DEP Expert’s Lawsuit Against DEP Reveals How DEP Managers Suppress Science On Controversial Issues

DEP Blocked Public Scientific Presentations On Fracking & Drinking Water

Lawsuit Alleges That DEP Managers Retaliated Against Expert

A “Stellar Career Took A Nosedive” 

Alan Dillon, a 30 veteran DEP drinking water expert, is suing the Department and several DEP managers for allegedly improperly retaliating and discriminating against him after he refused to comply with his managers’ orders to delete scientific information on fracking and open air reservoirs from his public presentations to academic and regulatory bodies.

The lawsuit names former Christie DEP Assistant Commissioner Dan Kennedy and Commissioner Martin’s Chief Of Staff Magdalena Padilla and several DEP middle managers.

The Appellate Division heard Dillon’s lawsuit on Monday – you can read the briefs and DEP’s response here. 

The lawsuit involves age discrimination, retaliation, and a hostile work environment. The legal briefs reveal an embarrassing and totally unprofessional work environment, as well as exposes exactly how DEP suppresses and manipulates science on controversial issues and retaliates against staffers who stick by their guns and refuse to suppress the science.

The briefs and DEP’s response reveal that DEP managers ordered Dillon to delete scientific information from presentations to Rutgers and a drinking water industry conference.

DEP managers claimed that public presentations on fracking and “open air reservoirs” – which were pending highly controversial issues at the time – were too “sensitive” and “political” for Dillon to discuss publicly.

At the time DEP managers sought to suppress Mr. Dillon’s public presentations, both issues were timely, relevant, and highly controversial. The Delaware River Basin Commission was considering a permanent moratorium on fracking and the DEP had recently entered into a controversial agreement with the Passaic Valley Water Commission to drain a reservoir and build costly concrete tanks. see NJ Spotlight’s coverage:

On Garret Mountain in Passaic Valley, residents are fighting a $135 million plan to drain three open-air reservoirs and implant concrete tanks — the tab to be picked up by customers.

Mr. Dillon served at DEP for 30 years and recently retired as a Section Chief in the DEP drinking water program. Mr. Dillon’s brief outlines his professional career at DEP.Screenshot 2024-09-11 at 8.00.48 AM

Mr. Dillon’s brief claims DEP managers sought to delete scientific information fro two of his professional presentations on drinking water:

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The DEP’s reply brief attempts to smear Mr. Dillon and divert attention from the real issue, but it explicitly admits and defends this scientific suppression he resisted. DEP argues:

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And after Mr. Dillon refused to delete information on fracking and open air reservoirs from these presentations, his managers drafted “replacement topics” – a transparent attempt to suppress science and change the subject:

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Mr. Dillon refused to go along with political intervention by his DEP managers – and for that his “stellar career took a nosedive” and he was smeared and personally attacked.

I know and have worked with almost all the people involved in this tawdry affair and share a very similar experience of retaliation for defending science and informing the public.

There are literally scores of additional issues where the DEP managers suppress science and fail to inform the public about what they call “sensitive issues”.

This is totally unacceptable.

And you will hear nothing about any of it from the lame NJ press corps and the sycophantic DEP cheerleaders who pose as “environmental leaders”.

[End Note – read the DEP brief and see how DEP openly admits and defends suppression of science and political control by managers. Consider this next time DEP makes any public statements about any issues – they’ve all been filtered by the DEP press Office and DEP political appointees:

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