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Bush Says EPA Immune From Protections for Federal Whisteblowers

Citing an unpublished opinion from the Attorney General's Office of Legal Counsel, the Bush administration has declared that federal employees may no longer pursue whistleblower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.

Posted by Diane E. Dees on 09/05/06 at 7:17 PM | E-mail | Print



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Comments

This is clearly not a case of SNAFU, rather it is clearly a case of FUBAR by George W. Bush, the decider. And we have to put up with this good for nothing bum for almost 2 1/2 more years.

Can America survive that long so some of us can begin to repair the enormous damage done to OUR COUNTRY. Can the world survive that long. It surely seems that the Bushies will concoct another 9/11, destroy the voting process in Ohio, my state and especially in the confederate states. Or will the commander in crime bomb eye-ran.

I can't wait that long because I don't have that long to live, hopefully something good will happen in November, 2006, but I'm not holding my breath.

Posted by: Bob DAmico on 09/06/06 at 8:32 AM

Unfortunately, we in these United States get what we deserve. We timidly sat by and stuck our heads in the ground while the sanctimonious, hypocritical fundamentalist religious nut-job righties raked President Clinton over the coals for activity that was his own darn business, between him, the consenting adult woman, and his wife Hillary. We sucked our thumbs while the inane Limbaugh 'Ditto heads' (isn't that an idiotic, but appropriate label for these moronic zombies?) facilitated the electoral coup d'etat during the 200 election, and the 2004 repeat delivered by the shadow government puppet, the Diebold company, in Ohio. 45-freak'n percent of our populace still believes that Iraq had something to do with 'the war on terror'! Democrats, liberals, progressives, and independents (and people sick of the ever encroaching drive to a theocratic state) sit by an do nothing while the well-organized, yet brain-dead, zombies from the right destroy our present and ruin our future. VOTE, people! VOTE! Get off your duffs and VOTE! VOTE DEMOCRAT! Then, after we put the Republican loonie tunes back in the minority, maybe then we can pursue a third party, a party of true progressive values, for our future.

Posted by: Star Gazer on 09/06/06 at 8:48 AM

One wonders how whistleblowers in FEMA and other Federal Ageincies will make out. Are they going to be subject to the same problems trying to do the right thing?

Whatever happened to ACCOUNTABILITY?

Posted by: bj on 09/06/06 at 8:52 AM

In your article entitled "Bush says E.P.A. Immune from Protections for
Federal Whistleblowers," you wrote: "She was rewarded $225,000 in
punitive damages after she filed a retaliation suit, but the Department of
Labor overturned the court's decision."

I am an attorney and I have to tell you that no executive "department"
(Labor, Commerce, or any other) can, as you put it, "overturn" a
judicial branch (court) decision. The American system does not work that way.

Rather, it is the other way around. The judicial branch(courts)
"overturn" executive branch (i.e., Labor Department) decisions quite often.

PLEASE EXPLAIN WHAT YOU MEANT. PRECISELY WHAT "COURT" WAS IT THAT WAS
"OVERTURNED" BY THE "DEPARTMENT OF LABOR." WERE YOU SPEAKING OF AN
ADMINISTRATIVE COURT AT THE DEPARTMENT OF LABOR OVERTURNING A JUDICIAL
BRANCH (COURT) RULING...OR DID YOU MEAN THAT THE ACTUAL DEPARTMENT OF
LABOR (I.E., PART OF THE EXECUTIVE BRANCH) PURPORTED TO "OVERTURN" A
JUDICIAL BRANCH'S COURT DECISION?

Also, the title of your article borders on illiterate and is surely
misleading, if not also confusing.

HERE IS A SUGGESTION: Instead of the abstruse headline "Bush says
E.P.A. 'Immune' from protections for federal whisleblowers," why did you not
word it more clearly, like this: "Bush says federal whisleblower
protections inapplicable to E.P.A. employees"? Your use of the word "immune"
is incorrect in that context. It implies that "protections" are
something akin to a penalty or disease or affliction from which one needs
"protection." That, of course, is incorrect. One cannot be "immune" from
a "protection." Rather, one can be immune from a penalty, a disease,
or some other affliction.

Your use of English leaves a lot to be desired in the way of literacy.

Please reply and tell me why you stated that part of the executive
branch (the Department of Labor) "overturned" a ruling of the judicial
branch (a court).

Do you not recall from grade-school civics classes that the judicial
branch (courts) "overturns" rulings or orders of the executive branch,
and not vice versa?

Yours truly,

Lincoln Herbert, Esq.

Posted by: L. Herbert on 09/09/06 at 12:08 AM

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