The government watchdog organization, Protect the Public’s Trust (PPT), has filed an ethics complaint regarding a former Environmental Protection Agency (EPA) official’s involvement in the controversial Diamond Alkali Superfund Site cleanup settlement. The settlement, reached in December 2022, saw 85 entities agree to pay $150 million, less than 10 percent of the estimated $1.8 billion cleanup costs. This substantial gap in funding has raised concerns about potential taxpayer burden in New Jersey.
The complaint alleges David Batson, a former Senior Alternative Dispute Resolution (ADR) Specialist and ADR Counsel at the EPA, violated the “Lifetime Ban” for federal employees when he participated in the negotiation of the Diamond Alkali Superfund Site cleanup in the private sector. Batson had also been involved with the same issue as a federal official, interacting with at least 14 separate parties now part of the consent decree.
According to the Department of Justice, the federal employee “Lifetime Ban” is a post-employment restriction that prohibits former government employees from representing any party, in connection with a specific matter in which they participated personally and substantially while in federal service, before a federal agency or court. This ban aims to prevent conflicts of interest and the misuse of inside knowledge or influence gained during government service for private gain.
PPT says whistleblower information, court filings, and media reports suggest Batson continued his involvement in the Diamond Alkali Superfund Site even after leaving the EPA in 2015, possibly using his federal service to benefit his current employer. This may have breached post-government ethics obligations, including the “Lifetime Ban.”
The ethics complaint also highlights concerns about the EPA’s potential overreach in managing the Superfund program. The allocation process used at the Diamond Alkali site, which Batson claims to have authored, was twice rejected by Congress for use by the EPA. This process, which relies on a non-government, third-party neutral, appears to have been employed at the site, seemingly to the benefit of Batson’s employer.
Michael Chamberlain, Director of Protect the Public’s Trust, emphasized the importance of maintaining public trust in government decisions. He called for a thorough investigation into the complaint, stating, “As the government grows by the trillions, it becomes even more vital that its decisions are not influenced by revolving doors, conflicts of interest, and switching sides.”
Protect the Public’s Trust (PPT) is a non-partisan organization focused on combating government corruption and conflicts of interest while promoting transparency, accountability, and public trust through oversight and advocacy for reform.