some of the waste facilities there [Rocky Flats] are patently “illegal”

Mary L. Walker briefing memo, ” … some of the waste facilities there [Rocky Flats] are patently ‘illegal.”

Briefing for Mary L. Walker for Meetings with Admiral Foley, General Counsel Farrell and with the Under Secretary on Rocky Flats.

On July 14, 1986 John Barton, a U.S. Department of Energy attorney, authored the briefing report for Mary L. Walker. The highlight of the report is on page 4:

“Rocky Flats, an NPL candidate, is in poor condition generally in terms of environmental compliance. We have basically no RCRA groundwater monitoring wells,
our permit applications are grossly deficient (some of the waste facilities there are patently “illegal”). We have serious contamination, and we have extremely
limited environmental and waste characterization data for a site of this complexity. There are CERCLA problems here which are within EPA’s exclusive
jurisdiction. Much of the good press we have gotten from the Agreement in Principle has taken attention away from just how really bad the site is. If we scrap the agreement and let ourselves fall into litigation, we are likely to find ourselves trying to win issues in a less than favorable context we have now finessed or avoided.”

The Briefing for Mary L. Walker for Meetings with Admiral Foley, General Counsel Farrell and with the Under Secretary on Rocky Flats was subsequently subpoenaed by Congress and entered the public domain. In about April 1987 the Rocky Mountain News published the existence of the Mary L. Walker briefing memo and quoted portions of the memo. The Mary L. Walker briefing memo established the predication to pursue an FBI and EPA criminal investigation of the Rocky Flats Nuclear Weapons Plant in May 1988.

Click to view the Briefing for Mary L. Walker memo.