ERA whistleblower
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Nuclear Whistleblower Litigation, our practice area related to ERA whistleblower
The Firm's attorneys are nationally recognized for their successful representation of nuclear whistleblowers at plants throughout the United States. For over two decades, we have been at the forefront in advising and representing nuclear whistleblowers whose livelihoods and careers have been threatened as a result of their conscientious pursuit of nuclear safety concerns. At Katz, Marshall & Banks, we are deeply committed to representing this brave group of nuclear workers, as we recognize that nuclear whistleblowers are the "eyes and ears" of the public in the nation's nuclear industry. Without their vigilance, unsafe conditions would go unchecked and have devastating consequences to the health and safety of the industry's workers and the communities surrounding nuclear facilities. -
Whistleblower Protection Act: Protection for Federal Employees, our practice area related to ERA whistleblower
The Firm's attorneys are nationally recognized for their successful representation of federal sector whistleblowers in cases brought before the Office of Special Counsel ("OSC") under the Whistleblower Protection Act. We have obtained significant settlements and secured important legal victories for federal government employees who have blown the whistle on fraud, waste, abuse and other violations of the law. -
Blowing the Whistle on Nuclear Safety Lapses: Federal Whistleblower Protections Act At A Glance
The building of new reactors and the aging of existing ones means an increased responsibility for people who work in and around nuclear facilities, as their co-workers and communities will count on them to be on the lookout for violations of nuclear safety standards. As they have since the birth of the industry after World War II, these employees - from construction workers and plant operators to scientists, engineers and managers - will play a front-line position in the prevention of nuclear accidents that can pose significant danger to society. The Energy Reorganization Act of 1978 (ERA) provides strong protections for contractors and employees who provide information about, or participate in investigations relating to, what they believe to be violations of nuclear safety laws and standards. The following overview gives these workers in the nuclear industry some of the information they need to know before blowing the whistle on nuclear safety issues. -
Whistleblowers: Can a Whistleblower Get Justice? Can Her Lawyer Get Paid?
The U.S. Department of Labor (DOL) oversees the implementation and enforcement of various statutes designed to protect employees from retaliation when they report unsafe environmental practices. The purpose of these anti-retaliation provisions is generally to protect employees whose actions aid the government in the enforcement of laws designed to protect the public. See English v. General Elec. Co., 496 U.S. 72 (1990) (noting that the "protection of employees" is the primary purpose of the environmental whistleblower statutes); Passaic Valley Sewerage Comm'rs v. Dept. of Labor, 992 F.2d 474, 479 (3rd Cir. Apr. 16, 1993) ("Whistleblower provisions are intended to promote a working environment in which employees are relatively free from the debilitating threat of employment reprisals for publicly asserting company violations of statutes protecting the environment such as the Clean Air Act and nuclear safety statutes."); Willy v. Coastal Corp. 855 F2d 1160 (5th Cir. 1988). -
Complaint for Compensatory Damages and Injunctive and Declaratory Relief (James Speegle v. Stone & Webster)
This lawsuit brought pursuant to Section 211 of the Energy Reorganization Act, 42 U.S.C. § 5851, arises from the discharge of Plaintiff James Speegle in retaliation for raising nuclear safety complaints during employment at the Browns Ferry Nuclear Plant near Athens, Alabama, in this judicial district. Defendant Stone & Webster Construction Co., Inc. unlawfully discharged Mr. Speegle on May 24, 2004, from his job as a painter foreman in retaliation for raising serious questions and concerns with his immediate supervisor, other managers of "S&W", and onsite inspectors of the Nuclear Regulatory Commission regarding practices that he reasonably believed would jeopardize the effectiveness of the plant's emergency core cooling system, with potentially catastrophic consequences in the event of an emergency shutdown. -
Complaint: Michael Smith v. Southern Nuclear
Complainant Michael Smith is a Senior Engineer at respondent Southern Company's Joseph M. Farley Nuclear Plant, operated by Respondent Southern Nuclear Company. Mr. Smith seeks to recover compensatory damages and equitable relief arising from the respondents' harassment and adverse employment actions taken against Mr. Smith in retaliation for his reporting or nuclear safety issues at the Farley plant, in violation of Section 211 of the Energy Reorganization Act, 42 U.S.C. § 5851.