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Plant Owner Says EPA Nearly Ruined His Business
Hendersonville Times-News ^ | January 15, 2005 | Joel Burgess

Posted on 01/15/2005 8:19:30 AM PST by Gritty

PENROSE -- A metal stamping plant owner says he plans to sue EPA criminal investigators for at least $10 million over a fruitless investigation that nearly ruined his business.

Steve McNabb, whose wife, Jan, owns American Carolina Stamping, this week said he is gathering information to sue members of the Environmental Protection Agency's Criminal Investigation Division for discrimination and retaliation during a more than four-year investigation of the Transylvania County company.

EPA officials Friday said they would not comment on specifics because of a Freedom of Information Act request made by U.S. Rep. Charles Taylor, R-Brevard, regarding the investigation.

McNabb said he plans to sue for $10 to $15 million for lost business, attorneys fees and other damages.

"When you're under criminal investigation you can't take government contracts," he said. "Sixty-five percent of our business was government contracts."

Raid, lawsuits

On Jan. 15, 1999, CID and other law enforcement officers raided the plant that manufactures wire forms, electrical contacts and metal stamping products. Officers were acting on tips that the plant between U.S. 64 and Old Hendersonville Highway was improperly disposing hazardous waste, including a hexane-based solvent, commercially sold as Zep.

"The investigation to date has revealed the illegal storage and disposal of hazardous waste by American Carolina Stamping," special agent Tyler Amon said in his request for a search warrant.

McNabb contended that the solvent was too expensive to dump and that he reuses it until it evaporates. Zep is only considered a hazardous waste because of its flammability, he said.

McNabb said tips came from disgruntled employees and that the investigation was retaliation for insults he lobbed at the initial investigator, an N.C. Department of Environment and Natural Resources employee.

He enlisted the help of federal and state politicians as the investigation continued and garnered media attention including an appearance on the CBS news program 60 Minutes, which looked at alleged abuses by the CID.

As is the custom of federal law enforcement groups, the CID refused to talk about the case while it was open or even to confirm whether such an investigation existed.

Meanwhile, McNabb uncovered information from DENR pointing to the wire tapping of his phone. In 2000 he brought a conspiracy lawsuit against the CID, but the $6 million complaint was denied because of the federal agents' special immunity.

In 2003, 10 months before the expiration of the five-year limit on investigations, the EPA closed the case against McNabb. The organization then took up civil action against him. But in November it dropped that too.

Building a case

In recent action McNabb sued successfully to unseal special agent Amon's affidavit.

His next move, he said, is to build a case to get information about the investigation itself. McNabb said he doubted EPA would respond to his request, so he went through Congressman Taylor, who filed a Freedom of Information Act request Aug. 4.

Asked what the difference was between a congressional FOIA request and an one originating from an ordinary citizen, Washington EPA spokesman Pete Rosenberg said he wasn't sure there was one.

"I just know that it is being worked on," he said of the request.

Another avenue for members of Congress to get such information, Rosenberg said, would be through oversight rules.

Taylor aide Richard Faulkner could not be reached for comment, but in a telephone message Faulkner said he anticipated the request would be finished soon.

A Jan. 11 letter to Taylor from EPA Principal Deputy Associate Administrator John Reeder said he expected information on the investigation would be released "in the next several weeks."

"We have compiled a large amount of information responsive to your recent request, and are currently reviewing the files to determine what is releasable under FOIA," Reeder said.

Rosenberg and EPA Atlanta-bureau spokesman Fred Burnside would not comment as to whether the agency was feeling extra pressure from Taylor.

As a chairman of an appropriations subcommittee, Taylor controls federal purse strings and can bring to bear financial pressure on various departments. In addition, the banking and timber baron has proven a tough foe to environmental organizations.

Justification

Organized in 1982 the CID has a staff of 200 and handles criminal investigations of environmental violations.

Like other law enforcement officers, CID agents are armed and use body armor. They receive nine weeks of training, including one on the use of protective gear, such as respirators.

In the lawsuit McNabb said he wants to go after the organization itself, which he said takes on investigations as a way to justify its existence.

"I believe that people do dumb things and I think we should have environmental rules, but we don't need this," he said. "Their modus operandi is to throw it in a pile for five years, let the company go bankrupt and start again."

But the EPA spokesmen pointed to increased demands placed on the CID, including its pairing with other law enforcement agencies to assess possible environmental threats during and after Sept. 11.

"We had a tremendous amount of officers assigned to help at both the World Trade Center, the Pentagon and the plane crash in Pennsylvania," Burnside said.

Officers, he said, are present at such events as the Super Bowl, the G8 Summit and national political party conventions.

According to a November press release, the CID charged 293 defendants with environmental crimes in fiscal year 2004, or 46 more than the year before.


TOPICS: Business/Economy; Constitution/Conservatism; Front Page News; Government; US: North Carolina
KEYWORDS: environment; epa; govwatch; lawsuit; libertarians; manufacturing; pettypowermongers
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1 posted on 01/15/2005 8:19:30 AM PST by Gritty
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To: Gritty

Special agent Tyler Amon - apparently an FOB (friend of bill) eco-terrorist - needs to be sent to prison and see if 'bubbah' wants to 'investigate' his sites.


2 posted on 01/15/2005 8:27:25 AM PST by steplock (http://www.outoftimeradio.org)
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To: Gritty

I hope this guy disembowels the EPA.


3 posted on 01/15/2005 8:28:03 AM PST by stboz
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To: Gritty
In 2000 he brought a conspiracy lawsuit against the CID, but the $6 million complaint was denied because of the federal agents' special immunity.

Special immunity? So the CID gets to act any way it wants with zero accountability. Who looks after the secret police? Apparently there's no recourse unless CID agents choose to arrest themselves.

4 posted on 01/15/2005 8:28:27 AM PST by Excuse_My_Bellicosity (Gun-control is leftist mind-control.)
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To: Gritty

Quote: Steve McNabb, whose wife, Jan, owns American Carolina Stamping

This is very common. Men will put their business in their wife's name because the gov't has to give so many contracts to female owned business.

I know at least 3 men that have done this. Their wives do not even know which key unlocks the front door.


5 posted on 01/15/2005 8:29:00 AM PST by superiorslots
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To: Gritty

Apparently the owner doesn't realize that it is public policy to force such businesses to China.


6 posted on 01/15/2005 8:29:02 AM PST by Voltage
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To: Gritty
In 2000 he brought a conspiracy lawsuit against the CID, but the $6 million complaint was denied because of the federal agents' special immunity.

This is Bill Klinton's/Al Gore's wet dream: special environmental police that are beyond any accountability.

7 posted on 01/15/2005 8:29:55 AM PST by Excuse_My_Bellicosity (Gun-control is leftist mind-control.)
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To: Gritty
According to a November press release, the CID charged 293 defendants with environmental crimes in fiscal year 2004, or 46 more than the year before.

And how many convictions?????
8 posted on 01/15/2005 8:31:08 AM PST by VIDADDICT ("A news man is always fully-cocked, Andy." - Les Nessman)
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To: snopercod

ping.

I remember reading about this guy's trouble a year or two ago. Is this place near the railroad tracks and hwy. 64? (If so, I thin I applied for a job there around 1980)


9 posted on 01/15/2005 8:35:40 AM PST by Rebelbase (Who is General Chat?)
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To: farmfriend


10 posted on 01/15/2005 8:39:35 AM PST by Libertarianize the GOP (Make all taxes truly voluntary)
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To: Voltage
"Apparently the owner doesn't realize that it is public policy to force such businesses to China."

You nailed it.

Try to operate a successful business in the US, and you get a boot in the butt, starting with the state and then fed government.

Move your base of operations to China..you get a pat on the back.

This BS which really accelerated under the Bubba Admin, has to change now that the pubs have a 'mandate'.

We are watching and waiting for results.
11 posted on 01/15/2005 8:41:50 AM PST by Dat Mon (will work for clever tagline)
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To: steplock

Yep. We now have environmental police that are beyond prosecution for misconduct because they have "special immunity". We're not talking about the former USSR, Maoist China, or Nazi Germany. Nope, it's the good ole US of A. Very nice.


12 posted on 01/15/2005 8:45:54 AM PST by Excuse_My_Bellicosity (Gun-control is leftist mind-control.)
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To: Gritty

Sounds like the EPA and the IRS both have agents who use their jobs to work off their own personal feuds.


13 posted on 01/15/2005 8:46:55 AM PST by sgtbono2002
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To: Gritty
Steve McNabb

VS

EPA

Yep, sounds fair to me. I hope he wins, but will he get re-imbursed for even more time and lawyers fees? I hope he kicks their ass!


14 posted on 01/15/2005 8:50:30 AM PST by unixfox (Close the borders, problems solved!)
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Comment #15 Removed by Moderator

To: Gritty

The EPA is the epitome of the term "enviro-nazi's". Most criminal investigations go completely un-checked, and most 'tips' that the agency investigates comes from disgruntled employees (who almost always have an axe to grind). These people have near limitless power nad can ruin you in short order if they so choose. I hope this guy nails their hides to the wall!


16 posted on 01/15/2005 8:54:10 AM PST by Space Wrangler
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To: Gritty
McNabb said he plans to sue for $10 to $15 million for lost business, attorneys fees and other damages. And we wonder why we are off shoring so much of our manufacturing.... I wonder how many more people could have been hired were it not for the whims of some unelected, unaccountable EPA bureaucrats
17 posted on 01/15/2005 8:58:53 AM PST by somniferum
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To: Gritty
It's absurd how much time and money we spend on completely non-productive activities.
18 posted on 01/15/2005 9:06:52 AM PST by snowsislander
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To: Rebelbase
Right. That's the place. Older threads:

Suit Filed Over 1999 EPA Raid (EPA, DENR, Janet Reno) Posted by snopercod 04/21/2000

Businessman describes EPA raid to '60 Minutes' Posted by Gritty 03/26/2001

I think there is one other thread, if I can find it.

19 posted on 01/15/2005 9:19:46 AM PST by snopercod (Due to the graphic nature of this tagline, viewer discretion is advised.)
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To: superiorslots
Hey, dude...P/C liberals wrote those rules....

If vesting the company in the little lady's name works, so be it.

20 posted on 01/15/2005 9:22:24 AM PST by pointsal
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