Citing an unpublished opinion from the Attorney General’s Office of Legal Counsel, the Bush administration has declared that federal employees may no longer pursue whistleblower claims and protections under the Clean Water Act. As of now, EPA employees will have almost no protection from retaliation if they come forward with information about water pollution enforcement breakdowns, cleanup failures, or the deceptive presentation of scientific findings. Approximately 170,000 employees are affected by this ruling.
The EPA is no help at all. The agency is taking the position that its employees have no protections of any kind regarding any environmental statute.
This turnabout occurred because an EPA employee reported problems with contracts for toxic cleanups. She was rewarded $225,000 in punitive damages after she filed a retaliation suit, but the Department of Labor overturned the court’s decision.
The White House is claiming sovereign immunity for the EPA.