Paucity of Analysis-Violations of Law and Ethics

My name is Ed Rapp of Dumont. I have left with the court recorder a copy of my credentials and resume for the record. As an appointed member of this administration you can consider me a Whistleblower.

This draft I-70 West PEIS is in substantial violation of NEPA standards and is not in conformance with the Administrative Procedures Act. It is a not so cleverly crafted façade of legal sufficiency and an abuse of discretion in a manner "not in accordance with law and procedure". It has all the earmarks of a "post hoc rationalization for a decision that has already been made" which is also a violation of law.

The question is: was this done with or without malice of forethought? If there was no malice then the product results from incompetence or perhaps a distorted institutional culture that condones mendacity. If it was done with forethought then there is malfeasance or perhaps even conspiracy to commit public fraud. That is for future courts to decide.

You need to be aware that this I-70 draft PEIS is already a case study being recorded and under scrutiny for ethical behavior by a class at the Colorado School of Mines. As part of the required curriculum this class of 10 seniors and graduate students is doing research and analysis about what goes on here. Since you have not been forthcoming with answers to questions posed to you over the past four public hearings, this team supported by five distinguished professors is particularly focused on the lack of vision, the 20 year construction disruption not described in analysis and the ethics and legality of the process. The team of students represents almost all disciplines taught at Mines. Among the professors is the former head of the environmental engineering, the acting head of engineering (civil, mechanical, and electrical), an engineering ethicist, the former head of mineral economics and operations research systems analysis, and a former lawyer from the Department of Justice in Washington D.C. who litigated cases in transportation and water law.

This distinguished group intends to provide the needed answers to the particular questions posed by the mountain communities. I will leave with the court recorder a copy of the course notice. The products of this work will be available prior to the close of the public comment period. The existence of this course on this subject at this time is evidence of your failure to give the public a decision basis for their rational comment.

Have you considered a supplement to this draft PEIS and a second round of hearings and comment?