Deb,
The Muhlenberg researchers make a number of valid points, but are they considered material. i.e., have the courts routinely reacted to these kinds of infractions?
If they have and are choosing not to do so in the case of Muhlenberg, you may have a case.
If they routinely overlook these kinds of errors, you probably don’t have a case even if, in the case of Plainfield, the consequences are huge.
When I was at the Department of Energy I briefed my administrator on my plan to comply with the Clinger Cohen Act, for about $80,000. Normally compliance would have cost 2 to 3 times as much. He looked at me and said he wasn’t going to do it. My response was that it was the law.
His retort was, “show me the Clinger Cohen Jail”.
Congress had passed the law, but it was devoid of Criminal penalties. It was good and important for sound management; but not managing according to the Clinger Cohen Act didn’t cost the agency anything.
Norman Dowe
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