[CPEO-MEF] Dugway (UT) whistle-blower case overturned

[Lenny Siegel <lsiegel@cpeo.org>]

Dugway suit takes new twist
Appeals court overturns whistle-blower discrimination judgment

By Patty Henetz
The Salt Lake Tribune (UT)
February 14, 2007

A $1.5 million judgment awarded to a Dugway Proving Ground 
whistle-blower was overturned Tuesday in a ruling by a federal appeals 
court, gutting an earlier ruling by saying only the executive branch can 
control security clearances and that no hostile discrimination had been 
proven.

The 10th U.S. Circuit Court of Appeals decision was a blow to Salt Lake 
City resident David W. Hall, a former chemist who filed a successful 
discrimination lawsuit based in part on claims he lost his security 
status after complaining about environmental violations at the weapons 
research facility in Tooele County.

"I guess all I can do is sit back and cry," Hall said Tuesday evening. 
"I'm just in a state of shock. This has been going on since 1989."

Tuesday's ruling ignored a 2002 ruling by a U.S. Labor Department 
administrative law judge, who agreed the Army had illegally punished 
Hall for disclosing problems at the secret weapons facility with at 
least nine kinds of "hostile treatment."

Instead, the appeals court focused on a subsequent finding by Labor's 
Administrative Review Board, which agreed with the Army appeal argument 
that Hall hadn't proven the Army discriminated against him.

...

For the entire article, see
http://www.sltrib.com/news/ci_5223635

--


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org


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