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By Dan Telvock
ALBANY COUNTY, N.Y. (WIVB) — A former state Department of Environmental Conservation engineer has accused the agency of retaliating against him for blowing the whistle on Goodyear Tire & Rubber Co. in Niagara Falls over alleged underreporting of toxic air emissions, according to complaints filed in state and federal courts.
Dylan Keenan, a former DEC engineer for the Division of Air Resources, began warning his supervisors in 2023 that the Goodyear plant was exceeding safe limits for various toxic chemicals, including ortho-toluidine. Keenan also contacted the U.S. Environmental Protection Agency with his concerns, warned state agencies in Ohio and Connecticut about Goodyear’s practices, and contacted other agencies hoping to spark a criminal investigation of Goodyear.
At the same time, Keenan alleges DEC officials attempted to silence him by directing him to stop contacting other agencies about his concerns without the permission from supervisors.
In August 2024, the DEC filed a notice of discipline containing eight charges against Keenan.
In July of this year, an arbitrator upheld charges of insubordination, inappropriate conduct, using his work email to send confidential records to his personal email account, and violating the confidentiality of, and interfering with, an internal investigation.
Specific allegations by the DEC include:
- Keenan used his position to obtain a personal benefit by demanding the agency remove construction debris left on his property by a contractor;
- Keenan violated a directive prohibiting him from communicating with the EPA without supervisory approval; and
- Keenan violated a directive not to discuss the agency’s internal investigation with other DEC employees.
In July, the DEC terminated Keenan’s employment based on the arbitrator’s 95-page decision, which found the agency had established a “fundamental breach of trust.”
“Indeed, the Charges that have been established in this proceeding demonstrate a pattern of intentional conduct rather than isolated mistakes in judgment,” the arbitrator wrote. “The Grievant knowingly disregarded established State and DEC policies and supervisory directives, engaged in repeated acts of insubordination, and acted outside the scope of his authority after being clearly instructed regarding the proper procedures to follow. Rather than exercising poor judgment on a single occasion, Grievant repeatedly chose to substitute his own judgment for that of DEC management.”
On Oct. 2, Keenan filed a petition in Albany County Supreme Court seeking to vacate the arbitrator’s decision and appoint a new arbitrator to reconsider his disciplinary case. The petition was filed one day after Goodyear announced it would close its Niagara Falls facility at the end of October.
The petition in state supreme court argues that Keenan engaged in protected whistleblower activity when he disclosed concerns about Goodyear’s practices to multiple federal and state agencies.
Keenan alleges supervisors instructed him to remove or water down substantive information regarding “falsified data submitted by Goodyear”, including information about the dangers of o-Toluidine and its link to bladder cancer among some workers. He also claims he was ordered to refrain from contacting other agencies about his concerns with Goodyear.
“With each day that the NYSDEC chose inaction and failed to implement interim-safety measures with respect to Goodyear’s emissions, the health and safety of the community in which the Goodyear plant was located suffered substantially because this community was unlawfully exposed to illegal emissions containing a known carcinogen and other harmful chemicals,” the petition states.
Keenan filed his federal civil rights lawsuit on Sept. 17, alleging the DEC’s retaliation violated his right to free speech.
“All of the grounds for discipline were intertwined with his speech,” according to his federal lawsuit filed in U.S. District Court for the Nortern District of New York. ” Further, the allegations concerning plaintiff’s seeking that DEC order a contractor to remove debris that were placed on his property would not have been prosecuted and would have been regarded as de minimis in the absence of the charges which sought to interfere with plaintiff’s constitutionally protected speech.”
The federal lawsuit seeks back pay , the return of lost pension benefits, and punitive damages, among other things.
Keenan worked in the Division of Air Resources beginning in December 2010 and has been a licensed engineer for 25 years. Earlier this year, he received the NYS Environmental Justice Hero Award for his whistleblowing activities related to the Goodyear plant. According to his federal lawsuit, Keenan received good or satisfactor rating from his supervisors prior to him raising concerns about Goodyear’s operations.
The DEC said Tuesday it does not comment on pending litigation.
