. . . "During the hearing on June 12, 2002 counsel for Staats and the WVDEP [West Virginia Department of Environmental Protection] conceded that Staats and the WVDEP have destroyed and otherwise failed to save and preserve various records, documents, including drafts, correspondence, emails and other documents relating to the WVDEP???s investigation of C-8 all of which were subject to the Subpoena." . . .