WASA BOARD RETAINS LAW FIRM TO REVIEW MANAGEMENT OF ELEVATED LEAD LEVELS IN WATER

March 04, 2004

The Board of Directors of the District of Columbia Water and Sewer Authority (WASA) today announced that it has retained a law firm and two distinguished academic experts to investigate WASA’s management of elevated lead level sampling and notification. The investigation will be conducted by Covington & Burling, an internationally recognized law firm headquartered in Washington, DC. Heading the investigation is Covington partner Eric H. Holder, Jr., the former U. S. Attorney for the District of Columbia and former Deputy Attorney General of the United States, the number two position in the U. S. Department of Justice.

The investigation will examine WASA’s actions regarding elevated levels of lead in the District water supply and will include a review of WASA’s compliance with all applicable laws; how the board and management team executed their duties and responsibilities; and whether WASA’s communications and interaction with the Environmental Protection Agency, the D. C. Department of Health, its customers, and other external organizations were appropriate. The investigation is expected to be completed and results published in 60 days. The investigation was approved at today’s meeting of the 11-member board of directors of WASA, which has representatives from the District of Columbia, Montgomery County, Prince George’s County and Fairfax County.

“While I believe the WASA board and management have at all times fully complied with the law on this point, it is important to have an independent investigation of the issues. We want to put to rest any questions the public may have, and to restore public confidence in WASA,” said Glenn S. Gerstell, Chairman of the WASA Board. “We believe the best way to do this is to engage someone of Mr. Holder’s experience and integrity to investigate this issue. Mr. Holder will have free reign and we are looking forward to his report and recommendations.”

“We want this review to focus not only on the legal issues, but also the entire scope of WASA’s responsibilities. Therefore, the Board has arranged for two distinguished experts in the field of public administration and public health to assist the law firm,” said Gerstell. “I am pleased that Kathryn Newcomer, Director of the School of Public Policy and Administration, George Washington University, and a highly regarded authority on governmental issues, and Dr. Lynn R. Goldman, a pediatrician and epidemiologist at the Johns Hopkins University Bloomberg School of Public Health, will aid in the investigation. Their expertise will help insure the review is thorough and looks at the issues of government agency cooperation and public health dimension at all levels.”

“Covington & Burling are undertaking this investigation at a substantial discount recognizing the public service aspects of this assignment,” Gerstell added. Covington does not do business with WASA and they have conducted a conflict of interest search to make sure there will be no appearance of any conflicts.

“I welcome this investigation,” said Jerry Johnson, WASA General Manager “We believe we have acted responsibly with our customers, honestly with the federal agencies that regulate us, and openly with local government agencies. I, too, look forward to Mr. Holder’s findings and believe that facts will overcome fear.”

Biographies of Mr. Holder and Professors Newcomer and Goldman are attached.

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