Mick Harrison, Esq. 205 N. College Ave., Suite 311 Bloomington, IN Telephone:

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1 Mick Harrison, Esq. 205 N. College Ave., Suite 311 Bloomington, IN Telephone: EDUCATION University of the District of Columbia School of Law J.D., summa cum laude. Leader of the DCSL Jessup International Law Moot Court team; Awarded two Dean s Cups for distinguished service; Member of the Law Review Board of Editors; 4 semesters of clinic work on environmental and whistleblower cases with the Government Accountability Project (GAP) Indiana University Bloomington, IN M.S. Degree, Masters and Doctoral Course Work, Education, Curriculum and Instruction. Mathematics Teaching Certification, Advanced course work towards doctorate in education, curriculum and instruction, graduate courses in group processes, group facilitation, and leadership skills Indiana University Bloomington, IN (3 rd year, Univ. of Chicago) B.A. Degree,, Individualized Major, Government & Educational Accountability BAR ADMISSIONS State: Supreme Court of Penn. (PA Bar # 65002) Federal: U. S. Courts of Appeal for the 3 rd, 4 th, 6 th, 7 th, 8 th, 10 th, 11 th, and Federal Circuits. ENVIRONMENTAL CITIZEN SUITS Attorney Harrison has litigated several cases regarding environmental violations and dangers at the Army s Tooele, Utah chemical weapons incinerator including citizen law enforcement cases for CWWG and Sierra Club as well as whistleblower cases for a hazardous waste manager, an environmental permitting manager, a safety manager, a chemist, and a chemical agent air monitoring manager. Attorney Harrison's investigative and advocacy efforts have been

2 extensive in these cases, and in highly technical areas involving health risks and environmental impacts where Attorney Harrison's background as a teacher of mathematics has been useful. These investigations and advocacy efforts have prompted numerous corrective actions and safety improvements, and led to considerable media coverage. Attorney Harrison has been co-leader of a multi-year eight-state litigation and advocacy effort for the CWWG, Sierra Club and allied groups, involving media, legislation, direct action, public education, whistleblower support, negotiation and federal and state litigation which resulted in the Army abandoning plans for unsafe chemical weapons incinerators in Colorado, Indiana, Kentucky, and Maryland in favor of safer modern alternative technologies acceptable to those (4 of 8) affected communities. Most of Attorney Harrison's cases involve large corporations and government agencies as adversaries. In these cases, Attorney Harrison has had notable achievements notwithstanding the considerable resource advantages of these large corporate and agency adversaries. These successes include two cases in which the litigation resulted in the permanent shutdown of unsafe and illegally operated multi-million dollar hazardous waste incineration facilities (the ThermalKEM incinerator in South Carolina, and the Vertac agent orange incinerator in Arkansas, more details below). In addition, temporary injunctions against the illegal and dangerous operation of other multi-million dollar hazardous waste incinerators operated by large corporations were obtained in other cases (e.g., the WTI hazardous waste incinerator East Liverpool, Ohio case, and the Drake Chemical Superfund cleanup case in Pennsylvania). Attorney Harrison's investigations and advocacy, with his GAP colleague attorney Richard Condit, have also resulted in preventing other dangerous multi-million dollar incinerators from being built (e.g., a medical waste incinerator that the National Institutes of Health in Bethesda, Maryland cancelled, and a PCB incinerator proposed for Bloomington, Indiana that was abandoned after years of citizen opposition). Attorney Harrison with GAP colleague attorney Richard Condit represented citizen s groups and the Vietnam Veterans of America, and worked closely with Greenpeace scientist Pat Costner, in a federal lawsuit against U.S. EPA and a government contractor. The case involved the Vertac Superfund site and an agent orange incinerator in Arkansas operated under contract with the U.S. EPA. Attorney Harrison assisted his clients and colleagues in obtaining a TRO and a preliminary injunction from the federal District Court and in prompting the Arkansas Attorney General (AAG) to initiate an investigation, and worked closely with the AAG in arranging for the sworn testimony before the AAG of multiple (whistleblower) witnesses (then current and former employees of the government contractor operating the facility). Attorney Harrison assisted his clients and colleagues in exposing numerous violations of federal laws, causing EPA to shut down the incinerator before it burned highly dioxin contaminated 2,4,5-T waste. This case also involved extensive media coverage including excellent political cartoons. Attorney Harrison represented, together with GAP attorneys Robert Guild and Richard Condit, citizens appealing the permits issued for the ThermalKEM hazardous waste incinerator which was located 100 feet from a Baptist Church in Rock Hill, SC. A several month intense legal battle ensued that again required extensive investigatory and discovery efforts by counsel, involved whistleblower disclosures, a manager pleading the Fifth Amendment, and evidence of the defendant company's cover-up of incidents and material facts, including details of an uncontrolled hazardous waste fire which forced evacuation of a neighboring business. During the litigation, the company closed its facilities in Rock Hill, and nationwide, before the judge

3 issued the trial decision. Attorney Harrison represented Greenpeace in a federal lawsuit against Waste Technologies, Inc. (WTI), a large hazardous waste company, and against the U.S. EPA to stop operation of a large hazardous waste incinerator in East Liverpool, Ohio located 1100 feet from an elementary school. Attorney Harrison and colleagues obtained a TRO and a preliminary and permanent injunction from the District Court based on evidence uncovered that had been concealed by EPA which proved that the danger posed to public health from incinerator emitted dioxin that would accumulate in the food chain was 1,000 times greater than the risk that EPA had publicly admitted. This litigation forced a positive change in EPA risk policy which had theretofore focused only on inhalation exposures, requiring future risk assessments to address risk of toxic chemical exposure via the food chain. The case was the subject of extensive media including stories in the New York Times, Wall Street Journal, and CBS 60 Minutes program (plaintiff Teresa Swearingen was featured). The Court of Appeals eventually reversed the injunction on procedural grounds, holding that a permit appeal rather than a citizen suit would have to be used to challenge the hazardous waste facility permit. This was an evolving area of environmental law at the time and the legally required procedure and applicable legal standards had yet to be clearly established by the federal Courts of Appeal when the District Court issued the injunctions based on the dangers to the public. Attorney Harrison successfully litigated, again with colleague attorney Richard Condit, on behalf of the National Sierra Club, an Army chemical weapons incinerator permit appeal in Oregon. The Multnomah Circuit Court remanded the facility permit back to the Oregon Department of Environmental Quality (ODEQ) for a Best Available Technology review and determination for mercury contaminated mustard agent waste and for analysis of whether incineration of dunnage waste streams including contaminated plastic protective suits would cause major adverse impacts on public health or the environment (including via dioxin emissions). Attorney Harrison has been lead counsel for citizen plaintiffs in Sarah Elizabeth Frey v. U.S. EPA in a complex federal litigation against Westinghouse/CBS/VIACOM and U.S. EPA regarding a failed Superfund cleanup in Indiana. Multiple motions to dismiss by EPA and VIACOM (formerly Westinghouse) have been defeated and twice Counsel Harrison has prevailed before the U.S. Court of Appeals for the Seventh Circuit in appeals on procedural and statutory interpretation issues, and set positive legal precedent for citizens in the process. The case is currently on appeal before the Seventh Circuit for the third time. Attorney Harrison is currently representing traditional Navajo residents (Dine ) of Arizona in a coal mining permit appeal before the federal Office of Surface Mining versus Peabody Coal. The case, which has yet to be tried, involves alleged violations of SMCRA, the federal mining law, and issues involving water and air pollution, and destruction of historic, archeological, and sacred sites. Attorney Harrison is currently litigating as a plaintiff, pro se, along with co-counsel for the Indiana Forest Alliance attorney Rudy Savich, a forest protection lawsuit in Indiana alleging violations of the Indiana version of NEPA, based on a 30 year pattern of the State failing to conduct EISs for major timber sales in the State Forests and on other State lands. Attorney Harrison over the last few years has represented citizen groups in Florida and Georgia

4 and advised and consulted with Indiana citizen groups and their local counsel opposing five biomass incinerators proposed in those states. The results thus far from these efforts are two of the five incinerator proposals have been abandoned, two other of these five litigations were settled with substantial benefits for the citizen groups, and one litigation is on-going after a successful appeal. Attorney Harrison is currently lead counsel for citizen groups in Bloomington, Indiana challenging via federal court litigation the Federal Highway Administration s proposed interstate highway I-69 Southern Indiana expansion. This litigation involves alleged violations of the Endangered Species Act, the Clean Air Act, the Administrative Procedures Act, the National Historic Preservation Act, the National Environmental policy Act, and the National Transportation Act. In all of these citizen law enforcement cases, discovery efforts and extensive investigations by Attorney Harrison have been instrumental in allowing the clients to put forward well documented factually persuasive arguments in technical areas. Attorney Harrison's practice has involved extensive federal district court and federal court of appeals work, extensive discovery and motions practice, and litigation of virtually every conceivable technical and procedural defense used by agencies and corporations. Attorney Harrison's practice has also involved frequent examination of both friendly and hostile expert witnesses on technical matters, including complex mathematical risk assessments. WHISTLEBLOWER PROTECTION CASES The head of EPA s criminal enforcement counsel division, Richard Emory, Esq. was removed from his position and placed in a do-nothing job after disclosing to Congressman John Dingell s subcommittee EPA enforcement case files documenting political interference to prevent or undercut environmental crime prosecutions nationwide. Attorney Harrison, with GAP colleague attorney Richard Condit, after aggressive discovery and investigation, successfully negotiated a settlement. The case also established good legal precedent on the right of government whistleblowers to subpoena and depose high level federal officials such as an Assistant Attorney General. Mr. Emory ultimately received EPA's medal of honor. Attorney Harrison, together with colleague attorney Richard Condit, litigated in partnership with PEER a whistleblower case before the Merit Systems Protection Board (MSPB) on behalf of the (first female) Chief of the United States Park Police, Teresa Chambers, who was fired by the National Park Service after she disclosed to the Washington Post that the Bush administration was not providing adequate funding to protect the national monuments, parks and parkways or their visitors. This was a case where the client had chosen to transition to new counsel and Attorney Harrison had to hit the ground running and conduct a rapid but thorough fact investigation. The investigation included several depositions of high ranking federal agency officials, including a Deputy Secretary of the Interior and the agency's financial officer. The investigation disclosed several examples of egregious agency misconduct and procedural violations. The MSPB Administrative Judge (AJ) issued a clearly erroneous initial decision against Chief Chambers which Attorneys Harrison and Condit appealed to the MSPB. The Board, also clearly in error, sustained the AJ's initial decision in large part, although one of the three Board members issued a thorough and persuasive dissenting opinion in Chief Chambers' favor. The majority Board decision was appealed to the U.S. Court of Appeals for the Federal

5 Circuit. An Amicus brief was filed by a large federal employee union in favor of Ms. Chambers' position. The Federal Circuit reversed the MSPB and remanded, twice. Ms. Chambers eventually prevailed with PEER and Attorney Harrison s assistance, and is now reinstated as the Chief of the U.S. Park Police. Attorney Harrison successfully litigated, in partnership with PEER and Richard Condit, a whistleblower case on behalf of U.S. Bureau of Land Management whistleblower Earle Dixon. Mr. Dixon was fired after publicly exposing the existence of significant radioactive contamination at the Yerington Nevada Anaconda copper mine site. Again after extensive discovery and depositions of high level agency officials, including the Nevada State Director of BLM, Attorney Harrison obtained proof of the agency's retaliation and political interference with and influence on the agency's decisions regarding whistleblower Dixon and the cleanup of the Yerington Mine by outside parties, including county commissioners and a congressman. Attorney Harrison tried the case before the DOL. A recommended decision was issued by the trial administrative judge in favor of Whistleblower Dixon. The judge found that the agency had retaliated against Mr. Dixon because of his protected whistleblowing and ordered the agency to provide Mr. Dixon most of the relief appropriate under Mr. Dixon's circumstances. The agency appealed to the DOL Administrative Review Board (ARB). The ARB recently sustained the ALJ decision in Mr. Dixon s favor and the BLM did not appeal. Attorney Harrison successfully litigated and settled a whistleblower case for U.S. Fish & Wildlife scientist Andrew Eller, together with PEER and co-counsel Richard Condit, regarding the knowing and politically influenced failure of the U.S. Fish & Wildlife Service to comply with the federal Endangered Species Act and protect the endangered Florida Panther. Again, the aggressive and extensive discovery and investigative efforts of Attorney Harrison led to development of very incriminating evidence against the agency managers involved in the decision to terminate the employment of whistleblower Eller (and the agency managers' decisions to not comply with federal law). After extensive document discovery and several depositions of agency managers, the agency entered MSPB mediation and settled the case, which included reinstating Mr. Eller to the U.S. F&WS. Attorney Harrison obtained one of the largest damages awards ever in an environmental whistle-blower trial on behalf of Army chemist whistleblower Dr. David Hall in a case against U.S. Army Dugway Proving Ground. Following what may have been a record breaking twelve week whistleblower trial, the trial judge awarded Dr. Hall, $1.8 Million in damages and attorney fees. During the aggressively litigated twelve week trial, Attorney Harrison, who was allowed by the judge to conduct some discovery during the trial due to Dr. Hall's prior and continuing health problems, developed extensive evidence that Dr. Hall had been subjected to a pattern of harassment and retaliation because he had exposed numerous serious violations of law and procedure by Army managers regarding chemical warfare agent and hazardous wastes. The evidence developed included documentary evidence and corroborated testimony that there had been improper cleanup of chemical agent contaminated sites, that the Army issued gas masks to troops in the Gulf War which were known to be defective (silicone rubber material allowed agent penetration), and the Army instructed whistleblowers who raised this concern to remain silent because disclosure would hurt morale. Unfortunately this very favorable decision was

6 reversed on appeal by the then newly appointed DOL Administrative Review Board, and the Tenth Circuit declined to reverse the final agency decision based largely on a Supreme Court decision that is being misread to state that if a security clearance decision is involved in the agency employment decisions, that reviewing courts are not allowed to even inquire into whether the security clearance decision may have been the result of illegal retaliation or discrimination. Attorney Harrison, together with GAP colleague attorney Richard Condit, represented the then Head of Virginia s Superfund program, Pauline Ewald, who exposed mishandling of Superfund hazardous waste disposal sites cleanups by the State of Virginia. The extensive investigative, discovery and advocacy efforts of Attorney's Harrison and Condit, along with those of whistleblower Ewald herself, resulted in a media expose (extensive media coverage including excellent political cartoons), a $160,000 fine imposed on the State of Virginia by U.S. EPA, an EPA order to the State of Virginia to perform a multi-million dollar cleanup of State property, resignation of the Director of the Department of Waste Management, and Ms. Ewald s receipt of the Cavallo award for moral courage. Attorney Harrison with GAP colleague attorney Richard Condit successfully represented President and Vice President of the EPA headquarters scientists & professionals union ( Dwight Welch and Bill Hirzey) and other NFFE Union officials in their efforts to expose the politicization of science in U.S. EPA without being terminated (in retaliation) from their federal employment. Attorney Harrison currently represents, in partnership with PEER, EPA Senior Scientist Dr. Cate Jenkins in her whistleblower retaliation lawsuits before both the U.S. Department of Labor and the U.S. Merit Systems Protection Board. Dr. Jenkins was fired by EPA in violation of her due process rights and in retaliation for her federally protected whistleblowing regarding the dangers posed by the 9/11 World Trade Center toxic dust that has caused the death and illness of thousands of first responders and residents. Attorney Harrison and PEER have successfully litigated Dr. Jenkins MSPB case and obtained an Order requiring EPA to reinstate Dr. Jenkins, and are now successfully litigating Dr. Jenkins DOL case to ensure she receives compensation for all the damages she suffered as a result of EPA s retaliation. Attorney Harrison recently successfully litigated and settled the whistleblower retaliation cases of two U.S. Department of Interior Bureau of Land Management scientists, one a mining engineer and one a geologist. Both were retaliated against for blowing the whistle on illegal federal land exchanges wherein the BLM was proposing to, and in some cases did, exchange federal lands containing millions of dollars of valuable minerals and standing timber for at best comparatively worthless private lands that had been timbered, mined, and in some cases contaminated. Attorney Harrison recently won a precedent setting appeal in an environmental whistleblower case for chemical weapons disposal whistleblower Ed Tomlinson who worked at the Army s chemical weapons disposal facility in Tooele, Utah until he was fired in retaliation for disclosing environmental violations and related health risks to OSHA. The Department of Labor Administrative Review Board (ARB) recently decided Mr. Tomlinson s appeal in his favor

7 finding that his disclosures to OSHA, even though they concerned worker safety in some respects, were nonetheless protected from retaliation by the employee protection provisions of the federal environmental statutes. Attorney Harrison is currently representing securities fraud whistleblower Ms. Nelly Oberti in a Sarbanes Oxley Act whistleblower retaliation case against MGM in Las Vegas. The Department of Labor has issued a Due Process letter to MGM indicating that DOL intends to order MGM to reinstate Ms. Oberti and pay her damages resulting from the illegal retaliation. OTHER PROFESSIONAL EXPERIENCE False Claims Act Qui Tam Litigation Attorney Harrison is currently representing a number of whistleblowers including doctors and nurses in False Claims Act qui tam cases involving suits to recover millions of dollars for the federal treasury taken under false pretenses by corporations and government contractors, including medical institutions. Certified Teacher of Mathematics Math teaching experience from College & High School Calculus, Statistics, Trig, Business Math, Algebra, Geometry REFERENCES Richard Condit, Esq., Senior Attorney Government Accountability Project x142; Jeff Ruch, Executive Director, PEER Public Employees for Environmental Responsibility Teresa Chambers, Chief, U.S. Park Police (cell)

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