Attempts by mining industry and state agencies to silence scientists right to free speech:

It is appalling  how the mining industry and other developers have attempted, and  succeeded repeatedly, in using geologist licensing rules to squelch  free speech.  The geologist licensing laws were put in place,  supposedly, to protect the general public against unscrupulous and  incompetent geologists.  Instead, business interests are twisting  geologist licensing to protect unscrupulous and incompetent  geologists against legitimate criticism from the general  public.  This is a sorry state of affairs.

Dr. Bacchus, a hydroecologist, was served a "cease and desist" (C&D) notice in July of 2006 regarding her public input in a mining zoning application in the state of Florida. It seems a move by industry to prevent her from exercising her first amendment rights.    She responded by filing a complaint of her own.  You can see the original complaint Bacchus vs. Florida Department of Business and Regulation here.  This link will lead you to the amended complaint (filed in March of 2007).

This letter from the (Florida) state agency dated 7/31/07 rescinds the Cease and Desist order they had placed Bacchus under for more than a year.  Note that this is the same date of the above amended complaint filed in federal court). The idea may have been that "rescinding" the C&D order  against the scientist, would have allowed the that the suit against them in federal court would be dismissed. That did not happen, as you can see from the judge's order denying the motion to dismiss the case.

The agency's attorney who signed the C&D order in 2006 (Tunnicliff) was attempting to claim he had immunity from prosecution.  In the judge's order denying dismissal, he clarified that immunity from prosecution extended to ³all but the plainly incompetent or those who knowingly violate the law.²   The state quickly settled the case out of court.

Unlike Mark Reed's similar case in Oregon, the offending state rules that infringe on the public's free speech was not revised as part of the settlement agreement.  The state merely "exempted" Bacchus from those rules.  She predict that additional legal challenges to those rules will follow.

We hope this story will provide resources and hope for others to continue to exercise free speech in our great democracy.

Similar complaints have been won in the Pacific Northwest, again regarding scientists speaking out on the impacts of mining. 

Stay tuned to this site for more resources related to this issue.  I hope they will assist others in working toward empowering American to be civically engaged in our democracy.

This link will lead you to a complaint filed by a scientist in March of 2007 concerning industry efforts to prevent her from exercising her first amendment rights.  She won the case.

The original complaint Bacchus vs. Florida Department of Business and Regulation.

This is the content of the note I received from Dr. Bacchus, asking me to provide this information.

Subject: Mining industry's attempt to silence free speech

 Nora,

Thank you for your efforts to create and host an educational web site for the public regarding adverse impacts of various types of mining.  I believe this is a valuable one-of-a-kind educational tool.

I recently forwarded a copy of documents related to an Oregon regulatory agency's attempt to silence Professor Mark Reed's free speech rights.  This agency was acting on behalf of the gravel mining industry, which was attempting to prevent Professor Reed from providing comments adverse to the proposed gravel mining (in Reed's neighborhood) at public meetings.

Professor Reed teaches Geology at the University of Oregon in Eugene, OR.

A prominent law professor at the university represented Professor Reed in his challenge of the state's (and mining industry's) attempt to silence his speech.  Professor Reed forwarded information related to his case after learning about the similar incident that I was subjected to in Florida.

Similar attempts to silence the speech of professors at the University of Georgia also have occurred, with several of the professors being issued cease and desist (from free speech) letters by Georgia's regulatory agency.

I believe that information related to these cases will be a valuable addition to your educational web site on mining.  I hope you will consider adding a category to post documents related to "Attempts by mining industry and state agencies to silence scientists."

I have attached a pdf copy of the amended complaint filed 7/31/07 in my federal suit against the Florida regulatory agency attempting to silence my free speech in response to complaints by the mining industry.  My initial complaint was filed on Earth Day Friday, 2007 and named the newly appointed agency head as the agency and individual defendant.  The amended complaint substituted the employee who had signed my cease and desist order as the individual defendant.

I'll also forward a copy of the Order filed by the judge in response to the state's 3  attempts to dismiss my suit.  That Order resulted in the state's prompt settlement of the case before it went to trial.

I'm forwarding a copy of my complaint to Professor Reed so that he can share this information with the law professor who handled his case.

I'm also forwarding a copy of this email and attachment to Kevin Hill.  He has a web site focused more narrowly (and intensely) on local aggregate mining in the Lee County area.  I hope that you will consider including a separate section on your web site with this type of information.

Thank you for your consideration,

Sydney

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This resource focuses on adverse impacts from mining currently not addressed or evaluated by regulatory agencies and municipalities, as well as alternatives to mining and approaches for improved monitoring and evaluation of existing and proposed mine sites and mine-related impacts.  This portal is made possible thanks to the volunteer efforts of scientists, other professionals and citizens.