Subject: Case 3:24-cv-00755-JR
Importance: High
Dear Honorable District Judge Nelson and Honorable Magistrate Judge Russo
It is no exaggeration to state that our case already involves an environmental catastrophe similar in severity and scope to the Exxon-Valdez oil spill and may even exceed it.
Forgive me for interrupting your weekend and perhaps speaking out of turn, but I feel it is vitally important to impress upon you the extreme urgency of this situation. I am speaking here on a personal level to stress implications and avoid introducing new relevant facts not already part of the legal record.
My grave concern is that various legal proceedings and maneuverings will serve as a delaying action to make my request for an injunction a moot point because the dam is destroyed in the very near future – probably less than 10 days from now.
Because we are copying the defendant I assume this is not ex parte, but just in case, the rule says: Rule 2.9: Ex Parte Communications: Here are the initial clauses of this Rule:
(A) A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers, concerning a pending* or impending matter,* except as follows:
(1) When circumstances require it, ex parte communication for scheduling, administrative, or emergency purposes, which does not address substantive matters, is permitted, provided:
(a) the judge reasonably believes that no party will gain a procedural, substantive, or tactical advantage as a result of the ex parte communication; and
(b) the judge makes provision promptly to notify all other parties of the substance of the ex parte communication, and gives the parties an opportunity to respond.
Plaintiff has cc’ed Defendants Legal Counsel
Please consider carefully this analysis of the situation by the Siskiyou News, “It is no doubt that 5,000,000 yards of silt released from the Iron Gate Dam on January 23 is the cause of killing all of the aquatic life from the Iron Gate Dam to the Ocean on the Klamath River.”
Parts of the coastline at the mouth of the River have already been contaminated – we just don’t know at this point. It is an environmental remediation that will most likely involve the EPA because of extreme downstream damage that has already been inflicted between the Iron Gate dam and the Pacific Ocean.
There is no debate that the release of about 5-million metric yards of sediment from Iron Gate Dam on January 23, 2024 virtually killed all aquatic lifeforms in the Klamath River all the way to the coast.
https://www.siskiyou.news/2024/03/09/anyone-remember-the-1964-klamath-river-flood
I have filed for a case with the FBI to investigate violations of Federal law at the request of the Federal Prosecutor’s office.
If this injunction is not forthcoming very soon, the damage will be levels of magnitude greater and virtually irreparable. That last remaining dam is all that now stands between “the Devil and the deep blue sea.”
I am able to speak with authority on this issue because I’m a Chemical Engineer knowledgeable in Electrical and Hydraulics, which are required for such a project. Tragically, the actions taken to date have demonstrated a
level of technical expertise insufficient to remediate the mess that has already been created. For example, on one project I was responsible to purchase a billion dollars of semi-conductor equipment, so I know how to manage
a large project like this without issues.
As everybody knows, our concern is that ill-trained amateurs have somehow persuaded a committee of ill-informed bureaucrats to circumvent Congress and Federal law to take an extremely ill-advised action. No legal right has been granted by Congress to remove any dam without Congressional approval, let alone the last remaining Iron Gate Dam on the Klamath River. It is imperative that the destruction of the Iron Gate is stopped immediately. To summarize the situation:
1. We have a Confession to gross negligence in killing 2,000 fish and an elk herd without permits, which pales in comparison to:
2. Dumping of contaminated silt which already killed all aquatic life below the dam to the ocean.
3. The threat of destroying all flood control which will cost an estimated $50,000,000+ annual cleanup, based on the 1964 flood damage costs
4. Atmospheric pollution caused by arsenic and other potential contaminants that we don’t even know about yet from the dried sediment blowing in the wind
5. Alleged violation of at least 3 Federal laws, including environmental laws
Again, may I stress that I am not saying anything that has not already been introduced in court.
If this project was turned over to my team we would:
1. Repair the existing vandalism
2. Install a fish ladder on Iron Gate Dam.
3. Dredge behind it all the way to the top of the river after chemically analyzing the silt and mitigating any contaminants in the silt.
Defendants’ two recent pleadings have only served to muddy the water (no pun intended) by what I believe to be misinterpretation of the relevant statutes and case law. I only mention these things because I believe various legal procedures may serve as a delaying action to make the injunction a moot point because the dam is destroyed.
Please grant the injunction that Plaintiff has asked without further delay. I will fix this mess for you in 3 to 5 years. It will take all of Defendants’ allotted funds – and probably more – to fix this. But performance of these critical cleanup duties is clearly beyond the defendants’ level of expertise.
This is so serious that I felt it was imperative to initiate an ongoing FBI investigation at the request of the Federal Prosecutor. It may need to be reported directly to EPA after I have determined the exact severity of the calamity and damages to the multiple estuaries. It is likely to include things such as depth of the silt on the estuaries, the exact nature of the poison and contaminants in the silt, and other important factors.
Respectfully,
Professor Dave White, Chemical Engineer
The issue with the salmon in the Columbia river is not the dams. It’s the sea lions.
We can help you write an injunction against what this judge did based on junk science. As long as a dam has a fish ladder then the fish are trained to go there. However like the Columbia river the Sea Lions wait at the fish ladder entrance downstream of the dam. https://salmonprotectiondevice.com/
Dave White Chemical Engineer with Graduate 461 Statistics.
503-608-7611