NWC Demands Attorney General Hold the Offshore Oil Industry Liable for Fraud in the Gulf

Posted on June 15, 2010 by Lindsey Williams

Attorneys for the NWC submitted a letter to Attorney General Eric Holder calling for an investigation of BP and the entire oil industry, including contractors and subcontractors, for fraud committed against the U.S. government. The letter explains that the False Claims Act, the most powerful law available to deter fraud and enforce federal regulations, is the best legal to available to the Department of Justice to hold BP accountable for the full extent of their actions.

The letter outlines a number of the misrepresentations BP made to obtain authorization to drill at the Deepwater Horizon rig, and explains, "while the purpose of the False Claims Act is not to protect the environment per se, it is applicable in this case because it is intended to ensure honesty and openness when companies do business with and obtain benefits from the United States, such as a lease." (Read the full letter here).

This is a topic we have written about before, and we continue to advocate for whistleblower protections for oil industry employees. Members of the public can take action by sending letters to Congress supporting best practice whistleblower policies. Employees looking for legal advice can contact the Attorney Referral Service of the National Whistleblower Legal Defense & Education Fund.

The NWC press release is available here.

*Meryl Grenadier (NWC Fellow) drafted this post.

 

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Ricky Lee Campbell wins temporary reinstatement to Massey coal mine

Posted on June 14, 2010 by Richard Renner

National Public Radio (NPR) is reporting that a federal administrative judge has ordered that the Massey Coal Company temporarily reinstate whistleblower Ricky Lee Campbell while his retaliation case is pending.  Campbell drove coal shuttle cars and bolted mine roofs at the Upper Big Branch and Massey's Slip Ridge Cedar Grove mine.  He complained about problems with the brakes and power pedals.  He was fired before the April 5 explosion killed 29 of his coworkers.

The Federal Mine Safety and Health Act, 30 U.S.C. § 815(c), contains one of the best preliminary reinstatement provisions for whistleblowers.  Unless the administrative judge finds that the complaint is frivolous, then the law requires that the whistleblower get a preliminary reinstatement order to keep working while the case proceeds. That is the order Campbell has just received.

The Mine Safety and Health Act has a short statute of limitations, though -- just sixty (60) days.  This type of unevenness (laws strong on some points and weak on others) shows why we need a comprehensive whistleblower law that will give all whistleblowers the benefits of modern whistleblower laws.  Massey, meanwhile, is promising to appeal the order reinstating Campbell.

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