Feds to fire employee who shared information with environmentalists
By Launce Rake
Las Vegas Sun
The federal Bureau of Reclamation is preparing to fire an employee
who provided environmentalists with information on a planned,
Nevada-funded project to build a huge reservoir to capture Colorado
River water near the Mexican border.
Charles Rex Wahl, an environmental protection specialist for the
Bureau of Reclamation's Albuquerque office, worked for more than two
years in the agency's Yuma, Ariz., office. During that time, he provided
information on the bureau's activities to an analyst with Environmental
Defense, a national environmental group.
Bureau managers say the "administratively controlled" information was
confidential, for internal purposes .
The bureau said it discovered at least 10 e-mails that revealed
confidential information after Wahl was transferred to Albuquerque, and
his supervisor looked through Wahl's e-mail to see whether any documents
needed to be acted upon or completed.
Most of the e-mails are casual in character, although they discuss
some of the bureau's biggest projects along the Colorado River.
A government description of his job, which paid more than $60,000
annually, was to manage "all elements of assigned National Environmental
Policy Act compliance activities associated with actions and initiatives
of the Yuma Area Office."
In practice that meant interacting with the public, environmental
groups and other agencies, providing information and providing input on
policy issues to his managers at the bureau.
Representatives for Wahl say the information was public - or should
have been - and he was responding to requests for information from other
agencies or nonprofit groups.
The Bureau of Reclamation manages river flows on the Colorado River
through lakes Powell and Mead, and works closely with water agencies,
including the Southern Nevada Water Authority, to supply water for more
than 20 million people and millions of acres of agriculture in Southern
California, Arizona and Nevada.
Federal investigators cited numerous e-mails from Wahl to
Environmental Defense and two other federal agencies, the U.S. Fish and
Wildlife Service and the U.S. Army Corps of Engineers, that were
discovered after Wahl left the Yuma office in May.
One issue that Wahl provided information on was the proposed Drop 2
reservoir that would capture Colorado River water before it reaches
Mexico's Sea of Cortez. Some environmentalists are concerned that the
reservoir and an accompanying project, lining of the All-American Canal
near the Mexican border, will adversely affect rare wildlife in the
Colorado River delta and nearby desert.
President Bush on Wednesday signed legislation authorizing the two
water projects, and designating the Southern Nevada Water Authority as
the source for funding of the $84 million reservoir project. In exchange
for funding the reservoir, the Water Authority could, for up to seven
years, take enough water from Lake Mead to serve about 120,000
households.
In its intent-to-terminate letter, the bureau accused Wahl of being
"in regular contact with organizations who you described as having an
adversarial relationship with the Yuma office and who you believed had
threatened litigation over the proposed Drop 2 Project."
Wahl also identified specific documents that environmentalists could
request under the Freedom of Information Act .
The government specifically complained that Wahl released internal
management information regarding the seismic stability of a river-water
desalting plant in Yuma.
Releasing that information "was subversive in nature and hindered the
accomplishment of agency work," Assistant Area Manager Arthur Valverde
said in a September letter spelling out the reason for Wahl's
termination.
Bureau spokesman Barry Wirth declined to comment on the issue.
"The Bureau of Reclamation," he said, "is unable to comment on
pending actions regarding human resource activities."
Wahl declined to comment about the termination. He is being
represented by the national environmental group Public Employees for
Environmental Responsibility. The Washington, D.C.-based group noted
that Wahl's wife, a temporary clerk typist in the Albuquerque office,
was also fired.
Paula Dinerstein, the group's senior counsel, said Wahl was fired for
doing his job - providing environmental information to groups with an
interest in the bureau's activities.
"These charges are both insulting and illegal. Public servants cannot
be fired simply for telling inconvenient truths," she said. "Part of the
Bureau of Reclamation's problem is that it apparently regards
environmentalists as enemies."
Dinerstein said that she expects to have a formal notice of "final
action" terminating the employee, who has been on leave since September,
within several weeks. Wahl's legal representatives are arguing the
bureau is breaking national environmental laws in the termination. Wahl,
a civil servant, also has a guaranteed appeal process.
The problem is not with Wahl but with the bureau, Dinerstein said.
"The Bureau of Reclamation, particularly the office that he was in
Yuma, Ariz., was really making a mockery of public compliance. It was
trying to avoid public comment and trying to avoid compliance with the
Endangered Species Act and the Clean Water Act.
"Mr. Wahl was trying to do his job as an environmental officer. He
was trying to do the job that he was told to do in terms of his job
description. Apparently that wasn't really what they wanted him to do."
Launce Rake can be reached at 259-4127 or at lrake@lasvegassun.com.