Federal Jury Awards $6.5 Million In Damages For Improper Regulatory Conduct At DEP

In an unprecedented decision, a Federal Court jury this week awarded MFS, Inc., formerly of Bethlehem, Pa, $6.5 million in damages for alleged regulatory misconduct by four employes from the Northeast Regional Office of the Department of Environmental Protection.
The four employees, which were sued as individuals, are Michael Bedin, Director of the Northeast Regional Office; Thomas DiLazaro, former Air Quality Program Manager; Mark Wejksner, current Air Quality Program Manager; and Sean Robbins, an attorney with the agency.
The jury found the four employees acted outside their official capacities in issuing notices of violations and enforcement actions involving odor complaints at the facility and in considering a Title V air quality permit for the facility in such a way as to violate the First Amendment rights of MFS, Inc., violate its right to due process and treated their case uniquely, violating the equal protection clause of the federal constitution.
MFS, Inc. filed the lawsuit in 2008 after it said it was forced to shutdown.
As a result, the jury awarded MFS, Inc. judgments of $2.6 million in damages from DiLazaro, $1.6 million in damages from Bedrin, $1.6 million in damages from Robbins and $650,000 in damages from Wejkszner.
A copy of the jury findings is available online.
DEP spokesperson Neil Weaver told the Associated Press the agency disagrees with the findings and intends to appeal the decision.
NewsClip: Jury Awards $6.5 Million In Suit Against 4 PA Officials