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Attempts by mining industry and state agencies to silence scientists:

 

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.

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Last updated April 2, 2009