An August, 2007, confidential memo that the Lone Tree Council recently obtained from the EPA, apparently by accident, using the Freedom of Information Act (FOIA), contains a scathing criticism regarding the improper handling of the remediation process by both the Governor’s office and the Department of Environmental Quality (DEQ). The memo noted that Dow Chemical has gained unprecedented access to the Governor and DEQ Director, Steven Chester:
“Dow has often elevated regulatory matters (normally resolved at a staff level) to upper level management at MDEQ…Dow used this approach in negotiating the 1/20/05 Framework Agreement (FA) between Dow and the State of Michigan which contains conditions that have limited the ability of MDEQ to require timely and comprehensive corrective action in the Saginaw Bay watershed. The FA was negotiated between the Governor’s office, senior management at MDEQ, and Dow…Dow has used the alternative dispute resolution (ADR) process, initiated in this matter in 2005, to keep non-confidential information from the public.”