ABOUT

Smart discussion of the latest science and news on toxins in your food, water, and air, and what government agencies should be doing to protect public health. Written by EWG staff.

DONATE TO EWG!

Help us protect your health and environment!  Please donate $5 to EWG today.

GET EWG'S TIPS & ACTION ALERTS

Sign Up here to receive email updates and tips from EWG and stay informed on the issues that matter most to you.

ENVIROBLOG VIA EMAIL

Delivered by FeedBurner

 Enviroblog in your Reader

Get EWG widgets & blog badges.

Join EWG's live chat with Chef Ann Cooper

School lunch: More fruits & veggies, please!

Texas Schools are Drilling for Dollars

Why do blowouts take so long to fix?

SEARCH ENVIROBLOG

FIND PAST POSTS

select month November 2010 October 2010 September 2010 August 2010 July 2010 June 2010 May 2010 April 2010 March 2010 February 2010 January 2010 December 2009 November 2009 October 2009 September 2009 August 2009 July 2009 June 2009 May 2009 April 2009 March 2009 February 2009 January 2009 December 2008 November 2008 October 2008 September 2008 August 2008 July 2008 June 2008 May 2008 April 2008 March 2008 February 2008 January 2008 December 2007 November 2007 October 2007 September 2007 August 2007 July 2007 June 2007 May 2007 April 2007 March 2007 February 2007 January 2007 December 2006 November 2006 October 2006 September 2006 August 2006 July 2006 June 2006 May 2006 April 2006 March 2006 February 2006 January 2006 December 2005 November 2005 October 2005 September 2005 August 2005 July 2005 June 2005 May 2005 April 2005 March 2005 February 2005 January 2005 December 2004 November 2004 October 2004 September 2004 August 2004 July 2004 June 2004 May 2004 April 2004

FEATURED

Support the 2010 Safe Cosmetics Act. It's Urgent.

Why, oh why is there plastic in my aluminum water bottle?

Cell phone radiation series - Part 2: 8 Ways to reduce your exposure

So what products CAN we use?

Test Your Knowledge of Cosmetics Safety: 8 Myths Debunked

EWG's Tips for Parents: The Series

EWG's Tips to avoid BPA exposure

EWG on TV

Cutting the Pork from U.S. Farm Bill

Toxic Tub?

Sunscreen safety & DC drinking water

Perchlorate in people, kids' personal care products & plastics, and sunscreen

BPA in baby formula & safe cosmetics

Ask EWG

What can I do about fluoride in my water?

What is new carpet treated with? What can I do?

What is "fragrance"?

Which infant formula is best?

Are stainless steel water bottles safe?

Is mineral-based makeup safer?

Ask EWG Archives

PEOPLE TALKING TOXICS

Breast Cancer Fund

The Daily Green

Eco Child's Play

Environmental Defense Fund

Green Moms Carnival

Grist

Healthy Child, Healthy World

Huffington Post Green

NRDC's Switchboard

Organic.org

Safer States

TreeHugger

TALK TO US

Did we miss something? Email Enviroblog.

« In the news: September 6, 2006 | Main | Pesticides found in all 168 daycare centers tested »

Bush slashes eco-whistleblower protection laws

From a press release issued on Labor Day by Public Employees for Environmental Responsibility (PEER):

WASHINGTON, D.C. - The Bush administration has declared itself immune from whistleblower protections for federal workers under the Clean Water Act, according to legal documents released today by Public Employees for Environmental Responsibility (PEER). As a result of an opinion issued by a unit within the Office of the Attorney General, federal workers will have little protection from official retaliation for reporting water pollution enforcement breakdowns, manipulations of science or cleanup failures.

Citing an “unpublished opinion of the [Attorney General’s] Office of Legal Counsel,” the Secretary of Labor’s Administrative Review Board has ruled federal employees may no longer pursue whistleblower claims under the Clean Water Act. The opinion invoked the ancient doctrine of sovereign immunity which is based on the old English legal maxim that “The King Can Do No Wrong.” It is an absolute defense to any legal action unless the “sovereign” consents to be sued.

The opinion and the ruling reverse nearly two decades of precedent. Approximately 170,000 federal employees working within environmental agencies are affected by the loss of whistleblower rights.

“The Bush administration is engineering the stealth repeal of whistleblower protections,” stated PEER General Counsel Richard Condit, who had won several of the earlier cases applying environmental whistleblower protections to federal specialists. “The use of an unpublished opinion to change official interpretations is a giant step backward to the days of the secret Star Chamber.” PEER ultimately obtained a copy of the opinion under the Freedom of Information Act.

At the same time, the U.S. Environmental Protection Agency (EPA) is taking a more extreme position that absolutely no environmental laws protect its employees from reprisal. EPA’s stance would place the provisions of all major federal environmental laws, such as the Clean Air Act and the Safe Drinking Water Act, beyond the reach of federal employees seeking legal protection for good faith efforts to enforce or implement the anti-pollution provisions contained within those laws.

These actions arose in the case of Sharyn Erickson, an EPA employee who had reported problems with agency contracts for toxic clean-ups. After conducting a hearing, an administrative law judge called EPA’s conduct “reprehensible” and awarded Erickson $225,000 in punitive damages but the Labor Secretary overturned that ruling.

“It is astonishing for the Bush administration to now suddenly claim that it is above the law,” said PEER Senior Counsel Paula Dinerstein, who is handling Erickson’s appeal of the Labor Secretary’s ruling to the U.S. Court of Appeals for the 11th Circuit based in Atlanta. “Congress could end this debate by simply declaring that it intends that the whistleblower protections of these anti-pollution laws apply to the federal government.”

PEER News Release: BUSH DECLARES ECO-WHISTLEBLOWER LAW VOID FOR EPA EMPLOYEES

« In the news: September 6, 2006 |