In a surprising move on Thursday, the Environmental Protection Agency issued a directive to two of its employees to either make changes to a YouTube video they created or face disciplinary action. The video, titled The Huge Mistake, warns against the passing of the Waxman-Markey climate change bill and argues that the legislation will not do for the environment what politicians claim it will do. The directive came after the two EPA attorneys had already received permission to proceed.

Laurie Williams and Allan Zabel are a married couple who have worked for the EPA for more than twenty years in their San Francisco Regional office. They believe their experience working for the agency, along with Zabel’s specific experience with California’s cap and trade law, provide them with ample credibility to speak to the issue of the energy legislation that will soon be under consideration by the Senate. In order to get their information to the public they created the You Tube video that kicked up such a fuss at the EPA.

The couple are members of the Public Employees for Environmental Responsibility group or PEER. The organization, a national nonprofit alliance of local, state and federal scientists, land managers and other professionals, is dedicated to upholding environmental laws and values. The group’s goal is to provide public employees — whom they call a “crucial and untapped resource in the conservation movement” — an opportunity to share their expertise and knowledge.

On October 31 the crusading couple posted an op-ed piece in the Washington Post expressing the same views as in their video. According to Jeff Ruch, PEER executive director, in an interview with OhMyGov.com, it was this that brought the EPA pot to a boil. “Note that the EPA ethics officer had already approved the video, but was reversed only after the Washington Post op-ed piece was published.”

This is not the first case that PEER has brought to the attention of the public. In December 2003, Chief of the U.S. Park Service Teresa Chambers was terminated by the Dept. of Interior shortly after giving an interview about low staffing levels to the Washington Post.  PEER is participating in her ongoing court battle.

Back in March of 2000 Arizona State Park Officials fired seven-year employee Matt Chew for writing about Karchtner Caverns in a manner they though reflected poorly on the park. Arizona State Parks Director Kenneth Travous said it brought “discredit and embarrassment to the state.” When we spoke with Ruch, he said that “PEER mounted a First Amendment lawsuit and the employee was restored.”

In this current You Tube situation, PEER is waiting to see what develops. “Laurie Williams and Allan Zabel are both attorneys and are reviewing their options, including litigation and administrative appeal.  PEER stands ready to assist them in any way they request,” said Ruch.

The EPA has not asked the couple to remove the video entirely or change their opinion of the legislation.  What the agency has requested is that Williams and Zabel remove the pictures and the references to their involvement with the EPA. Specifically, EPA officials do not want the couple to say that their opinions are “based on more than 20 years” of working at the agency or show a picture of the San Francisco office.

Asked whether it wasn’t reasonable for the EPA to request some relatively mild editing on a YouTube piece, Ruch was unequivocal. “EPA’s editing requests are ridiculous and intended to silence free speech.  The EPA is abusing ethics rules to gag two conscientious employees who have every right to speak out as citizens.”

EPA General Counsel Scott Fulton issued this statement about the controversy. “We have nearly 18,000 employees and are all of them are free to — and many do — publicly express their views on issues of the day, including issues that are central to EPA’s mission. The only requirement is that employees adhere to the government’s ethical regulations, which are in place to ensure that EPA and other agencies maintain the highest possible ethical standards at all times.”

“The EPA couching these edits in terms of ‘ethical considerations’ is especially disingenuous,” responded Ruch. EPA Administrator Lisa Jackson’s January 2009 memo to employees saying that they would operate as if they were in a “fishbowl” doesn’t appear to be quite accurate anymore either. According to Ruch it doesn’t have to be this way.

“It is noteworthy to contrast the approach adopted by the U.S. Fish and Wildlife Service, which has a new open publication policy,” he said. The Wildlife service has stopped requiring employees to provide a detailed report on whatever they wish to publish and only ask that all publications include a short disclaimer. A little disclaimer, apparently, can go a long way. 

Here's the video... what do you think?