ELR Citation: ELR 20109
No(s). 04-3245 (6th Cir. May 31, 2005)

The Sixth Circuit affirmed the dismissal of an individual's complaint that his employer, the U.S. Department of Justice (DOJ), retaliated against him for protected behavior in violation of the whistleblower provisions of the Clean Air Act (CAA), the Federal Water Pollution Control Act (FWPCA), and the Solid Waste Disposal Act (SWDA). The individual, an assistant U.S. attorney, cannot state a claim under the whistleblower provisions of these statutes premised on his investigation and prosecution of environmental crimes. Because his job as an assistant U.S. attorney included the investigation and prosecution of environmental crimes, he cannot be said to have risked his personal job security by performing the duties required of him. Therefore, he was not engaging in protected activities. In addition, his allegation that the DOJ retaliated against him for his contacts with a congressional office do not support his whistleblower claim. And even had he participated in an activity that is protected by the whistleblower provisions of the CAA, the SWDA, and the FWPCA, his claim is barred because it was not timely filed.