Tuesday, March 2, 2010

David L. Lewis v. U.S. Department of Labor

Feb 24: In the U.S. Court of Appeals, Eleventh Circuit, Case No. 08-12114. In this unpublished opinion, Dr. David Lewis petitioned the court for review of the final order of the U.S. Department of Labor Administrative Review Board (ARB) denying his whistleblower complaints against his employer, the U.S. EPA, brought pursuant to the employee protection provisions of the Clean Air Act (CAA); the Safe Drinking Water Act (SDWA); the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); the Toxic Substances Control Act (TSCA); the Federal Water Pollution Prevention and Control Act (FWPPCA); and the Solid Waste Disposal Act (SWDA).
    The case involves a dispute between two EPA employees regarding EPA's Rule 503 [See 40 C.F.R. § 503.1 (2009)] relating to the land application of biosolids. Lewis became concerned that heavy metals in sludge may be adverse to the public health and that the effects of pathogens in the sludge were not adequately investigated during the Rule 503 peer review process. The Appeals Court affirmed the ARB decision denying the complaints.
    Access the complete opinion (click here).