The below information was provided earlier this year, and to date, there has been no response.

January 16, 2016

Via Electronic Transmission

To: The Honorable Jason Chaffetz

Committee on Oversight and Government Reform

2157 Rayburn HOB, Washington, DC. 20515

Dear Chairman Chaffetz:

I am Peter K. Brannon, former United States Marine. I am petitioning the U.S. government for a redress of grievances. The Principles of the Constitution allows me to expose and address the inefficiencies and shortcomings concerning the Veterans Affairs (VA) scandal, and the mis-titled Camp Lejeune Water Contamination scandal. Constitutional law states it must provide a means to individuals like myself to bring a valid action against the responsible parties for personal injuries, while protecting my families interests by filing lawsuits against those who infringed upon our rights. 1 2 3 4 5

I have a civic duty to report the following violations of the law others have failed to report. For the past five-plus years, I have pursued every official and legal avenue to compel, the Veteran’s Administration (VA), the U.S. Navy, and the U.S. Marine Corps to perform their duty to veterans such as myself who have suffered irreversible damage to the physical well-being of themselves and their families directly related to military service. 6

Due to the restricted ability to obtain adequate assistance in this matter, I am providing the Oversight Committee with answers many House and Senate members have been asking for claiming the U.S. Navy and U.S. Marine Corps leadership concealed knowledge of the actual contamination problem at Camp Lejeune, and didn’t act properly in trying to resolve it or notify former base residents such as my family that their health was at risk. 7 8 9

After careful examination of the facts I collected, reveal facts in the case that was not provided to the courts. This would have changed the outcome of the case and laws associated with it had it been known.

This suggests the U.S. Navy and Marine Corps leadership did not comply with the spirit of Title 42 of the United States Code as it applies to the handling of documents relating to the Camp Lejeune Water Contamination Scandal, and records contained within the Camp Lejeune Historic Drinking Water Consolidation Document Repository. Before January 21, 2015, no one investigated the merits of my claim concerning this manifest injustice because the information I provided was evidently brushed under the rug. 10 11

Under the Federal Tort Claims Act (FTCA) rules, federal district courts must entertain and satisfy my families tort claims for damages. Sufficient evidence now reveals Hillary Clinton’s deep involvement in the Camp Lejeune Water Contamination scandal, and explains why President Obama politically intervened in the legal process to undercut my families Federal Tort Claims. 12 13 14 15 16 17

In the course of providing reliable documentation to the VA, and the responsible parties to substantiate the harm suffered by myself and my family at Camp Lejeune, NC, I have compiled a large body of data which incontrovertibly demonstrates that:

1. The scope of the health risk to Camp Lejeune occupants (1950s to present) far exceeds the provisions and time frame of the “Janey Ensminger Act” and the “Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012,” and specifically, involves ongoing and unpublicized Nuclear, and Radiological contamination, and the previous use and spraying of dioxin (Agent Orange and Agent White) on board Camp Lejeune;

2. Land use and development projects in excess of ten (10) billion dollars have systematically built over and covered up nearly a thousand (1,000) radiological contaminated waste sites at Camp Lejeune with new infrastructure, i.e. roads, barracks, two communities, one elementary school, and some areas were under deceptive remediation efforts in guise of potential archaeological sites, while some areas had no remediation efforts;

3. The Center for Disease Control and Prevention (CDC), and the Agency for Toxic Substances and Disease Registry (ATSDR) water modeling investigators, including all Community Assistance Panel (CAP) members should have known and should be questioned on how they overlooked my findings when I gave some of them the evidence you are reading. Evidence also suggests the Marine Corps did not properly notify the State of North Carolina on these identified contaminations in December of 1984. Governmental agencies and panels possessed sufficient expertise and access to available data to be aware of these dangers as they occurred, but did not act; and 18 19 20 21 22

4. My efforts to bring attention to this ongoing public danger through open-source research, documentation and analysis and initiating a Congressional Inquiry through my Congressmen have been repeatedly dismissed or ignored by the culpable agencies with no evidence that the compelling data I provided was ever considered or in any way refuted.

I provided written and verbal testimony to Congressman Wittman among witnesses regarding facts in this case that apparently was not disclosed to the courts or the American people before, during, or after legislation was passed. This case now rises to the potential level of an impeachable offense, and clearly demonstrates where civil and government officials lacked transparency on this issue. 23

The 11thCircuit Court denied my families constitutional rights against the government in the courts. How ironic, the 11th Circuit Court who has declined to rehear arguments from Camp Lejeune plaintiffs is the very same court who originally generated a statute which is suppose to allow persons whose constitutional rights have been violated to sue the responsible public official or governmental body for money damages! 24 25 26

The full extent of the EPA Superfund Program: Camp Lejeune Military Reservation (US Navy) site located in Jacksonville, North Carolina was thirty-six years of deception, not because of mere volatile organic compounds (VOC) in the water, but because it statistically mirrors the nuclear and radiological affects of the Chernobyl incident. 27 28

The facts in this case now reveals: obstruction of justice, perjury, waste, fraud, abuse, bribery/kick back schemes, corruption, gross negligence resulting in the injury of both myself, and my family, false statements, false claims; gross mismanagement; gross waste of funds; environmental crimes; abuse of authority; and substantial and specific ongoing danger to public health and safety. 29 30 31 32

Our government is suppose to be transparent, effective, and held accountable for its actions. To date, no political participation, judicial representation, remediation or environmental investigation has been conducted, nor does it appear from the reliable documentation I have compiled that any comprehensive solution has or will be attempted. 33

Our government and civil sector must adhere to the rule of law. The failure to award relief to Camp Lejeune victims would not be an appealable matter if such relief were never pleaded in the first place: 34

No court can base its decree upon facts not alleged, nor render its judgment upon a right, however meritorious, which has not been pleaded and claimed. Pleadings are as essential as proof, the one being unavailing without the other.” 35

As the principal investigative committee in the U.S. House of Representatives, I appeal to the Oversight and Reform Committee who also has the authority to investigate this matter, and the ability and wherewithal to review the facts, reach a logical conclusion, and assist me in making every effort to ensure that the true danger and scope of damage, far in excess of the documented water contamination issues, are brought to light and remediated. 36

Previous investigations and reporting have unfortunately failed to adequately address all the facts in this case, which allowed at least two pieces of legislation; the Janey Ensminger Act” and the “Honoring America’s Veterans, and the Caring for Camp Lejeune Families Act of 2012 to pass under mitigating and deceptive circumstances and signed by President Obama. 37

According to the law, environmental accountability and corrective action must be taken. The 11th Circuit court can not refuse to rehear arguments from plaintiffs like myself who lived at Camp Lejeune letting stand a ruling that clearly has obstructed multi-district litigation involving 3,700 FTCA cases. Its clearly evident the appeals court never heard my families case and they wrongly denied plaintiffs petitions for rehearing (WTF). My assessment demonstrates why that decision was made and why that decision must be reversed. 38 39 40

The 11thCircuit Court wrongly stated this case is over! The courts must be committed to transparency, uphold the rule of law, safeguard taxpayer resources, and protect veterans and their families from this kind of legal abuse. They must keep their promise to honest and trustworthy veterans like myself who continues to make sacrifices for the sake of our country’s security and our freedom. 41 42 43

Given the fruitlessness of my efforts to handle this situation through approved official means, and gain acknowledgment and relief through my Congressional Representative, the VA, the U.S. Navy, and the U.S. Marine Corps, I request the Oversight and Government Reform Committee to review my assessment and take appropriate action.

I assume the Committee will subpoena those who did not come forward and who are responsible regarding years of deceptive, inaccurate, and misleading information regarding the framework of the laws, rules and statues concerning the Janey Ensminger Act, and the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 that stipulated only a thirty year period. 44 45

My assessment is significant to an estimated 750,000 veterans or more, and their family members, who were in fact exposed to more than just common military base chemicals in the drinking water! The Justice Department, and the Federal Bureau of Investigations (FBI), have recently joined the VA inspector general to investigate allegations of obstruction of justice at the VA of which this case is linked, and has resulted in years of delay in my VA appeals. 46 47 48

The inability of government authorities to properly investigate, assist, address or remedy my VA appeals, and my families FTCA claims is unconstitutional. The VA has conceded it will no longer deny disability benefits to Camp Lejeune victims based on ridiculous scientific claims,” Sen. Richard Burr, R-N.C., said. The VA needs to timely grant justice to veterans and their families who were exposed to dangerous contaminates while assigned to Camp Lejeune said Sen. Thom Tillis, R-N.C. 49 50

I respectfully request assistance and resolution in this matter. The Oversight and Government Reform Committee work to take appropriate action. I request judicial review of declaratory relief. Its my duty to protect my families interests and our Constitutional rights, particularly when the current legal process has failed. This is a remedy for reviewing the legality of governmental and public servant conduct. 51 52

You must honor those who served in the armed services and those who continue to defend our freedom. As you will see below, this case has gone on for years, not months, and is part of the backlog in the Department of Veteran Affairs. I have earned the trust and respect of many senior government officials and we shouldn’t have to wait any longer for reimbursements or benefits owed. (emphasis added)

The following documentation will outline the issues at hand, document the available facts and analysis, and provide a time line of my efforts thus far. Additional substantiating information is provided in visual slide format. All source documents have been retained.

Thank you for your consideration in this matter, and it is my sincere hope that together we can bring all pertinent facts to light and ensure that all affected parties are properly acknowledged.

A prompt response letter is both appreciated and expected. If you have any questions please contact me.

Sincerely,

Peter K. Brannon

Enclosure

cc: U.S. Senate Committee on the Judiciary Chairman Chuck Grassley

U.S. House Committee on Veterans Affairs Chairman Jeff Miller

U.S. Senate Committee on Veterans Affairs Chairman Johnny Isakson

Executive Summary

The issue of water contamination at Camp Lejeune due to volatile organic compounds (VOC) is well documented, and action has been taken to assist military personnel and families affected. This action derives from the “Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012,” and the associated medical matters section of the act (Title I), known separately as the “Janey Ensminger Act.”

As tragic as the issue has been for those involved, it addresses only a fraction of the time period, scope, and level of risk truly faced by service members and families who lived at or near Camp Lejeune (CLNC). The Janey Ensminger Act applies only to 15 specific maladies experienced by people assigned to Camp Lejeune during a 30-year period between 1957 and 1987, due to findings that these maladies were linkable to the water contamination, which ostensibly occurred only during these years.

In addition to the proven documented causes addressed by Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012, numerous other more dangerous vectors were present during and beyond that 30-year period, until at least 2012 and possibly the present. Ample documentation of these carcinogenic vectors exists in public record and on-line, but none of them appear to have been publicly acknowledged in relation to abnormal rates of auto-immune thyroid cancers and birth defects among Camp Lejeune residents.

The remainder of this document will describe and categorically document those vectors, remediation efforts or the lack thereof, and findings which point to systematic attempts to obscure evidence of environmental and health hazards while concurrently failing to disclose them properly. This assessment reliably demonstrates that:

1. As a former US Marine, my family and I both were exposed to various harmful environmental vectors not currently known by the public, and not in a combat zone, but in the assigned housing area (Tarawa Terrace) and surrounding on-post environs. As a result of these conditions, I and all of my dependents have contracted the same specific or related maladies at nearly the same time.

2. These conditions were known to the Department of the Army, Navy and Marine Corps at the time and have been documented as hazards and violations both at the time of my exposure and since that time.

3. Protracted inability to file legal cases over the past six years regarding the illnesses and conditions of my family and myself, is due to known federal legislative / political, judicial interference of filing as a result of exposure to the contaminates at CLNC.

4. Attempt to seek redress for all of our losses from Department of Navy and Marine Corps as the primary responsible party for not allowing any litigation to go forward remains unsuccessful.

5. While I am prevented by yet another poorly written law called the Feres Doctrine, from seeking recompense for this negligent, or perhaps willful, exposure to hazardous conditions, my dependents are not similarly prohibited! Attempts to pursue legal remedy have thus far been ineffective due to now known political influence, and attorneys who did not do the right thing, have been apprised that there is a reluctance to elevate this issue at a much higher level to consider this matter…the American people!

6. Reliable documentation I have compiled dating from the period of my exposure up to the very recent past indicate an ongoing and documented situation, which has remained uncorrected up to the present, and incontrovertible evidence points to either gross mishandling or blatant attempts at concealment and deceptive measures, especially from an environmental perspective.

7. The impacts to myself and my family notwithstanding, this situation represents an ongoing public health hazard which has and will continue to affect thousands of U.S. Navy and Marines, their dependents, and civilian personnel in the guise of serious health impacts, including terminal illness, premature death and or birth defects as experienced by my son. To date, no comprehensive remediation has been conducted, nor does it appear from the documentation I have compiled that any comprehensive solution has or will be attempted.

8. I have attempted to remedy this situation concerning the wrong information within the Janey Ensminger Act and the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 stipulation only the period of from January 1, 1957 to December 31, 1987. This wrongly passed legislation signed by President Barrack Obama “Caring for Camp Lejeune Veterans Act of 2009 (S. 1518) through means of documented regulatory reporting and attempted litigation, but have been rebuffed in some manner at every avenue.

9. Nearly one thousand in-ground radioactive (carcinogenic) hazardous waste sites sit directly over the fresh water portion of both the Castle Hayne, and Tarawa Terrace water aquifers, and some are documented on top of water lines and very near water wells, never previously mentioned in any ATSDR report to date! Many of these sites are on Tarawa Terrace, Holcomb Blvd. and Hadnot Point, Camp Johnson area.

10. Evidence reveals Hillary Clinton made large sums of money targeting cold war environmental Superfund cleanup sites, which is directly linked to both the Camp Lejeune scandal, and the Veterans Administration scandal, which she stated is not a widespread problem. 53 54 55 56

11. Documented and abandoned dangerous Highly Enriched Uranium (HEU) by-product (Radium 226) alpha/gamma ionizing radiation exposures from luminescent naval ship deck markers littered the public areas of Onslow Beach. 57

12. Open-source reporting revealed previous Camp Lejeune Air Station UH-1 helicopters were fixed with the U.S. Army’s prototype Ultra Low Volume (ULV) Tactical Herbicide Spraying System, namely the (AA 45Y-1) Agent Orange Defoliant Dispenser, which sprayed large quantities of Agent Orange and Agent White (a more potent herbicide) on Camp Lejeune, at least in 1971. 58

13. Multiple EPA violations occurred concerning eighteen (18) years of airborne contamination releases, specifically incinerated radioactive medical waste constituents combined with dioxin (TCDD) generated by the U.S. Naval Hospital incinerator stack on Brewster Blvd. Independent and validated EPA approved AERMOD / Screen 3 analysis conducted clearly demonstrates releases of Dioxin 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD), which is the single most dangerous carcinogenic compound chemical known to man kind, combined with plumes of I-131 Radioactive airborne particulate matter through accidental medical waste incinerations over Tarawa Terrace during 1989-1991 time frame. 59 60 61

14. The General Electric (GE)- Hitachi Global Uranium Hexafluoride (UF6) Enrichment Plant admitted potential harm to Camp Lejeune, and surrounding population for forty (40) years of documented environmental dangers of Uranium Hexafluoride affecting Camp Lejeune from nearby Castle Hayne, NC, Global Nuclear Fuels-Americas, LLC; “the radioactive dose factors for the Camp Lejeune population is within 50 miles and subject to annual Radioactive atmospheric incidents and inhaled radionuclide releases have been documented over Camp Lejeune. The release of radioactive material to the air and water from the GE- facility represents a potential negative impact on the health and safety of the surrounding population. 62 63

I have proven that the defendant’s negligence caused my injuries and my families injuries. In negligence law, there are two types of causation: (1) “cause in fact”; and (2) “proximate cause.” As plaintiffs, we initiated lawsuits under Federal Tort Claims Act (FTCA) by filing a pleading describing our complaint with the defendant named in the pleading. I have a personal interest in the Camp Lejeune Water Contamination tragedy which has been politically and illegally interfered with. According to Va. Code §16.1-77, we have an active civil case which involves amounts much greater than $25,000,000 and are within the exclusive jurisdiction of the circuit courts.

To help ensure that I have included all of the necessary information on my families Standard Form 95’s, and the fact the defendant (U.S. Navy) has failed to rule or deny our administrative claims, I request to go ahead with our lawsuit based on the fact I have patiently gone through the process and procedures, which has “exhausted our administrative remedies”. According to 10 CFR 1040.89-13, an aggrieved party may file a civil action following the exhaustion of administrative remedies. By law we are eligible to file a lawsuit in court to pursue money damages from the government. 64

My family and I are plaintiffs because we filed civil suits. I request proper representation by counsel for my family and I who are victims. In substitute for inadequate legal representation and a class and representative action and on behalf of public-interest intervention in the Camp Lejeune Water Contamination case, I argue that constitutional law dictates that lawyers and the courts cannot deprive the expertise, experience, or evidence previously provided by subject matter experts, such as myself, my colleagues, and key medical professionals under the following authority. 65

Based on the law, after my families administrative claims (SF-95s) were filed, and the U.S Navy must deny it in writing before a suit against the United States can be filed in district court. The U.S Navy did not act upon our claims within six months, and as the plaintiffs we can now proceed to bring the federal claim in court see 28 U.S.C. § 2675(a), because the administrative claims we filed are still active, and not denied outright by the U.S.Navy. Based on their inaction our tort claims must be “fully filed” in federal district court. 66

On a equal note, the executive, judicial and legislative branches of our government should not have haphazardly listen to two individuals who are clearly not qualified, and by standards are not subject matter experts. Additionally, they do not have a technical and analytical background, and have inadequately led the political establishment and the media down a deceptive rabbit hole that eventually led lawmakers to pass legislation President Obama signed documenting the wrong time line and constituents outlined in the “Janey Ensminger Act” and the “Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012. (emphasis added)

As a result of President Obama’s continuing policy failures, intervention, and meddling in the 11th Circuit and Supreme Court proceedings have undermined my families constitutional rights in seeking justice in this matter. 67 68

With a projected $86 billion dollar tab owed to Marine Corps veterans and their families, its obvious why they made their decision, which is why a petition must inform twenty two million veterans and the American people, to demand the “Janey Ensminger Act” and the “Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 be repealed and replaced.

Research reveals President Obama received campaign finance contributions in 2012 from AMEC, and its newly acquired business component MACTEC who evidently received $200 million dollars to conduct radioactive clean up efforts at Camp Lejeune in 2012 before the Naval Facilities Engineering Command (NAVFAC), the United States Navy’s engineering command built infrastructure over it.

Below are others who evidently AMEC provided finance contributions too: 69 70

(2002) – Senator Elizabeth Dole (D)

(2004) – Senator John Kerry (D)

(2010) – Congressman Brad Miller (D);

North Carolina a former chairman of the Investigations and Oversight Subcommittee of the House Science Committee concerning contamination of drinking water at Camp Lejeune, North Carolina, by various chemicals over a 30-year period; and delay and obstruction of assessments of public health effects of chemical exposure under the Environmental Protection Agency’s Integrated Risk Information System (IRIS). 71

The motion on part of Congressmen Wittman not providing my evidence to wanting House and Senate members, per my request, and attorneys who lacked the will to assist my family is beyond believe , unconstitutional and inappropriate! How ironic, the VA, the defendants, and Congressman Wittman, didn’t even challenge my evidence, assuming it accompanied both Congressional inquiries. I can’t believe that General Dunford appointed Representative Robert J. Wittman, as an Honorary Marine for his apparent “unyielding support and devotion to the Corps and our Country”. 72

Request the oversight committee investigate and subpoena those involved and request the courts take action on behalf of my family. I request authorities provide judicial notice and transfer our case to appropriate trustworthy representation based on the facts and merits in the case.

This is particularly appropriate given that my complaint relies on clear and convincing evidence that was evidently not provided in previous court proceedings or testimony. Under the Constitution this case must be brought before courts and accepted for review by examining its justiciability. “In violation of the First, let alone the Fifth and Fourteenth Amendments”, I argue that my action must not be barred from adjudication under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680, pursuant to Feres v. United States, 340 U.S. 135, 146, 71 S.Ct. 153, 95 L.Ed. 152 (1950). 73

In review, the courts must address the merits in which I have provided based on judicial doctrines.(1) My family and I are plaintiffs, (2) there is adversity between parties involved which is not being addressed, (3) there is substance of the issues in the case, and (4) the timing of the case. 74

I am emphasizing key facts in this case which are deemed extremely important. As determined by the Disabled American Veterans National Appeals Office in Washington DC, there is no irregularity towards the analysis of my assessment, and it shouldn’t be difficult for the Committees or the courts, to quickly determine the truth based on evidence I have provided.

Congress has the authority to pass laws that override only the prudential limits of judicial review. President Obama, and the Supreme Court have insulated the 11th Circuit court from congressional influence in all areas of justiciability. This doctrine is standing and covers my family which again, are plaintiffs in the case. In addition, the President’s actions are out of bounds and vastly exceed his executive authority. (emphasis added)

This is yet another example and attempt to bypass the American people, their elected representatives, and the Constitution itself. The President’s approach on this matter undermines the foundation of our democracy. The Committee must conduct vigorous oversight and shine a bright illuminating flare on this issue. (emphasis added)

To reach such a determination the court has to use several general rules. These rules require that my family and I have in fact suffered an actual or threatened injury; and that the case alleges a sufficient connection (or nexus) between the injury and the defendant’s action; and that the injury can be redressed by a favorable decision; and that the plaintiff neither brings a generalized grievance nor represents a third party as witnessed by the Disabled American Veterans Senior National Appeals Officer in Washington DC documented his response on January 21, 2015.

Identified Violations of the Law

The fourth concern of tests for justiciability, the timing of the case, which is evaluated under the concepts of ripeness and mootness. The ripeness doctrine holds that this case is justiciable because “the harm asserted has most definitely matured sufficiently to warrant judicial intervention. The mootness doctrine prevents “any court”, including the 11th Circuit court from addressing issues that are hypothetical or dead, however, it can when laws were purposefully designed to mitigate the extent of environmental damage, and harm that has occurred from it! 75

I assure you that this is not a moot point, because the courts were not presented with all the facts in the case that renders the alleged wrong, and it continues to exist. The Supreme Court must also review this case in a timely fashion due to existing public health and safety concerns, and reverse the 11th Circuit courts decision, man-up, and challenge the defendants on the new facts in the case.

Here’s what I know, which is extremely important, the American Public was deceptively told (36) years ago by the media that VOCs (chemicals) was the contamination of issue, when in fact, other more dangerous contaminates was present, and clearly was the predominate cause of most if not everyones health issues experienced at Camp Lejeune military base.

The facts in this case must not lead the legal establishment to despair of reaching a unified analysis of justiciability. The courts will find this case is justiciable when they see and hear all the facts in the case, and not refuse to find it justiciable when the 11th Circuit has decided they do not wish to hear it! 76

Identified Violations of the Law

Having an attorney who was suppose to represent my family was a necessary element of due process, yet that too was politically squelched. Under the provisions of Executive Order 12088 -each agency shall cooperate and ensure that all necessary actions are taken to assist under Federal compliance with standards. 77

The following are identified violations of the law which is linked to the framework of the “Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012,” and the associated medical matters section of the act (Title I), known separately as the Janey Ensminger Act:

Violation of Article II, Section 4

Standards for Impeachment state: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors”. 78

Violation of the Clean Water Act (CWA) 33 U.S.C. § 1319(1), the (Superfund) or Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) 42 U.S.C. § 9609(d), §9610, and the Clean Air Act Amendments of 1990.

Violation of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. § 4321 et seq.) Requires Federal agencies to examine the environmental effects of major federal actions in an Environmental Impact Statement (EIS), which is a detailed public document that provides an assessment of the potential effects that a major Federal action may have on the human, natural, or cultural environment.

The National Environmental Policy Act is supposed to be a national charter for protection of the environment. It is supposed to establish policy, sets goals, and provides a means for carrying out environmental policy.

The National Environmental Policy Act mandates that Federal agencies utilize a systematic, interdisciplinary approach to ensure the integrated use of the natural and social sciences and the environmental design arts in planning and decision making which may have an impact on man’s environment. However it does not mandate it propose numerous radiological waste sites on Camp Lejeune as “archaeological sites.”

  • If the U.S. Navy and Marine Corps is required to provide all environmental information be made available to decision makers and U.S. citizens before making their decisions to cover-up the contamination, then they should have taken their own advise before capitalizing on major Federal (funding) actions to put this issue behind them. The Department of the Navy should have informed you and the American people with the truth about the additional contamination in question, and over $10 Billion tax dollars used to cover it up from the Freedom Highway project at Camp Geiger to Hadnot Point.

  • Violation of the John Warner National Defense Authorization Act for FY 2007

Congress mandated in Public Law 109-364, the John Warner National Defense Authorization Act for FY 2007, that the Secretary of the Navy enter into an agreement with the National Academy of Sciences (NAS) to examine whether adverse health effects are associated with past contamination of the water supply at Camp Lejeune. The Marine Corps evidently failed to adhere to their Leadership Principles by taking the lead to correct this issue, and share all the facts in the case with their Marines, the NAS, the VA, and the American people. 79

  • Violation of Title 38, United States Code

  • Directs the Secretary of Veterans Affairs to establish a presumption of service connection for illnesses associated with contaminants in the water supply at Marine Corps Base Camp Lejeune, North Carolina, and to provide health care to family members of veterans who lived at Camp Lejeune while the water was contaminated. 80 81

  • Violation of the False Claims Act (FCA) 31 U.S.C. §§ 3729.

  • Violation of the National Historic Preservation Act (16 USC. 470 [f])

The National Historic Preservation Act requires Federal agencies to allow the Advisory Council on Historic Preservation an opportunity to comment whenever their undertakings may affect resources that are listed, or determined eligible for listing, on the National Register of Historic Places.

The National Historic Preservation Act also requires Federal agencies to identify, evaluate, inventory, and protect National Register of Historic Places resources (or resources that are determined eligible for listing on the National Register of Historic Places) on properties that they control.

The governor of each state or territory must appoint a State Historic Preservation Officer who is responsible for administering cultural resources programs within a given jurisdiction. Prior to the approval of an expenditure of any Federal funds or the approval of any Federal licenses or permits for an undertaking that may affect a National Register of Historic Places resource, the Marine Corps must initiate consultation procedures with the respective State Historic Preservation Officer(s) in accordance with National Historic Preservation Act.

Evidence clearly suggests the US Navy and US Marine Corps did not inform the American Public or these organizations of the numerous nuclear / radiological waste sites on Camp Lejeune archaeological sites.

This in of its self constitutes disciplinary action of those responsible for generating falsified details in both the Janey Ensminger Act and the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 stipulation only the period of from January 1, 1957 to December 31, 1987.

Violation of the Toxin and Control Act- 15 U.S. Code Chapter 53, Sub-chapter I -Control of Toxic Substances.

Violation of the a deprivation of a constitutionally protected or other federally protected right in and of itself establishes both injury and damages.” e.g. Samso’s of Ohio, Inc. v. City Counsel of Toledo, 466 F. Supp. 177, 181 (N.D. Ohio 1979).

Personal humiliation, embarrassment, and mental distress imposed as a result of the deprivation of constitutional rights are injuries whose redress is considered compensatory- see Baski v. Parker, 588 F.2d 965, 970 (5th Cir. 1979).

  • These dangerous conditions were known to the Department of the Navy and Marine Corps at the time, and have been documented as hazards and violations both at the time of my exposure, and since that time, which at minimum violated of the Clean Air Act and Clean Water Act due to criminal negligence 33 U.S.C. § 1319(1) and violations of CERCLA Superfund 42 U.S.C. § 9609(d). 82 83 84 85

Violation of the Toxic Exposure Research Act of 2015 (S. 901) 86

Violation of CERCLA – (Criminal) 87

Section 103 (b) – Failure to provide immediate notice of hazardous release, up to (3 yrs.) imprisonment (up to 5 yrs. for repeat offenders).

Section 103 (c) – Knowing failure to notify EPA of hazardous material treatment, storage, disposal. $10,000 fine, 1 yr imprisonment.

Section 103 (d) – Falsifying/destroying records (knowingly) up to (3) yrs imprisonment (up to 5 yrs. for repeat offenders).88

Violation of CERCLA – (Civil)

Section 104(e)(5) – Failure to comply with 104 orders (entry, inspection). $25,000/day (max).

Section 106 (b)(1) – Failure to comply with EPA imminent/substantial endangerment orders. $25,000/day(max).

Section 107 (c)(3) – Failure to comply with EPA order sunder sections 104 & 106. Punitive damages, equal to or up to 3 times (max.) government costs incurred (amount varies)

Section 109 (a) – CERCLA non-compliance – EPA administrative penalty (class 1) $25,000 (max.).

Section 109(b)- CERCLA non-compliance (continuing). EPA administrative penalty (class II). $25,000/day max. $75,000/day max. second and subsequent violations.89

Section 109 (c)- CERCLA non-compliance. $25,000/day max. $75,000/day max. second and subsequent violations.90

Pursuant to 28 USC §§ 1346(b), 2671-2680, the Federal Tort Claims Act prescribes a process or uniform procedure for handling of claims against the United States, for money damages only, on account of damage to or loss of property, or personal injury or death, caused by the negligent or wrongful act or omission of a Government employee while acting within the scope of his or her office or employment, under circumstances where the United States, if a private person, would be liable in accordance with the law of the place where the act or omission occurred. The United States government is liable for the operations of federal agency components and its employees found in 28 USC § 2671.

My families claims against the United States, are linked to negligent and wrongful acts of omission of employees of the Department of Navy, Marine Corps, and the Department of Veterans Affairs acting within their authorities of their employment, were signed and filed by each injured person of my family including myself, in the present of a legal representative and employee of a South Carolina Law Firm using Standard Form 95 (SF-95) claims for damage and injury; which is mandatory and all requirements were met including all signatures of my family, which was sufficient information to investigate the allegations.

We completed and signed claims and they were documented and approx. two weeks later were sent to the Department of the Navy for processing. In addition, two Congressional inquiries were sent to the Department of Veterans Affairs, and the Department of the Navy with accompanying evidence and response replies were made only by the Marine Corps. Our tort claims were filed within two years of the date the claim accrued. The JAG did in fact receive the completed claim forms within two years of our injuries, which gave rise to the claim, and ran from the time when we knew or should have known of our injuries. 91

Additional Rules and Laws which have been violated:

Setting aside any civil rights violations, some officials have committed extensive violations of law. I allege the following rules and laws have been committed or violated:

Environmental Misconduct

Pollution and hazardous waste violations pertaining to the ecosystem (i.e., violations of the Clean Water Act, Clean Air Act, etc.)

Ethics Violations

Conflict of interest and ethics instances ( i.e., bribery, kickbacks, Procurement Integrity Act violations.

Government Contract Fraud

False statements and false claims submitted to the government in the course of a contract (i.e., False Claims Act, product substitution, (false testing) includes covering up radiological waste sites under guise of archaeological sites.

Health Act Violations

Acts that have and continue to threaten the health of the general public i.e. Onslow Beach

I. Our Story

My name is Peter Brannon. I am a Marine and a victim of thyroid cancer (2008). My wife is a victim of thyroid cancer (2006). My father-in-law is a victim of thyroid cancer (2007). My youngest son was born at Camp Lejeune and was a victim of birth defects (1990).

Being a Marine was my life’s ambition. Growing up in a small rural community in northern West Virginia, I was filled with a deep sense of pride in my American heritage and humbled by the sacrifices of our Founding Fathers and those in the Marine uniform who kept our great Nation safe.

Shortly after graduating high school, I joined, as others had before me, a brotherhood – a brotherhood of patriots and selfless servants dedicated to ensuring the safety and welfare of the United States. In 1977, I became a Marine.

From 1979 through 1980, I was stationed at Camp Lejeune, living and working as a young Marine at Hadnot Point.

In 1983, my life became complete when I married my hometown sweetheart. She was the epitome of a Marine wife – caring, strong, devoted, and supportive. She deftly managed the house, bills, repairs, and loneliness while I was deployed. She wasn’t just my wife – she was a Marine wife. She was a part of the same Marine family of the thousands before her. We loved the Corps and we loved each other.

In 1989 I received orders assigning me back to Camp Lejeune. With my growing family, I moved back to Camp Lejeune and was assigned housing – 818 Inchon St. Tarawa Terrace.

Throughout the years we lived there, I was deployed on numerous occasions. My wife, the Marine wife she was, handled all that life threw at her. She was a “single-parent,” raising our 3-year-old son.

During my longer deployments, her father would come and stay, keeping her company and helping around the house.

In 1990, we were blessed with a second child. He was born at the Naval Hospital on Camp Lejeune on Brewster Blvd, and my Marine family was now four. Our life was blossoming with our two sons and we made close friends with the other families living in Tarawa Terrace.

Our youngest sons birth, however, was not typical. He was diagnosed with a high upper palate and “asthma” at birth. He had difficulty breathing and sleeping, necessitating that my wife keep vigil during every night. Doctors prescribed a continuing source of albuterol, administered through a portable nebulizer inhaler machine. Daily he depended on this device to breathe.

Because of his high upper palate compounded with severe breathing problems, he was unable to speak effectively and began aggressive speech therapy for the next eight years.

In 1997, I left active service stronger, wiser, and grateful for the opportunity to serve with the nation’s best. As my family and I began a new chapter in our lives, we were comforted in having known great Marines and their families, and strengthened by our lifelong bond with the Corps.

In December 2006, my beautiful wife of 23 years was diagnosed with thyroid cancer and autoimmune thyroid disease. We were crushed – I was destroyed. All I could think of is all the years I protected our Country, and that I couldn’t protect the one person in my life I loved the most. The doctors said she had been sick for several years, and they needed to work quickly. She underwent surgery, radiation therapy, and is surviving through the grace of God.

Although she nearly passed away twice in 2007 because of complications, she has been spared, but will take medication each day for the rest of her life.

Ironically, in 2007, her father was diagnosed with thyroid cancer. Just recovering from her own illness, my wife was now forced to relive it, and the possibility of her father’s death. He underwent numerous surgeries, radiation therapy, and like his daughter will also take medication for the rest of his life.

After my wife was treated, I agreed to a precautionary medical screening for my children and myself. My tests included x-rays, MRIs, CAT scans, and sonograms, and in early 2008, I too was diagnosed with thyroid cancer and autoimmune thyroid disease. Our emotional roller-coaster began anew. My wife and I faced our own mortality as our children faced the possibility of losing both parents, and we forged a reborn strength and love for one another, vowing to fight our affliction as a family.

I underwent the same surgeries, radiation therapy, and medication as my wife and her father. Although the most recent tests appear no worse than before, we continue to live under a cloud of cancer and what it may portend.

Our collective situation confounded our surgeons, oncologists, and other doctors. None had ever seen a family stricken with the same cancer variant all at the same time, which occurred concurrent with our son’s birth defects. Noting the rarity of such a circumstance, they asked if we shared any commonalities that would explain such a thing. I quickly looked at my wife, the only location the four of us had in common – Camp Lejeune.

I quickly became aware of the ground water contamination issue at Camp Lejeune, but was dismayed to find that the Agency for Toxic Substances & Disease Registry (ATSDR) sent letters in 1999 to previous residents who met criteria for an established survey, identified through health and housing records, and a database of former residents apparently compiled with cooperation from the US Marine Corps.

In March 2001, Headquarters, Marine Corps received additional records from Camp Lejeune Naval Hospital in an effort to locate potential survey participants. In October 2007, the U.S. Senate approved a defense authorization bill to provide the Secretary of the Navy authority to notify Camp Lejeune residents and workers that they may have been exposed to contaminated drinking water. During none of these outreach efforts was I notified. Instead, I became aware my family’s probable exposure only years later, following diagnosis, and through my own research.

Subsequent research and discussions with medical professionals revealed several facts regarding thyroid cancer:

In 2007-2008, it had an incidence rate among the U.S. population of approximately .01%, or approximately 12 cases per 100,000 people. This explained my doctors’ bewilderment at three people in the same family diagnosed with the same thyroid cancers within a two year period!

In addition to a known causal relationship between nuclear radiation and thyroid cancer, relationship between increased thyroid malignancies and exposure to dioxin was noted in the Journal of Epidemiology as early as 1993. Exposure of my family and me to both vectors at Camp Lejeune helps to explain the statistically improbable case of multiple family members being afflicted with a relatively rare form of cancer.

The latency period between radiation exposure and presentation of symptoms is currently held by the medical profession to be at least 10 to 15 years, based on Chernobyl cases of exposure to varying levels of radioactive contamination which Camp Lejeune case mirrors.

Since my diagnosis and the findings of my research into Camp Lejeune contamination issues, I have requested a reevaluation of my Veterans Administration disability rating, in light of new information. My efforts have thus far been unsuccessful, despite multiple resubmissions of documentation establishing my condition and my qualifying periods of service at Camp Lejeune. Reasons given include:

Not having a qualifying period of service in the prescribed time-frame of contamination per the Janey Ensminger Act, despite producing service records to the contrary; and

On Jan 6, 2014 the VA requested a pulmonary function examination. However, the same letter states that no further examination was warranted for my issue. It is beyond belief after many years of honorable active duty service the VA would make unsubstantiated statement in a Congressional response letters stating that I happen to have a lack of qualifying period service at Camp Lejeune to concede exposure.

The VA made the determination of not qualifying me for service at Camp Lejeune because they failed to see that I served this nation, not once, but twice, on two separate occasions. (emphasis added)

On Nov 20, 2014, I received another letter from the VA via Congressman Wittman’s office in connection with my current claim stating that it does not constitute new and material evidence, because the evidence does not relate to an established fact to substantiate my claim, and does not raise a reasonable possibility of ever substantiating my claim.

The VA reviewing officers replies suggests a greater need for the Oversight Committee(s) to further investigate the facts provided. The VA has a responsibility to veterans like myself, without submitting terse and laconic letters designed to shutdown my appeal. Those reviewing officers must be held accountable for inappropriate behavior.

If properly reviewed, those officers would find sufficient testimony and incontrovertible evidence which counters their inappropriate comments. The Disabled American Veterans Senior National Appeals Officer in Washington DC, has reviewed the evidence and counters the reviewing officers self-serving statements which does in fact substantiates my claim. It was completely wrong for the VA to assert that documented radiation and dioxin exposure on and around Camp Lejeune does not represent new or compelling information! (emphasis added)

I am unfairly prevented by the Feres Doctrine from seeking additional settlement for damages from the U.S. government for events which occurred as part of my military service; however, my family is not constrained by the Feres Doctrine. But efforts to pursue legal remedy through a law firm have proven equally fruitless, as they have been unable to file necessary legal motions for the following cases to be heard. JAG# 102025 (file no. 16000.0073); JAG# 102126 (file no. 16000.0074); JAG# 102128 (file no. 16000.0075); and JAG# 102127 (file no. 16000.0076).

According to various sources this inability stems from the fact that the Department of Navy Judge Advocate General (JAG) is “not accepting further litigation on Camp Lejeune contamination issues.”I am not a subject-matter expert on the federal legal system, but I was extremely surprised at the suggestion that a U.S. Government Agency, demonstrably at fault for putting its personnel and families at grave risk over a long and possibly continuing period of time, could actually choose whether or not it wanted to have a lawsuit brought against it! (emphasis added)

The US Navy and US Marine Corps should have previously identified the waste disposal areas at Camp Lejeune because they only identified seventy six (76) and designated twenty-two (22) sites as potential threat to public health and the environment when they should have revealed it all.

The Marine Corps, the State of North Carolina, and EPA officials evidently were either not informed or they made a political deal, because they all negotiated an Inter-agency Agreement under CERCLA Section 120 for oversight of all activities at Camp Lejeune Military Reservation. 92

Proceeding to the next level in seeking redress for my grievance, I contacted the office of my Congressman, the Honorable Rob Wittman of Virginia’s 1st District. I met with the Congressman on August 6, 2013 (among witnesses) and provided him with a (45 min) briefing and much of the initial evidence found in the rest of this document.

I presumed Representative Wittman’s affiliation with the House Armed Services Committee and the Committee on Natural Resources, as well as his outspoken advocacy for veterans would provide the necessary clout to reach the answers and results that had eluded me.

I was disappointed to receive a copy of the response to Wittmans congressional inquiry from the Deputy, Legislative Assistant to the Commandant of the Marine Corps (Col Bew) six months after the required response time to a congressional inquiry. It restated a few (but not all) of the known facts regarding historical radiological contamination incidents at Camp Lejeune, then discussed groundwater contamination issues and remediation in more depth, finishing with legislative and claims resources available for those affected by the Camp Lejeune water contamination issue. From this response, it was apparent that the respondent had not reviewed any of the evidence I provided to the Congressman, or had reviewed but dismissed it! (emphasis added)

At present, I have exhausted all procedural and legal-system options at my disposal, without results. My wife and I continue to live with our diagnosis and the financial and emotional hardships imposed by that reality, as do my children, and father-in-law. The regulations, oversight, agencies, and representation, which exist to protect each American citizen from harm by omission or commission of the representative government, have all failed to do so in this case.

As the following evidence illustrates, it is unlikely that my family has been the only affected family, as many of our neighbors are known to have the same health issues.

Many families supposedly achieved a minor victory with the passage of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 / Janey Ensminger Act, if one can consider a partial and decades-late response to the death and affliction of family members a “victory” in any sense of the word.

The issue at hand, however, is that the narrow scope of maladies and eligible window of time of that Act exclude a greater number (3,700) of military families who were if fact exposed to more deadly contamination over a longer period of time in the same locations.

By failing to address all issues, other than that of VOC in groundwater, and an expanded window of exposure, the U.S. government is continuing to rob me, my family, and other veterans of full compensation, health care and acknowledgement of their conditions that is warranted.

II. Disabled American Veterans (DAV) Senior National Appeals Officers (2015) Notice of Disagreement with the Veterans Administration (VA)

The Disabled American Veterans Senior National Appeals Officer in Washington DC documented his response on January 21, 2015 which documented the following:

The veteran [Peter K. Brannon] disagrees with the February 11, and November 19, 2014 rating decision that continues to deny the benefit sought.

Issue of Contention – Entitlement to service connection for residuals of thyroid cancer as due to the environmental hazard exposure., to include the question of whether new and material evidence has been received in order to review the case on the merits?

Facts – Mr. Brannon has served honorably on active duty in the United States Marine Corps (Marines) from June 1977 to April 1983, and again from April 1989 to April 1997, including documented service at Camp Lejeune, North Carolina (CLNC).

Mr. Brannon provided a medical opinion from Dr. Jennifer Tseng of the Anderson Cancer Center, dated in September 2008, [and Dr. Victor Harding 2009] confirming his diagnosis and opining that there was a known link between radiation exposure and thyroid (and other) cancers. Rating action of July 2010 denied service connection for the thyroid disorder.

The veteran timely disagreed, and on November 16, 2012, a Statement of the Case (SOC) was prepared and provided to him. Since the SOC was prepared more than a year after the original decision, the veteran was afforded 60 days, until January 16, 2013, to substantiate the appeal.

In a substantive appeal signed by the veteran on January 11, 2015, and date stamped as received by the VA on January 28, 2013. The envelop with the postal stamp was not maintained. VA (wrongly) determined the substantive appeal was untimely and accepted it as a claim to reopen, but does not appear to have accurately documented the time frame for submission. Martin Luther King (MLK) Day is a Federal Holiday. In 2013 MLK Day was Monday January 21st.

In September 2013, additional evidence was received from the veteran [Peter K. Brannon] and associated with electronic files. The evidence does clearly document the use of aerial herbicides at CLNC in 1970 and 1971. [U.S. Army’s Prototype (Agent Orange) Ultra Low Volume (ULV) Tactical Herbicide Spraying Apparatuses, namely the (AA 45Y-1) Agent Orange Defoliant Dispenser which actually sprayed large quantities of Agent Orange and Agent White (more potent Herbicide) over 500 acres on Camp Lejeune in 1971]. 93

It additionally contains a certification dated in June 2013 from Dr. Andrew Ralowitz, PhD, a specialist in Agronomy & Plant Genetics; Soils, Water and Engineering (SWE). Dr. Ralowitz goes into detail to explain not only his professional competence and background to proffer the endorsement, but also details Mr. Brannon’s experience and expertise to have developed the evidence. Dr. Ralowitz then discusses how he vetted the information from the veteran, and concludes with the summary:

I assess that Mr. Brannon’s work absolutely meets the national standard for spatial data accuracy, which is a methodology to estimate the positional accuracy of points on maps and in digital geospatial data, with respect to Geo-referenced ground positions of higher accuracy.

It is therefore, my professional opinion that the above features depict accurate geographic positions of dumps sites, and that these dump sites are very near- water wells located on Camp Lejeune, N.C. Finally, the Google earth images clearly demonstrate that the waste dumps at those particular geographic locations have been significantly altered by man since 1993.

The February 2014 rating decision continued to wrongly deny the claim for lack of new and material evidence, and (wrongly) declared: “We did not find that you participated in a radiation risk activity while in service”. Initially Mr. Brannon notes that the question of whether his January 2013 substantive appeal was timely received must be fully addressed. Computation of time limit for filing the substantive appeal is addressed in 38 CFR 20.305 Rule 305.

(a) Acceptance of postmark date. When these Rules require that any written document be filed within a specified period of time, a response postmarked prior to expiration of the applicable time limit will be accepted as having been timely filed. In the event that the postmark is not of record, the postmark date will be presumed to be five days prior to the date of receipt of the document by the Department of Veterans Affairs. In calculating this 5 day period, Saturdays, Sundays and legal holidays will be executed.

Mr. Brannon signed his substantive appeal on January 11, 2013, it was accompanied by a (Friday) January 25, 2013, cover letter by his representative, and the VA date stamped it as having been received on (Monday) January 28, 2013. we assert that the document was given to the VA on the 25th, however, the AOJ did not date stamp it until the following Monday, and failed to keep the envelope with the postal mark, triggering consideration of the postmark date being presumed to have been five days prior to the date of receipt. Id.

The appellant argues that when removing the weekend and holiday (MLK) Day), his substantive appeal was timely received. Alternatively, however, he does recognize that the initial issue to be addressed by the VA will be whether new and material evidence has been submitted in order to reconsider the previously denied claim based on the merits, and then, if the case is re-opened, whether service connection is warranted.

Subsequent to the original July 2010 denial the veteran has submitted documentation that herbicides were in fact used at CLNC, and has submitted the statement form Dr. Ralowitz Ph.D confirming Mr. Brannon’s research methods and results. Notably, evidence is presumed credible for the purpose of determining whether new and material evidence has been presented. Fortuck v. Principi, 17 Vet.App.173, 179 (2003); Justus v. Principi, 3 Vet. App.510,512-13 (1992).

Mr. Brannon seeks a grant of service connection connotes many factors but basically it means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces, or if preexisting such service, was aggravated therein. This may be accomplished by affirmatively showing inception or aggravation during service or through the application of statutory presumptions.

Each disabling condition shown by a veterans service records, or for which he seeks a service connection must be considered on the basis of the places, types and circumstances of his service as shown by service records, the official history of each organization in which he served, his medical records and all pertinent medical and lay evidence. Determinations as to service connection will be based on review of the entire evidence of record, with due consideration to the policy of the Department of Veterans Affairs to administer the law under a broad and liberal interpretation consistent with the facts in each individual case.

Establishing service connection generally requires: (1) medical evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of in-service inncurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the present disability. McClain v. Nicholson, 21 Vet. App.319 (2007);Kent v. Nicholson, 20 Vet. App. 1 (2006); 38 C.F.R. 3.303(a).

Mr. Brannon (the veteran) has clearly demonstrated that he (and his family) has been diagnosed, treated, and suffers from residuals of thyroid cancer.

He has also clearly demonstrated, through his competent and credible research as endorsed by Dr. Ralowitz PhD that he was in fact exposed to a multitude of carcinogenic pollutants while stationed at CLNC, including the conceded TCE & PCE, as well as (Agent Orange / White) Herbicides and Radioactive waste materials.

Mr. Brannon and Dr. Ralowitz are both Subject Matter Experts (SME) in the field of Geospatial Research and Analysis, and in the absence of an equally qualified expert opposing their findings, the VA must concede the point. He has, therefore, met the initial two criteria for the establishment of service connection on a direct basis. The third criteria, medical evidence linking the two, is found in the original documentation submitted by the veteran in the September 2008 statement from Dr. Tseng and (Dr. Victor Harding).

VA however, sought a medical opinion to address the third criteria, resulting in the June 2010 VAE that declined to resolve the question due to unjustified stated speculation. The Federal Circuit has held that an examiners statement that expresses the inability to come to an opinion ‘provides neither positive nor negative support for service connection. Therefore, it is not pertinent evidence, one way or the other, regarding service connection.” Fagan v. Shinseki, 573 F.3d 1282, 1289 (Fed. Cir.2009).

Similarly, The United States Court of Appeals for Veterans Claims(court) held in McLendon v. Nicholson that the board correctly determined that the existing etiological opinions were speculative and did not establish a medical nexus, but the Board “failed to recognize that these opinions also did not establish that there was no medical nexus.” 20 Vet. App. 70, 85 (2006).

The VA has erred in its decision that accepted the opinion of the VA examiner as unfavorable. In light of the favorable link provided by both Dr. Tseng, (and Dr. Harding) service connection is warranted. In further addressing Mr. Brannon’s case, the VA must consider the well established doctrine of reasonable doubt, as addressed in the provisions of 38 CFR 3.102 and 4.3.

The veteran asserts that the preponderance of evidence is in fact in his favor, or at the very least, is in equipoise. When there is “significant evidence” in support of the claim, if the Board denies the claim, it must provide as adequate explanation as to why the evidence is not in “relative equipoise” so as to warrant application of the benefit-of-the-doubt rule in 38 U.S.C.A. 5107(b). Williams (Willie) v. Brown, 4 Vet. App. 270,273-74 (1993).

DAV Conclusion

For the reasons set forth above, Mr. Brannon submits that the appropriate remedy for this appeal is reversal of the prior decision and grant of all benefits sought! Respectfully submitted, Senior National Appeals Officer, Representative for the Appellants, Disabled American Veterans National Appeals Office, Suite 2E250, I St. 810 Vermont Ave. NW, Washington, DC 20420, dated January 21, 2015.

True History of the Contamination

Evidence collected clearly demonstrates fraud, waste and abuse indicators with a long history of lost documents, mismanagement, and deceptive volatile organic compounds (VOC) lab testings, to include results blaming an off-base dry cleaning company. 94 95 96

1. U.S. Marine Corps and the 2004 (General Hagee) Commandants Panel

In 2009 the U.S. federal government initiated investigations into the allegations of contaminated water and failures by U.S. Marine officials to act on the issue. Marine Corps concealed information about the undisclosed environmental pollution from regulators. The Marine Corps publicly stated they supported the Center for Disease Control (CDC) / Agency for Toxic Substances & Disease Registry (ATSDR) and have given them “full access” to their data so they can seek science-based answers for their former residents and workers stated a Captain Hardesty spokeswoman. She also said “Secrecy would be counterproductive to the mission. 97 98

The Marine Corps publicly stated it “withheld nothing” from the ATSDR. Failure to report is a crime.99 Marine Corps commented Perjury (18 U.S.C.§1621), which gave false testimony—saying or writing something that is not true. A witness under oath commits perjury by making a statement in a court or other proceeding that the witness knows is not true. The statement must be material to the subject of the proceeding, meaning that it must have some relationship to our lawsuit, investigation, or inquiry of the proceeding…and it does! 100 101

The U.S. Marine Corps publicly stated they too remain committed as they said they supported the Center for Disease Control (CDC) / Agency for Toxic Substances & Disease Registry (ATSDR) and had given them “full access” to their data so they can seek science-based answers for their former residents and workers stated a USMC spokeswoman. She said, “Secrecy would be counterproductive to the mission! 102 103 104 105

2. U.S. Navy (NAVFAC) “Master Plan” to grow the force

Research reveals planning efforts to cleanup, and literally cover up all the radiological waste with infrastructure, began with the USMC Commandants panel in 2004. On March 17, 2010, the Secretary of the Navy Ray Mabus told Chairman Miller he has full access to all reports, documentation, and information only concerning volatile organic compounds (VOC), nothing else!

As this report reveals there was intentional misrepresentation, and points to systematic attempts to obscure evidence of environmental and health hazards while concurrently failing to disclose them properly.106 NAVFAC mid-Atlantic division “Master Plan” named the Wallace Creek Regimental Complex sits directly on top of the old Naval medical Field research Laboratory (NMFRL) today which cost tax payers an estimated ten (10) Billion Dollars at Camp Lejeune have built over and covered up documented radiological contaminated waste sites, and some areas were under deceptive remediation efforts in guise of potential archaeological sites. 107

3. Hillary and Bill Clinton’s involvement

There seems to be a continuing pattern of Hillary Clinton making large sums of money from cash that flowed to the Clinton Foundation amid Russian Uranium deals, and dioxin-contaminated soil pollution, and the Camp Lejeune Water Contamination scandal. The Clinton’s earned $28 million in 2014. Some of her money came from Lafarge roughly $31,000. That company was fined $1.8 million dollars by the EPA for pollution in 1992, around the same time frame. The Clinton Administration promptly knocked the EPA fine down to under $600,000 dollars, likely because Hillary Clinton sat on the board of Lafarge. 108 109 110

Ironically enough, President Bill Clinton was the Governor of Arkansas, and ironically approved burning the largest known store of dioxin [Agent Orange sludges] in the U.S.A. in the middle of a residential area in Jacksonville, Arkansas. To appease Jacksonville voters, who had overwhelmingly rejected the burn, Clinton promised to shut down the incinerator if any problems occurred.

After numerous problems, ironically similar to the Camp Lejeune Naval Hospital incinerator violations, EPA’s admission that the incinerator is spewing out 400 times more dioxin than the law allows, Clinton still refused to act. Instead, as President of the United States, he apparently allowed EPA, and state attorneys, to defend the continued dioxin burn despite a federal court ruling that it is illegal and an imminent threat to public health. 111

Research clearly indicates this case directly links Senator Hillary Clinton’s earlier tenure as she was on the: Committee on Environment and Public Works (2001-2009), the Committee on Armed Services in (2003-2009), the Subcommittee on Transportation and Infrastructure, the Subcommittee on Clean Air and Nuclear Safety, and Chaired the Subcommittee on Super-fund and Environmental Health Chairwoman (2007-2009), indicating she would have had direct responsibility for the toll of Superfund Neglect, Toxic Waste Dumps and Communities at Risk and oversight to handle the Camp Lejeune Super-fund site resolution by covering it up with the Wallace Creek “Master Plan Project”. 112

Evidence reveals Senator Hillary Clinton had oversight and influence on the Camp Lejeune Superfund site, as she presided over the Senate hearings with the majority of House Democrats who co-sponsored and authorized funding to Congressman Walter Jones for the planning of the “Master Plan” (NAVFAC)build-out of Tarawa Terrace and the Wallace Creek Regimental Complex at Camp Lejeune. 113

This links Camp Lejeune contamination to Senator Hillary Clinton’s 2008 campaign, which evidently was financed by donors of MACTEC and AMEC and their employees, and companies. All of who actually benefited from legislation ended up with hundreds of millions of dollars in contracts at Camp Lejeune in 2012 to extract and remove nuclear and radiological contamination to include extracting two million yards of radiological materials and soil from Camp Lejeune including my previous residence, Tarawa Terrace.

Solutient Technologies LLC aided in the successful disposition / removal of Radioactive waste materials in 2012 to oversee the removal of two million cubic yards of radioactive waste shipments out of Camp Lejeune.114 115

MACTEC teamed up with RKK Inc. was responsible for conducting preliminary Geo-technical investigations at the NC-24 Access and New Camp Lejeune Base Entry Road to excavate and haul away radiological wastes. 116 117 118 119

AMEC (a British firm) bought MACTEC for $280 million dollars in cash in May 2011, and immediately after, in June 2011, AMEC received 200 Million Dollars for Camp Lejeune Base Entry Road Radioactive Clean up (CLNC) MACTEC provided construction and demolition, nuclear decontamination and decommissioning (D&D), hazmat, remediation, risk mitigation management, and “Radiological Removal Services at Camp Lejeune”. Construction started in 2009 and with expectations to be completed in 2015. MACTEC Project Number: 6225‐09‐499. 120 121 122

Contractors such as MACTEC, AMEC, URS, are linked to Senator Hillary Clinton’s earlier tenure as she chaired the Subcommittee on Super-fund and Environmental Health (2007-2009) having the responsibility to handle the Camp Lejeune contamination resolution and environmental justice. 123

Senator Hillary Clinton served on the Committee on Environment and Public Works (2001-2009), on the Subcommittee on Transportation and Infrastructure and Subcommittee on Clean Air and Nuclear Safety, the Committee on Armed Services in (2003-2009) and she made decisions on the Subcommittee on “Super-fund and Environmental Health” as Chairwoman during the same time decisions were made by the Marine Corps Commandants Panel in 2004, which was later scrutinized by Senator Dole. 124

The Wallace Creek “Master Plan” Project at Camp Lejeune was funded by the 2009 oversight and investigations committee. There were literally thousands of acres of land to build this project on, yet it was built directly on top of where the Naval Medical Field Research Laboratory (NMFRL) was located covering up vast areas containing radioactive waste site experiments. 125

Coincidentally, Congressmen Walter B. Jones was a Member of the House Committees with Congressmen Wittman” and was as on the Armed Services and “Financial Services” who represented Marine Corps Base, Camp Lejeune in Congress. 126

Is it coincidence that the Marine Corps Reserve Association presented Congressman Walter Jones with the prestigious Major Frank M. Tejeda Leadership Award, and the Commandant of the Marine Corps, General Michael Hagee, who presented the award to Jones in honor of his dedication to the cover-up or was it really about the Webb G.I. Bill?

How ironic both Congressman Wittman and Congressman Jones both served as ranking members on the House Armed Services Subcommittee on Readiness in 2009 under Senator Clinton. 127 128 129

On Friday, July 10, 2009, an in house vote Third District Representative Walter B. Jones (R-NC) voted in favor for the Military Construction and Veterans Affairs Appropriations Act for Fiscal Year 2010 legislation that includes:

$810 million in funding for military construction for Marine Corps Base Camp Lejeune, Camp Lejeune Bachelor Enlisted Quarters at the new Wallace Creek project:

$34,160,000, MCB Camp Lejeune Bachelor Enlisted Quarters (Wallace Creek), $43,480,000, MCB Camp Lejeune Bachelor Enlisted Quarters (Wallace Creek), $44,390,000, MCB Camp Lejeune Bachelor Enlisted Quarters (Wallace Creek), $44,390,000, MCB Camp Lejeune Bachelor Enlisted Quarters (Wallace Creek), $42,110,000, MCB. An est $300 million dollars funded the MCB Camp Lejeune Bachelor Enlisted Quarters (Wallace Creek Complex). 130

If the Veteran Access to Care Act is going to address the unacceptable treatment of veterans who have been experiencing problems within the VA, it needs to start addressing this case first! 131

Dr. William H. Glaze

Dr. William H. Glaze- was selected by the Marine Corp Commandant General Hagee in 2004, and was a key member of his panel who quit early. Why, because research reveals he quit because people would potentially find out that in 2003 he chaired the “Radiation Advisory Committee for the EPA” and was a Member and Author of the “Airborne Concentrations of Radioactive Constituents” particularly uranium hexafluoride and he wrote the Acute Exposure Guideline Levels for Selected Airborne Chemicals (Vol 4) for the National Research Council (NAS). 132

4. The Naval Medical Field Research Lab (NMFRL) – is directly under the new Wallace Creek Regimental Complex- roads and infrastructure. The NMFRL radiological waste dump number six (6) map coordinates 848402, was converted and in detail describes the status of each particular site: Reports of Hundreds 100 + Dogs (not one or two) used in radiological experiments were buried at this site (20 feet deep). Hundreds of dogs were documented to have been used in metabolic studies using dangerous radioactive substances.

Radioactive waste site contents from site six was rejected by Barnwell S.C. Landfill Waste Disposal Site and then findings show the waste was sent to Washington State nuclear burial site because of required special transportation by the Dept of Transportation and handling dangers contained in the waste seventy five (75) radiation soil samples were taken from site six (6) because it contained high level radioactive waste (Ra 226) surrounding the area in 1981. 133 134

On 2-28-08 in reference to the Navy Medical Field Research Lab (NMFRL) Final Meeting, Mr. Lowder at the Restoration Board Meeting (RAB) at Camp Lejeun “confirmed an error” in past reporting of 160 lbs of radioactive soil, from the manifests that actually totaled “1,337 lbs” of Radioactive Materials from Dump # 6. The radioactive waste materials were manifested for off-site disposal at the Hanford Reservation Nuclear Waste Storage Facility in Washington State due to the intense radioactivity. 135

5. Radioactive Naval Deck Markers (Radium 226) found on Onslow Beach CLNC

Abandoned / orphaned highly enriched uranium (HEU) by-product (Radium-226) alpha / gamma ionizing radiation exposures from potentially leaking luminescent naval ship deck marker which had an above NRC exposure rate of seven (7) millirem per hour on public area of Onslow Beach, Camp Lejeune in 2008. This was due to previous 1950-1960s amphibious beach assault exercises conducted on very same public beach Marines and their dependents still go to on the weekends! Ra 226 has an atomic number of (88), and is not classified as low level radiological waste (LLRW), but rather is classified as a much more dangerous transuranic radioactive waste. 136

According to the report, three (3) women had to be decontaminated at Onslow Beach, and seven people knew about this. The NRC, NC State, the U.S. Navy and Marine Corps are responsible for not further disseminating past and present dangers of this device. Evidence suggests anyone who went to Onslow Beach prior to 2008 was likely affected, since gamma rays from Radium 226 travel up to several hundred feet per every second at light speeds, in all directions affecting everyones DNA strand. In fact, the report indicates highly dangerous radioactive deck markers are potentially leaking, indicates Onslow Beach is still affecting people, which leeds to why Onslow Beach needs to shutdown and be completely excavated. 137

Radium 226 is a by-product of Highly Enriched Uranium (HEU), and has a half life of one thousand six hundred (1,600) years. Due to the inherent dangers of Radium 226 deck markers used by the military, the government stopped producing them requiring the use of less dangerous radionuclide’s in its place. See gamma rate constants for Radium 226. 138

Title 10, Part 10, of the Code of Federal Regulations (10 CFR Part 20), “Standards for Protection Against Radiation,” spells out the Nuclear Regulatory Commission (NRC) requirements for the following aspects of radiation protection: Dose limits for radiation workers and members of the public, Exposure limits for individual radionuclide’s, monitoring and labeling radioactive materials, posting signs in and around radiation areas, “Reporting the theft or Loss of radioactive material. Penalties for not complying with NRC regulations.” 139 140 141

Radium-226 is one of the most dangerous of all uranium decay products. It is a radioactive heavy metal, and a very potent alpha and gamma emitter, and has a half-life of 1,600 years. As it decays, it produces radon gas (Ra 222) as a byproduct. The EPAct very specifically stated that the disposal of RA 226 sources does not fall under the Low-Level Waste Policy Act. If there are only three levels: High Level Waste (HLW), Transuranic Waste, and Low Level Waste (LLRW), then the dangerous Ra 226 device found on Onslow Beach was not considered LLRW, then it must be considered Transuranic Radioactive Waste! 142

In the first half of the twentieth century, radium was used to make radioactive deck markers like those at the NMFRL sites and at Onslow Beach. Radium was considered too dangerous to use for such purposes which demonstrates the concern to human health gone unnoticed! (emphasis added) 143

Note to all Marines and Family members: “STAY AWAY FROM ONSLOW BEACH”

NAVFAC (Mid-Atlantic Division)

Investigators need to question Naval Facilities Engineering Command (NAVFAC) mid-Atlantic and contractor Vanasse Hangen Brustlin, Inc (VHB) intent. They stated VHB performed a functional analysis to determine the arrangement of facilities [around hundreds of nuclear/radiological waste dump sites] to supposedly provide the most efficient flow path for the Marines living and working in the complex. 144

Research suggests the layout was not really to account for both vehicle and pedestrian traffic flow within the regimental complex, and existing and future facilities outside of the Wallace Creek area. VHB stated its consideration was supposedly given to locating the new utilities so that they would improve inadequate utility services to some of the surrounding existing facilities, and that each building was [directly aligned over each radiological contaminated site] supposedly sited to comply with the latest Anti-Terrorism / Force Protection Guidelines (AT/FP). 145 146

Camp Lejeune Naval Hospital -Medical Waste Incinerator (MWI)

Research reveals multiple EPA violations concerning eighteen (18) years of airborne contamination releases of incinerated radioactive medical waste constituents combined with Dioxin 2,3,7,8- tetrachlorodibenzo-p-dioxin (TCDD) was generated by the U.S. Naval Hospital incinerator smoke stack on Brewster Blvd. Camp Lejeune procured the lowest air emission controls / air pollution control device (APCD) of nearly any medical waste incinerator (MWI) and to boot the MWI had no scrubbers, and was shutdown by EPA in 1998:

Findings by University of Central Florida (UCF) graduate students in 2010 validated my hypothesis and conclusions (without knowing why they were doing it) of radioactive / TCDD plumes when I asked them to provide their independent assessment using EPA approved AERMOD tools, which visually depicted heavy concentration ambient air plumes of radioactive / TCDD, over Tarawa Terrace during 1989-1991 time frame.

Outside of radiation poisoning, TCDD (dioxin) is the single most dangerous carcinogenic compound chemical known to man kind, even more so, when its combined accidental incinerations of I-131 radioactive airborne particulate matter, which partly explains why NAVFAC completely excavated Tarawa Terrace housing units, and Wallace Creek Regimental Complex and associated infrastructure from the ground up. 147 148

General Electric (GE) Hitachi Global Uranium Hexafluoride (UF6) Enrichment Facility

Camp Lejeune groundwater and ambient air was additionally contaminated by the General Electric (GE)- Hitachi Global Uranium Hexafluoride (UF6) Enrichment Facility in Wilmington N.C., just south of the base, who actually documented potential harm to Camp Lejeune and surrounding population for 40 years. 149 150 151 152

The General Electric (GE)- Hitachi Global Uranium Hexafluoride (UF6) Enrichment Plant admitted harm to Camp Lejeune and surrounding population for forty (40) years of documented environmental dangers of Uranium Hexafluoride affecting Camp Lejeune from Castle Hayne, NC, Global Nuclear Fuels-Americas, LLC:

the radioactive dose factors for the Camp Lejeune population is within 50 miles and subject to annual- Radioactive atmospheric incidents and inhaled radionuclide releases have been documented over Camp Lejeune” – “The release of radioactive material to the air and water from the GE- facility represents a potential negative impact on the health and safety of the surrounding population. 153

Highly radioactive constituents from the General Electric (GE) Hitachi Global Uranium Hexafluoride (UF6) Enrichment Facility just above Wilmington N.C. Uranium tailings contain over a dozen radioactive materials all of which are extremely harmful to all living things. These are hazardous nuclear substances; for the production process of nuclear reactor fuel, nuclear weapons, and uranium ammunition. General Electric (GE)- Hitachi Global Uranium tailings areas around the GE facility contained over a dozen radioactive materials, all of which are extremely harmful to all living things linked to the underground conjoining aquifers and ambient air pathways that predominantly head northward towards Camp Lejeune. See 1989-1991 NOAA wind data analysis and wind rose plots already provided to Congressmen Wittman. The Uranium Hexafluoride (UF6) Enrichment Facility admitted harm to Camp Lejeune surrounding population for 40 yrs. 154

The General False Statement Statute, 18 U.S.C. 1001, applies: outlaws concealment or covers up. 18 U.S.C. 1503 (“Whoever endeavors to influence, obstruct, or impede the due administration of justice”); 1512 (b) “Whoever corruptly persuades another person, or attempts to do so with intent to influence the testimony of any person in an official proceeding”.

Agent Orange sprayed on Camp Lejeune

The US Army and Marines together used this specially designed equipment (ULV) developed by the US Navy at the Medical Field Research Laboratory (NMFRL), Camp Lejeune NC, that was attached to UH-1 helicopters for conducting spray projects around the base and in other limited areas. Camp Lejeune NMFRL Project 112. The (AA 45Y-1) Defoliant Dispenser, was specifically designed to spray tactical herbicides, defoliants, and neurotoxin organophosphates on North Vietnam. The NMFRL designed the spray nozzles for these apparatuses. The total in-house NMFRL program funding was $ 1.223 million dollars for 1971-1972 while the program supported 81 personnel includes 10 Ph D’s and 21 Professor’s, and 60 non-professor’s; signed by Jesse Adams. 155 156

Camp Lejeune Air Station by UH-1 helicopters were fixed with the U.S. Army’s Prototype Ultra Low Volume (ULV) Tactical Herbicide Spraying Apparatuses, namely the (AA 45Y-1) Defoliant Dispenser which sprayed large quantities over 500 acres on Camp Lejeune in 1971. Additional evidence is in the continuation of Ultra Low Volume (ULV) aerial spray apparatus testing of “herbicide” named Propoxur, authored by NMFRL. 157 158

Congress passed Public Law 102-4, the “Agent Orange Act of 1991” to provide a presumptiveness for toxic exposures experienced in Vietnam. The Act provides for diseases and provides those with the authority to establish presumptive service connection for other diseases that I have scientifically demonstrated to be associated with exposure to the chemical defoliant Agent Orange, dioxin, and other more dangerous herbicidal agents…Camp Lejeune is no exception!

FBI (2014) VA investigation links to Camp Lejeune Water Contamination

Its documented the FBI director told Congressional investigators they will follow the VA investigation to wherever the facts take them. Evidence suggests both the Camp Lejeune Water Contamination cases are directly linked to the VA 2014 scandal, which is directly tied to benefits and particularly my families and my compensation. 159

The Supreme Court ruling on October 14, 2014 stated this case is over. Both the U.S. Supreme Court and Eleventh Circuit must readdress the “Burden of Proof” in this environmental toxic tort case given new evidence in the case! The executive influence is based on the 1,548 claims seeking $33.9 billion in compensation which was filed with the Navy’s Judge Advocate General’s office, now estimates are at 3,700 cases seeking $86 billion (ironically the same number the Navy asked for in 2011 to upgrade their submarine fleet which may give reason to why the President Obama quickly intervened to shut down Camp Lejeune litigation. 160 161 162 163

In accordance with the terms of the 2014, VA investigation which was designed to prevent and detect criminal activity fraud, waste, abuse should be top priority in this case. The FBI probe of the VA targeted potential obstruction of justice, and potential violations of laws pertaining to the General False Statement Statute, 18 U.S.C. 1001, which outlaws concealment or covers up. 164 165

We must ensure the reports provided to the public have not, and will not, omit critical information that would aid future scientific inquiry and most importantly, cause the public to doubt the transparency and integrity of this inter-agency process,” the letter signed by six senators and three representatives said. The letter was signed by Rubio, a Republican, and Nelson, a Democrat; Sens. Patrick Leahy, D-Vermont, Charles Grassley, R-Iowa, Richard Burr, R-N.C., and Kay Hagan, D-N.C., and U.S. Reps. John Dingell, D-Mich., Carolyn Maloney, D-N.Y., / Brad Miller, D-N.C. 166

I staunchly counter the Veterans Administration reviewing officers offensive statements “that there is no objective medical evidence showing a causal relationship between my conceded exposure to contamination at Camp Lejeune, and my development of Thyroid Cancer, and that the evidence I provided does not constitute new and material evidence, because it does not relate to an established fact necessary to substantiate my claim and does not raise a reasonable possibility of ever substantiating my claim”.

This is absolutely unacceptable! The reviewing officer who made those unfortunate acrimonious and petulant statements needs to read the January 21, 2015, Senior National Appeals Officers Notice of Disagreement which completely counters the reviewing officer statements. Its evident that VA senior management didn’t review their outgoing documentation relative to my case.

I want to see documentation where the VA fires their corrupt and incompetent VA executives that allowed this to happen. Because if not the next administration most definitely will, and there won’t be any job security for executives that enabled or overlooked the corruption and incompetence relating to this issue. 167

At minimum, I should receive a written apology. Once the VA Secretary and his executive staff reviews these comments, I can only assume they will fire those who didn’t follow the ethical rules of professional conduct. Senator Marco Rubio and the House Committee on Veterans’ Affairs Chairman Jeff Miller introduced legislation allowing secretaries of the VA to remove any VA employee based on performance or misconduct. Where’s the accountability? 168 169

Conclusion

The VA, the U.S. Navy, and the U.S. Marine Corps have been extremely unresponsive to me, and my family, and they have failed to adequately answer Congressmen Wittmans Congressional Inquires, and;

There has been a protracted inability to file legal cases for over six years regarding the illnesses and conditions of myself, and more importantly, my family, and its evident there has been political/legal interference of filing as a result of exposure to the true contaminates at Camp Lejeune. 170 171

These conditions were known to the Department the Navy and Marine Corps at the time and have been documented as hazards and violations both at the time of my exposure; and since that time which violated of the Clean Water Act due to criminal negligence 33 U.S.C. § 1319(1), and violations of CERCLA Superfund 42 U.S.C. § 9609(d). 172

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) authorized the Environmental Protection Agency (EPA) to identify (all severely contaminated hazardous waste sites at Camp Lejeune), not just a few, and place them on the National Priorities list for cleanup under the Super-fund program. Those particular sites in which have been newly identified at Camp Lejeune were not mentioned or depicted by CH2M HILL, Inc. who developed the plan for Camp Lejeune’s future! 173

Reliable documentation I have compiled dating from the period of my exposure up to the very recent past indicate an ongoing and documented situation, which has remained uncorrected up to the present, and incontrovertible evidence points to either gross mishandling or blatant attempts at concealment and deceptive measures.

The impacts to myself and my family notwithstanding, this situation represents an ongoing public health hazard which has, and will continue to affect tens of thousands of U.S. Navy and Marines, their dependents, and civilian personnel in the guise of serious health impacts, including terminal illness, premature death, and or birth defects.

By law, I meet all the requirements for Service Connection: 174

1). I am a Veteran who was discharged under honorable conditions.

2). I served at Camp Lejeune during the period of contamination (August 1953 through 1987) and

3). I, and my family, have the same current disease and a medical opinions that states the disease we have is at least as likely as not due to exposure to the contaminated water at Camp Lejeune.

I have attempted to remedy this situation through means of documented regulatory reporting and attempted litigation however, it has been rebuffed in some manner at every avenue. The evidence I provided must direct lawmakers to the legal case Bryant, et al. v U.S.A. Case Nos. 12-15424;12-16174, which is suppose to educate the courts on points of law.

Lawmakers stated they want to ensure the Camp Lejeune reports provided to the public “have not, and will not”, omit critical information that would aid future scientific inquiry and most importantly, cause the public to doubt the transparency and integrity of this inter-agency process,” the letter was signed by Senator Rubio, R-FL and Senator Nelson, D-FL, Sens. Patrick Leahy, D-Vermont, Charles Grassley, R-Iowa, Richard Burr, R-N.C., and Kay Hagan, D-N.C.; U.S. Reps. John Dingell, D-Mich., Carolyn Maloney, D-N.Y., and Brad Miller, D-N.C. (emphasis added)

In light of the evidence, it answers questions and aspects of the Camp Lejeune Water Contamination case even the Supreme Court missed. The evidentiary weight in my families case does in fact establish a link through competent expert testimony to a reasonable degree of medical probability that injuries to my family and myself were caused by negligence the defendants at Camp Lejeune. The evidence does relate to an established fact to substantiate my claim, and does raise a reasonable possibility of substantiating my claim.

The medical and scientific evidence provided meets “the more probable than not standard of proof” and the opinion of expert witnesses have successfully proved and validated the elements in our case. 175 176

Our government is suppose to be transparent, effective and held accountable for its actions. To date, no political participation, judicial representation, remediation or environmental investigation has been conducted, nor does it appear from the reliable documentation I have compiled that any comprehensive solution has or will be attempted.

Multiple expert witnesses, colleagues, and credible representation from the Disable American Veterans (DAV) National Appeals Office in Washington DC have provided their written testimony supporting my analysis and conclusions which unveils thirty six (36) years of deception and counters the Volatile- Organic Compound (VOC) theory first announced by the Navy in 1980. 177 178 179

The Senate must assign a special prosecutor to investigate Democratic Presidential candidate Hillary Rodham Clinton’s involvement in the Camp Lejeune Water Contamination scandal while she was secretary of State and there must be a documented bi-partisan response towards Repealing or Replacing HR 1742 and S 1627, which are the laws in which I have brought to your attention.

The Office of Inspecting Generals, and Attorney General have a duty to pursue justice in this case, especially when political considerations run counter to doing so. It may be justified to appoint a politically independent body to investigate findings of wrongdoing. It is not honorable to take mere legal advantage, when it happens to be contrary to justice. Thomas Jefferson, Opinion on Debts Due to Soldiers, 1790.

The rulings of the Department of Justice stated lawsuits brought against the Department of Defense must be dismissed under North Carolina’s statute of repose. I disagree, then Marines like myself should now be able to retroactively validate our family’s health claims against the U.S. government. Why? Because “time is the controlling factor,” according to Chief Justice Anthony Kennedy, which leads to one of my arguments: 180

If the North Carolina law starts a 10-year clock running from the last culpable act of the defendant when it said they stopped polluting or sold its property, then legally, the clock didn’t run out, and technically, lawsuits are not banned because 1987 was not the last date of the contamination. (emphasis added) That legally makes the 1957-1987 contamination time-line and associated legislation and law President Obama signed in 2012, including the Supreme courts decision not to rule but followed the North Carolina 10-year limit or statute of repose decision, Null and Void. 181 182

The Oversight Committee must investigate and subpoena those responsible regarding laws, rules and statues which has been violated and constitutes discipline of those responsible for generating falsified details concerning the Janey Ensminger Act and the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 stipulation only the period of from January 1, 1957 to December 31, 1987.  Both the Supreme Court, and the 11th Circuits decision to leave the Camp Lejeune plaintiffs out in the cold made legislative decisions without having all the facts in the case.

Evidently, evidence in our case was not presented to the courts or the American people, or completed filed, and not reflected, mentioned, or documented in the amicus brief see #: 12-15424,38 USC 3.309 (d)(3). 183

This is why the U.S. Navy initially bulked at funding ATSDR activities, which was one of the first indicators. They were suppose to provide “all data” to the CDC/ATSDR to carry out certain (cherry picked) health assessments you see today on the VA website, however, they failed to fully provide them key information my assessment provides. The ATSDR conducted health assessments at Camp Lejeune from fiscal year 1991 (which covered the time frame my son was born with his birth defects) at Camp Lejeune to fiscal year 1996.

Then we should see where they identified and counted my sons related birth defects, and associated medical issues. Veterans Administration benefits are a matter of statutory entitlement for persons like myself and family who are qualified to receive them. 184 185 186 187 188

Every person, including my family, is entitled to a certain remedy in the laws for all injuries or wrongs he or she may receive in person, property or character; he or she ought to obtain justice without denial, and without delay conforming to the laws. 189

My family and I have been dealing with our losses and health degradations problems, and have been waiting years for government officials, and the courts to properly assist. Sitting on their hands and not taking action is unconstitutional and unacceptable! My family and I have been dealing with our losses and health degradations problems, and have been waiting years for government officials, and the courts to properly assist. Sitting on their hands and not taking action is unconstitutional and unacceptable!

The law demands my families FTCA claims be satisfied, and my VA appeals must be reversed of the prior decisions, and retroactively granted of all benefits sought without interference. In addition, I am requesting to secure all out of pocket financial and medical losses while being assigned a compensation rating of 100 percent disability for me and my family to be fully retroactive back dated to 1989 which is the documented date of causation, and be assigned and established permanently and not be subject to future review or examinations.

I have provided the American people and the Oversight Committee with sufficient evidence from which it can determine whether the courts erred in respect to remedy this historic environmental toxic tort case. Lawmakers must repeal, and or replace (H.R. 1742) Janey Ensminger Act and (H.R.1627) “Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012. 190 191

Relative to Rule 611, 702 and 705, and punitive damages, my assessment has identified outrageous misconduct and misbehavior, and by law, monetary reimbursement and compensation must be awarded to an injured party that goes beyond which is necessary to compensate the individual for losses. 192 193 194 195 196

This is now a civil action, and there is a serious problem regarding the legality and appropriateness of peoples actions in this matter. If the Department of Justice is committed to upholding the rule of law, which is reflective in the annual Corruption Perception Index (CPI), safeguarding taxpayer resources, and protecting the American people, then they too should receive a response from everyone regarding this issue. 197 198

The FBI Director James Comey stated we must have a symbiotic relationship between those that have investigative authorities and gifted analysts. To adhere to that request, I have developed an extensive visual power point presentation that continues to outline the issues at hand and documents the available facts and analysis. 199 200 201

Thank you for your attention concerning this manifest injustice, and it is my sincere hope that together we can bring all pertinent facts to light and ensure that all affected parties are properly acknowledged.

You can always count on Americans to do the right thing – after they’ve tried everything else” -Winston Churchill

Peter K. Brannon

Senior Analyst


6 see 33 U.S.C. §1321(b)(5), and 42 U.S.C. § 9603(b)

7 “The First Amendment Center”, http://www.firstamendmentcenter.org/petition-overview

8 “GAO-07-276”, Defense Health Care: Activities Related to Past Drinking Water Contamination at Marine Corps Camp Lejeune, Government Accounting Office (GAO) May 2007, http://www.gao.gov/new.items/d07276.pdf

9 “5 U.S.C. § 1213 – Provisions relating to disclosures of violations of law, gross mismanagement, and specific danger to public health or safety.5 U.S. Code § 1213, http://openjurist.org/title-5/us-code/section-1213/provisions-relating-to-disclosures-of-violations-of-law-gross-mismanagement-and-certain-other-mat

13 see 28 U.S.C. §2675(b). McNeil v. United States, (1993) 508 U.S. 106, 113 S.Ct. 1980; 28 U.S.C.§2675, 28 C.F.R., Part 14.

14 §3.309 Disease subject to presumptive service connection”, Case# 12-15424,38 USC 3.309 (d)(3), http://www.benefits.va.gov/…/38c…

16 No. 12-1290 -The Peter Waldburger, et al.,Plaintiffs-Appellants,v s CTS Corporation, Defendant-Appellee. On Appeal from the U.S. District Court for the western District of N.C. Brief for the U.S. as Amicus Curiae in support of appellee,

17 “United States Environmental Protection Agency” (EPA), http://www2.epa.gov/superfund

21 “Congress Wants Answers On Water Contamination At Lejeune”, Raleigh News & Observer, 14 September 2010, p. 1.

22 “Warnings about Camp Lejeune’s tainted water unheeded for years”, Stars and Stripes, April 18, 2010.

24A guide to Civil Rights Liability Under 42 U.S.C. § 1983: An Overview of Supreme Court and Eleventh Circuit Precedent, http://www.constitution.org/brief/forsythe_42-1983.htm

25 “11th Circuit Won’t Rehear Camp Lejeune Drinking Water Suit”, http://www.law360.com/articles/613470/11th-circ-won-t-rehear-camp-lejeune-drinking-water-suit

26 “The U.S. Constitution”, https://www.whitehouse.gov/1600/constitution

27epa.gov/…/superfund/site…

30 “Obama pet watch dog left veterans out in the cold”, nypost.com/2015/07/07/obamas-pet-watchdog-left-veterans-out-in-th-col

31 SUPERFUND”, Obama urges dismissal of Camp Lejeune cases, http://www.eenews.net/stories/1060001032

36 “Dioxins & Furans”, The Most Toxic Chemical Known to Science, http://www.ejnet.org/dioxin/

37archive.marinecorpstimes.com/…/20120806/…/Obama-signs-bill-helping…

38 “EnvironmentalProtectionAgencyAccountabilityActof2015”, https://www.congress.gov/bill/114th-congress/house-bill/352/all-info

44 H.R.1627 – Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012112th Congress (2011-2012), https://www.congress.gov/bill/112th-congress/house-bill/1627

45 H.R.1742 – Janey Ensminger Act112th Congress (2011-2012). https://www.congress.gov/bill/112th-congress/house-bill/1742

48 “VA Scandal Probe Targets Potential Obstruction of Justice, Aug 2014, http://www.usatoday.com/story/news/nation/2014/08/26/va-veterans-affairs-scandal-mcdonald-phoenix/14620397

53“1993 Documented Remarks by President Bill Clinton”, http://www.presidency.ucsb.edu/ws/index.php?pid=47010

57 “NRC 5-30-06 incident assessment/emails forwarded from Grant Mills-Health Physics ND Radiation Protection Section- report No # 06-18 dated 5-24-06.

58 “ Pre-service test of the US Army ultra-low volume (ULV) Aerial Spray System for Rotary Wing Aircraft- (AD 729053) (Vol XXI, No. 19 Aug 1971) Bureau of Medicine and Surgery, Dept of Work Unit Project Number Task Number/Work Unit Number M4305.12-301 28XC36.2. written by LCDR R. H. Grothaus, MCS USN. Entomology Division, Naval Medical Field Research Laboratory, Camp Lejeune NC, and “The History of the US Department of Defense Programs for the Testing, Evaluation, and Storage of Tactical Herbicides December 2006 submitted by Alvin L. Young, Ph. D. for Office of the Under Secretary of Defense William Van Houten Crystal Gateway 2, Suite 15001225 Jefferson Davis Highway Arlington, VA 22202, and Contract No. DAAD19-02-D-0001TCN 05204/D.O. 0691-The Study of Factors which influence metabolic reactivation of the Ultraviolet IEC, Heinments, J. J. Lehman, W. W. Taylor, and R. H. Kathan Department of Biophysics, Naval Medical Field Research Laboratory, Camp Lejeune, North Carolina Department of Chemistry, Naval Medical Field Research Laboratory, Camp Lejeune, North Carolina Department of Bacteriology, Naval Medical Field Research Laboratory, Camp Lejeune. Document 24793703_lese_1.pdf

60 “10-590 -Nuclear Regulatory Commission (NRC) Notice No. 90-14”, Accidental Incineration and Disposal of Radioactive Materials

61 “NRC Notice” pbadupws.nrc.gov/docs/ML0312/ML031210581.pdf

62 “Environmental Assessment for Renewal of Special Nuclear Material License No: SNM 1097 GE Company, Nuclear Enrichment Plant Wilmington NC, http://www.pbadupws.nrc.gov/docs/ML0729/ML072960048.pdfML072960048.pdf

63 “FTP Server -Parent Directory”, http://www.pbadupws.nrc.gov/docs/ML0911/ML091180239.pdf

65(42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as amended (42 U.S.C. 7609), and E.O.11514 (Mar. 5, 1970, as amended by E.O. 11991, May 24, 1977) secs. 1502.6 and 1502.8), 43 FR 55994, Nov 29,1978.

66 28 U.S.C. § 2401(b)

69 “AMEC” is nowAMEC Foster Wheeler, http://www.amecfw.com/

75 see (Warth v. Seldin, 422 U.S. 490, 95 S. Ct. 2197, 45 L. Ed. 2D 343 [1975]

76 Chemerinsky, Erwin. 2001. “Bush v. Gore Was Not Justiciable.” Notre Dame Law Review 76 June 1990. “A Unified Approach to Justiciability.” Connecticut Law Review 22. Galloway, Russell, W., Jr. 1990. “Basic Justiciability Analysis.” Santa Clara Law Review (winter).Tsen Lee, Evan. 1992. “Deconstitutionalizing Justiciability,: The Example of Mootness.” Harvard Law Review 105. http://scholarship.law.wm.edu/wmrval, and http://www.nolo.com/legal-encyclopedia/suing-government-negligence-ftca-29705.html

80 “H.R.1742 – Janey Ensminger Act” 112th Congress (2011-2012), https://www.congress.gov/bill/112th-congress/house-bill/1742

81 Ibid

85 Title 40: Chapter 1, Sub-chapter J, Protection of Environment, Part 302 — Designation, Reportable Quantities, and Notification: §302.5 Determination of reportable quantities, Authority: 33 U.S.C. 1251 et seq. see 50 FR 13474, Apr 4, 1985. §302.7 Penalties, §302.8 Continuous releases of radionuclide’s which are subject to notification requirements, www. ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=c2118193f21b70b3c2c424200c152af5&mc=true&n=pt40.28.302&r=PART&ty=HTML#se40.28.302_16

88 Ibid

89 Ibid

90 Ibid

92 “United States Environmental Protection Agency”, EPA’s Superfund Program, 2015, http://www.epa.gov/superfund/sites/npl/nar1070.htm

93 “Report date-Aug 1971”, R&D Project Number M4305, Task No: M4305.12, Work Unit Number M4305.12-3012BXG6, approved for public release;distribution unlimited. See National Technical Information Services 20050323123 named “Pre-service test of the US Army Ultra Low Volume Aerial Spray System for Rotary Wing Aircraft” by LCDR R. H. Grothaus, at U.S. Naval Medical Field Research Laboratory Camp Lejeune N.C. (Vol: XXI)

94 “House Armed Services Testimony, March 18, 2010, http://www.hathitrust.org/usdocs_registry/?…House.+Committee…Ar…

95 “Lejeune Water Haunts Marines”, Tampa Tribune, 16 January 2011, p. 1.

98 Ibid

100 see, eq., 33 U.S.C. §1321(b)(5) and 42 U.S.C. § 9603(b)

103 See NAVFAC Mid-Atlantic Division Overall Site Plan (Phase 1 & 2 Wallace Creek Regimental Complex Site Plan – including Future Phase 2 Facilities, dated April 4, 2006.

104 http://www.ncmbc.us/…/NCMilconPrimeContractHoldersSingleProjects123201…/, NAVFAC Project Number- N40085-R-07-1404 April 25, 2008.

105 “Contractor Vanasse Hangen Brustlin, Inc (VHB), http://www.vhb.com

107 ATSDR Master Plate 508 NAVFAC RFP solicitation Project Number-N40085-R-07-1404 on April 25, 2008

109 “Incineration: US EPA’s Bankrupt Policies”,http://www.cpsr.cs.uchicago.edu/countermedia/briefings/incin.html

111 “Speakers at the Community Meeting”, scientist Pat Costner; George Claxton, Chairman of the Agent Orange Committee, Vietnam Veterans of Am.; Betty Ferris, Pres. of Jacksonville NAACP, http://www.americanhealthstudies.org/wastenot/wn235.htm,

112 “Senate Temporary Committee Chairs”. University of Michigan Documents Center. 2001-05-24. “Hillary’s War” https://en.wikipedia.org/wiki/United_States_Senate_career_of_Hillary_Rodham_Clinton

113 “Oversight Hearing on the Federal Superfund Programs Activities to Protect Public Health, http://www.gpo.gov/…/CHRG-110…

114 Statement of Qualifications, Solutient Technologies, LLC, 2010, Solutient Qualification Package.pdf,www.soluitienttech.com

115 www3.forbes.com/lists/forbes-2016-presidential-candidat

118 Ibid

119 “AMEC Foster Wheeler” (British Firm), http://www.amecfw.com/

120 “AMEC acquires leading US engineering and environmental services company MACTEC”,18 May 2011, London, United Kingdom (18 May 2011), http://www.amec.com/…/amec_acquires_leading_us_engi…,

121 “MCON Project P1382/1383/1384”, its.enr.state.nc.us/WebLink8/0/doc/201253/Page5.aspx

122 “Ibid”, its.enr.state.nc.us/WebLink8/0/doc/201253/Page8.aspx

125 NAVFAC RFP solicitation Project Number- N40085-R-07-1404 on April 25, 2008

126 “Congressman Jones”- Honors and Awards, https://jones.house.gov/about-me/full-biography/honors-and-awards

127 Ibid

129 http://armedservices.house.gov/index.cfm/members, see 114th Congress, the House Armed Services Committee”, (Congressman Wittman & Jones)

132 EPA -SAB-RAC-CON-03-002 dated Feb 27th, 2003- Letter Subject: Consultation on Multiple-Agency Radiation Site Survey Investigation Manual (MARSSIM) Supplements for Material and equipment (MARSAME): A science Advisory Board Notification of a Consultation

133 See ATSDR document ATSDR, CLW 6000 documented in Marine Corps Base Camp Lejeune Restoration Advisory Board 01-2008 RAB Minutes, http://jap.physiology.org/cgi/content/abstract/20/3/572Journal of Applied Physiology Submitted on August 24, 1964.

134 “Journal of Applied Physiology”, http://jap.physiology.org/cgi/content/abstract/20/3/572

135 ”America Nuclear Graveyard”, https://books.google.com/books?id=DMoDAAAAMBAJ

136Camp Lejeune Onslow Beach 5-24-06 NRC Report No# 06-18”, Discovery of Stolen-Lost or Thief of Unsecured Licensed Radioactive Material Ra-226

139 See source documents provided to Congressman Wittman in 2013, including 5-30-06 incident assessments and emails forwarded from Grant Mills-Health Physics ND Radiation Protection Section and report No# 06-18 dated 5-24-06.

142 nrc-stp.ornl.gov/narmtoolbox/radium%2…Oak Ridge National Laboratory

144 Ibid

145 Ibid

146 Ibid

147 http://www.nrc.gov › … › 1990

148 10-590-Nuclear Regulatory Commission (NRC) Notice No. 90-14: “Accidental Incineration” of multiple Radioactive Isotopes and 15 known cases since 1983 whom Camp Lejeune Naval Hospital was an addressee

149 http://www.nrc.gov › Radioactive Waste ,/

152 U.S. Department of Veterans Affairs §3.309 Disease subject to presumptive service connection, http://www.benefits.va.gov/…/38c…,

154 Ibid

155 Report date-Aug 1971”, R&D Project Number M4305, Task No: M4305.12, Work Unit Number M4305.12-3012BXG6, approved for public release; distribution unlimited. See National Technical Information Services 20050323123 named the “Pre-service test of the US Army Ultra Low Volume Aerial Spray System for Rotary Wing Aircraft” by LCDR R. H. Grothaus, at U.S. Naval Medical Field Research Laboratory Camp Lejeune N.C. (Vol: XXI)

156 The History of the US, Department of Defense, Programs for the Testing, Evaluation, and Storage of Tactical Herbicides December 2006, Submitted by Alvin L. Young, Ph. D. for Office of the Under Secretary of Defense William Van Houten Crystal Gateway 2, Suite 1500, 1225 Jefferson Davis Highway Arlington, VA 22202 Contract No. DAAD19-02-D-0001 TCN 05204/D.O. 0691, http://www.agentorangerecord.com/images/uploads/resources/…/DODtesting.p…

157 Worldcat.org Publisher CLNC, U.S. Naval Medical Field Research Laboratory, 1976 by: R.H. Grothaus; K.F. Baldwin; J.R. Haskins; United States Naval Medical Research Laboratory.

158 AD 24793703_lese_1.pdf para 2.3, and DoD in-house RDT&E activities report – AD 044945 dated 30 Oct 1971

165 “United States Department of Justice- Fraud Section”, http://www.justice.gov/civil/fraud-section

170 “Overview of the US Legal Market”, https://www.hg.org/marketing-us-market.html

171 see SF-95s filed with US Navy Judge Advocate General (JAG) in 2010.

175 law.justia.com/cases/federal/…/12-1290/12-1290-2013-07-10.html

178 “Activities Related to Past Drinking Water Contamination at Marine Corps Base Camp Lejeune”, GAO 07-276, May 2007, http://www.gao.gov/new.items/d07276.pdf

179 “US Government Printing Office”, http://www.gpo.gov/…/CHRG-111…

181 “Stateside Legal”,Legal help for military members, veterans and their families 2015, Supreme Court ruling muddies water in Camp Lejeune pollution case, http://statesidelegal.org/supreme-court-ruling-muddies-water-camp-lejeune-pollution-case-0

182 “Statement of Qualifications, Solutient Technologies, LLC, 2010, Solutient Qualification Package.pdf, http://www.soluitienttech.com

185 “United States Government Accounting Office Report to Congressional Committees, Defense Health Care Related to Past Drinking Water Contamination at Marine Corps Base Camp Lejeune”, http://www.gao.gov/new.items/d07276.pdf

186 “5 U.S.C. § 1213 – Provisions relating to disclosures of violations of law, gross mismanagement, and specific danger to public health http://openjurist.org/title-5/us-code/section-1213/provisions-relating-to-disclosures-of-violations-of-law-gross-mismanagement-and-certain-other-mat

187 “United States Government Accounting Office Report to Congressional Committees,

http://www.gao.gov/new.items/d07276.pdf

188 Mathews v. Eldridge, 424 U.S. 319” (1976), http://constitution.findlaw.com/

189 “American Constitutions: Comprising the Constitution of each State of the Union” Independence of Judiciary: Right of Justice,

pg 580.

190 “H.R.1742 – Janey Ensminger Act” 112th Congress (2011-2012), https://www.congress.gov/bill/112th-congress/house-bill/1742

193 §3.309 Disease subject to presumptive service connection”, Case# 12-15424,38 USC 3.309 (d)(3), http://www.benefits.va.gov/…/38c…

194 “Stateside Legal”,Legal help for military members, veterans and their families 2015, Supreme Court ruling muddies water in Camp Lejeune pollution case, http://statesidelegal.org/supreme-court-ruling-muddies-water-camp-lejeune-pollution-case-0

195 No. 12-1290 -The Peter Waldburger, et al.,Plaintiffs-Appellants,v s CTS Corporation, Defendant-Appellee. On Appeal from the U.S. District Court for the western District of N.C. Brief for the U.S. as Amicus Curiae in support of appellee,

196 “United States Environmental Protection Agency” (EPA), http://www2.epa.gov/superfund

197 “H.R.1742 – Janey Ensminger Act” 112th Congress (2011-2012), https://www.congress.gov/bill/112th-congress/house-bill/1742