Scientist Sues Pollution Control Agency, Alleges Muzzling

Aug. 19–A scientist at the Minnesota Pollution Control Agency has filed a federal suit against the agency, saying it isn’t allowing her to speak out about several new, emerging chemical contaminants or to answer questions about them from legislators.

Fardin Oliaei filed the lawsuit in U.S. District Court in Minneapolis against the MPCA, Commissioner Sheryl Corrigan and several agency managers.

It comes three months after she filed a similar complaint with the Occupational Safety and Health Administration. That complaint is still being investigated.

In both instances, Oliaei alleges the agency has reprimanded her for speaking out about new contaminants that don’t break down in the environment. Some of them have been used by 3M Co. in popular consumer products such as Scotchgard. Corrigan is a former 3M executive.

In May, Oliaei said MPCA managers had denied her request to broaden an investigation into those products, reprimanded her for giving interviews about them and prohibited her from giving requested information to legislators. In the lawsuit, she reasserted those claims and charged that her free-speech rights had been deprived, and, despite a written agreement with the agency, it recently revoked her telecommuting privileges.

The MPCA has declined to comment on her allegations.

“We respectfully disagree with the charges but will withhold further comment until we see the lawsuit, which involves private personnel matters,” agency spokesman Ralph Heussner said.

Rockford Chrastil, Oliaei’s attorney, said his client faces an increasingly hostile work environment and is being held to standards not applied to others. Because Oliaei has been reprimanded for talking about the contaminants, Chrastil said she doesn’t believe she can do so now.

“She certainly no longer feels she can do so without being disciplined or terminated,” Chrastil said.

The chemicals include:

–Perfluorochemical compounds, or PFCs, which build up in living tissue and do not break down. While not yet categorized as a human carcinogen, they have caused birth defects and deaths in animal studies. 3M began to phase out production of the chemicals in 2000.

–Polybrominated diphenyl ethers, or PBDEs, which are used in flame retardants. They also build up in people, wildlife and aquatic organisms and have been associated with reproductive and developmental problems.

The suit cites the First Amendment, federal civil rights statutes and the Minnesota human rights and whistleblower acts. Oliaei said she is seeking to have agency gag orders lifted and to be allowed to conduct her research free from harassment.

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