Whistleblower Protection Blog : Whistleblower Lawyer & Attorney : National Whistleblower Legal Defense and Education Fund : Whistleblower Protection, Fraud Claims : Washington DC

Tune in Tuesday at 1:00pm EDT to Honesty Without Fear on Progressive Radio Network.

Guest Host Dr. David Lewis interviews fellow EPA whistleblower William Sanjour about his recent article "Designed to Fail: Why Regulatory Agencies Don't Work" in Independent Science News. Mr. Sanjour uses his 30 years of experience at the EPA to not only explain the problem, but also to offer some solutions. One of those solutions is to better protect the whistleblowers who raise concerns. Listen to Lewis and Sanjour discuss why administrative regulations are broken and why they failed to prevent events like the BP Oil Disaster.

You can take action to protect whistleblowers by signing the petition.
 
Submit Your Question to be asked on air during the show or call in to 1-888-874-4888.

Missed last week's episode?? You can listen to the podcast.

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Tune in today at 1:00pm EDT to Honesty Without Fear on Progressive Radio Network.

In the first half hour, Michael Kohn interviews Jim Bobreski, an Instrument and Control Technician who blew the whistle on the District of Columbia's water department for intentionally disabling the safety alarms on chlorine tanks kept within a mile of the U.S. Capitol. In 2005, a Department of Labor judge ruled that Mr. Bobreski was illegally fired, and that the District's Water and Sewer Authority was responsible for causing his discharge. Hear about his struggle to protect public health and safety.

In the second segment, Richard interviews Robert M. Danno, a whistleblower at the National Park Service (NPS). Mr. Danno is a decorated Park Ranger whose career was stunted after objecting to the destruction an NPS forest just to give Redskins owner Dan Snyder a better view of the Potomac River from his luxury home in Maryland. Mr. Danno discusses his experience, which is the subject of his new book, Worth Fighting For: A Park Ranger's Unexpected Battle against Federal Bureaucrats & Washington Redskins Owner Dan Snyder. Read a review of the Mr. Danno's book by the Association of National Park Rangers.

You can take action to protect whistleblowers by signing the petition.
 
Submit Your Question to be asked on air during the show or call in to 1-888-874-4888.

Missed last week's episode?? You can listen to the podcast.

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NWC's Board of Director member Dr. Marsha Coleman-Adebayo was interviewed by Travis Smiley last night on PBS about her book NO FEAR: A Whistleblower's Triumph Over Corruption and Retaliation at EPA.  

Watch Author Marsha Coleman-Adebayo on PBS. See more from TAVIS SMILEY.

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Tune in tomorrow at 1:00pm EDT to Honesty Without Fear on Progressive Radio Network.

In the first half hour, Steve Kohn and Lindsey Williams discuss the status of environmental whistleblower protections and how listeners can help by taking action.

In the second half hour, Richard Renner interviews Dr. David Lewis, a highly respected research microbiologist, about scientific integrity and his experience blowing the whistle on the EPA’s policy of promoting the land application of sewage sludge on farmland.

Submit Your Question to be asked on air during the show.

Missed last week's episode?? You can listen to the podcast.

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On June 30th, the National Whistleblowers Center will host a seminar for protecting environmental whistleblowers in the New Orleans area. The program, entitled Using the New Corporate Whistleblower Protections to Defend Environmental Whistleblowers, will be held at the Brown Foundation Center in Metairie, Louisiana from 1:00 pm to 3:00 pm CST.

Distinguished NWC Executive Director Stephen M. Kohn and myself will be the faculty for this special training. At this event, we will discuss how to use the whistleblower provisions enacted in the Dodd-Frank Act last July to protect environmental whistleblowers who raise concerns about corporations. We will also lecture on other whistleblower laws that can be used to help environmental whistleblowers and how to advocate on their behalf.

For lawyers who wish to attend, the program is CLE-approved for Louisiana, Texas, and Alabama. It is CLE-pending in Mississippi.

Discounts are available for those who REGISTER early by June 17th. Call (202) 342-1903 or e-mail ek@whistleblowers.org for discount codes. The regular price for the seminar is $295 with early bird discounts and reduced fees for ARS members and whistleblowers. For early bird discounts and more information, including agenda and faculty click here.

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The National Whistleblowers Center will be hosting a series of seminars this summer. The first two are in Denver on June 23rd and in San Francisco on June 27th. Stephen Kohn, Executive Director at the National Whistleblowers Center will host his seminar entitled The NEW Corporate Whistleblower Protections and Reward Provisions. The event in Denver will be held at the Browne Palace Hotel and Spa from 2:00 p.m. to 5:00 p.m. (MST). The San Francisco seminar will be hosted by TURN—The Utility Reform Network at their facility from 1:00 p.m. to 4:00 p.m. (PST). Both are CLE-approved for New Mexico, California, and Utah and CLE-pending in Colorado and Nevada (San Francisco is also CLE-pending in Oregon).

In Denver, Mr. Kohn will host a tutorial on the new whistleblower provisions in the Dodd-Frank Wall Street Reform and Consumer Protection Act, in addition to other key whistleblower laws. In San Francisco, Mr. Kohn will also lecture on the Federal Pipeline Safety Act as it relates to whistleblowers.

Attorneys will have the opportunity to learn how to use the new laws to effectively represent employees, combat fraud, and qualify for large whistleblower rewards.The regular price for the seminar is $295 with early bird discounts (register on or before June 10th) and reduced fees for ARS members and whistleblowers. For early bird discounts and more information, including agenda and faculty click here.

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It's been two weeks since Japan was struck by a horrific earthquake, followed by a massive tsunami. Since then, workers have been struggling to prevent or contain radiation leaks, explosions, fires, and power outages at the Fukushima Daiichi nuclear power plant. This tragedy has thrust the issue of nuclear safety into the forefront of American consciousness and debate. With 104 operating nuclear power plants in the U.S., how safe are we?

This week the Nuclear Regulatory Commission Office of Inspector General issued a startling report, stating that over 25% of the U.S. nuclear plants have failed to report "defects in basic components that could cause a substantial safety hazard," as required by law. The report, entitled "Reporting of Defects and Noncompliance" indicates that the types of defects which have gone unreported are those that "could cause the loss of a safety function" and/or cause an "individual component failure."

The Fukushima disaster and this OIG report provide a stark backdrop for America's so-called nuclear renaissance. For the first time in three decades, it appears that utility companies are serious about building new nuclear plants. Due to cost overruns, progress has been sluggish; however, the Obama Administration has pledged its full support, and tens of billions of dollars in subsidies.

If the recent OIG report tells us anything, it is that nuclear power, with its unparalleled potential for harm, is too dangerous to operate within our current corporate culture. The risks associated with nuclear power (including the safeguarding of nuclear waste, which poses a threat for decades after use) are magnified when companies betray the public trust time and time again by failing to adequately prioritize safety and compliance. 

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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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What Federal Laws Protect Environmental Whistleblowers?

Seven major federal environmental laws (Clean Air, Toxic Substances, Clean Water, Atomic Energy, Solid Waste, Safe Drinking Water and Superfund) have special provisions protecting employee whistleblowers.

Who Is Protected?

Almost any private sector or federal employee can be protected.

Who Can File a Complaint?

Any employee who believes he or she has been discriminated against in retaliation for "blowing the whistle" on a safety problem or environmental violation, or for engaging in other activity protected under the law.

What is Illegal Discrimination?

Adverse changes to the whistleblower's terms and conditions of employment are prohibited. This includes a wide range of actions from reprimands to terminations and blacklisting.

Where Should I File a Complaint?

These laws are administered by the U.S. Department of Labor (DOL). Complaints must be filed in writing and should be mailed to:

U.S. Department of Labor
Office of the Assistant Secretary
Occupational Safety and Health Administration - Room: S2315
200 Constitution Avenue
Washington, D.C. 20210
(202) 693-2000

What Are the Statutes Of Limitations?

A Complaint under six of the environmental statutes must be filed with the DOL in writing within 30 days of the time an employees learns that he or she will be, or has been, subjected to discrimination, harassment or retaliation.

Do Other Laws Protect Whistleblowers?

Many states have enacted laws to protect whistleblowers. Most of these laws have a longer statue of limitations and other benefits unavailable under federal law.

The National Whistleblower Center, as a matter of public service, has published a compilation of all Federal laws and regulations protecting whistleblowers. This book is available on the National Whistleblower Centers' publication site as a free download for whistleblowers and their political and legal advocates. Donations are recommended, and commercial users are required to purchase the book for $120.

What remedies are available to employees under the environmental whistleblower statutes?

Employees who prevail are entitled to:

• Reinstatement
• Backpay with interest
• A complete “make whole” remedy (including restoration of seniority/sick leave, etc)
• Compensatory damages (for emotional distress and loss of professional reputation)
• Attorneys’ fees and costs
• Affirmative Relief” (such as requiring a letter of apology and formal posting of the decision)
  
  

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