changing the cleanup standard for mercury, and serious problems remain as a result.

On May 17, 1983, few of us envisioned just how widespread DOE and contractor misconduct had been, or the vast numbers of people affected by it. While I predicted "a potential environmental health disaster" in AO editorials, and was churlishly chided by DOE for "alarmist language," the simple truth is that I did not then imagine just how big that DOE "environmental health disaster" might become.

Seventeen years later, our leaders need the steely determination of Harry Truman, Earl Warren, Thurgood Marshall and Sam Ervin.

Seventeen years later, that 26-year-old Appalachian Observer newspaper editor is a public interest lawyer representing whistleblowers and other DOE victims. He is still hated by DOE Oak Ridge managers. He is still seeking the truth. I am now honored to have my views shared by DOE's victims -- workers and residents from across the country, with an apology by the Secretary of Energy and bipartisan compensation legislation supported by editorial writers and Congressmen. This is a very special day, with meaningful legislation possible, if not this year, then next year.

The lesson of history: Never give up. Individual efforts can change history.

See, e.g., Jimmy Breslin's book on Watergate, "How the Good Guys Finally Won."

In tribute to all of the DOE/AEC victims whose sacrifice made victory in the Cold War possible, Congress should pass full and fair compensation legislation for all of DOE's Cold War radiation and toxicant victims, whether babies with genetic damage, Downwinders/residents, plant workers, Atomic Veterans or Gulf War veterans.

Our struggle is righteous and it can and should be won. The bill should not be limited only to plant workers, but should include family members and residents poisoned by DOE or suffering genetic abnormalities.

Rep. Zach Wamp pressed the need for compensating residents at the April 12 press conference held by Secretary Richardson, televised by C-SPAN: Secretary Richardson only frowned at these words.

In my humble opinion, if Congress has to kill a bad bill now to pass a good bill later, then so be it. DOE should not control compensation of its own victims, or pick and choose which victims it will compensate. This is a blatant conflict of interest.

Longtime Oak Ridge lawyer Gene Joyce made excellent suggestions on enacting compensation legislation in his column, and I salute him.

If hindsight is 20/20, it is only reasonable that DOE should not be allowed to rush things so as to make the nuclear weapons compensation bill a joke, covering only a few people, holding out cash over their heads and then dashing peoples' hopes and prayers in the details. What do you think?

For more information online, visit www.downwinders.org/victims.html