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May 14, 2010

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Steven Pollack

The DOJ also filed an unauthorized oversized brief in support of its motion to dismiss our case charging the FBI with violating the Clean Water Act by discharging lead munitions into Lake Michigan. It seems the DOJ can ride roughshod over court rules and opposing party's rights whenever it feels it necessary.

DOJ attorneys also advanced legal arguments that we had no standing 13 miles south of the range because they claim there are discrete areas of the lake. We countered Lake Michigan rotates counterclockwise and lead pollutants would therefore travel towards our drinking water. The Seventh Circuit panel asked the DOJ appellate attorney point blank if she was aware of lake rotation and she claimed to not be aware. It turns out the DOJ withheld a document ordered by the district judge to be turned over showing the government (and DOJ) is aware of lake rotation. She perjured herself by denying knowledge and the DOJ obstructed justice by advancing a legal argument relying on the truth being withheld through abuse of discovery.

The FBI range is open once again and continues to violate the Clean Water Act by discharging its lead into Lake Michigan without a permit.

Pollack v. Department of Justice, Coast Guard, Navy, Marines, DoD, 577 F.3d 736 (7th Cir., 2009)(Finding we proved our case
that the FBI has violated the law for decades yet denying us
standing).

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