Environmental Whistleblower Protection
Environmental Whistleblower Protection: An Unusually Short Deadline
The Six Core Environmental Statutes
Each of the following statutes includes its own whistleblower protection, all sharing a 30-day filing deadline:
- The Clean Air Act, protecting employees who report violations related to air emissions from stationary, area, or mobile pollution sources.
- The Clean Water Act (Federal Water Pollution Control Act), protecting employees who report water pollution violations, including unauthorized discharges into waterways.
- The Safe Drinking Water Act, protecting employees who report violations affecting the safety of drinking water sources.
- The Solid Waste Disposal Act (also known as RCRA), protecting employees who report violations related to the disposal of solid and hazardous waste, including medical waste.
- The Toxic Substances Control Act, protecting employees who report violations related to industrial chemicals produced or imported into the United States.
- The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or “Superfund”), protecting employees who report violations related to hazardous waste site cleanup, spills, and other releases of pollutants.
A Related, Separately Timed Statute: AHERA
The Asbestos Hazard Emergency Response Act protects employees who report violations of asbestos-related requirements in public or private non-profit elementary and secondary schools. Unlike the six statutes above, AHERA carries a 90-day filing deadline, not 30 — an important distinction if your situation specifically involves asbestos in a school setting.
Who Is Protected
These protections generally extend to current employees, former employees, and job applicants. Under CERCLA, the Clean Water Act, and the Solid Waste Disposal Act specifically, protection also extends to an “authorized representative of employees” — such as a union official acting on behalf of an employee or group of employees.
Protected activity generally includes reporting a violation internally or to a government agency, commencing or testifying in a proceeding related to an alleged violation, assisting or participating in such a proceeding, and refusing to follow an order the employee reasonably believes would violate the relevant environmental law.
Why the 30-Day Deadline Is So Unforgiving
This deadline generally runs from when you’re notified of the adverse action, not necessarily from when it actually takes effect. If your employer tells you on one date that you’ll be let go weeks later, the 30-day clock typically starts running from the date of that notice — not your last day of work. Waiting to see how things play out, or focusing on internal grievance procedures first, can cost you your claim entirely if the 30-day window passes in the meantime.
If you’re not sure you’ll make the deadline: a brief, even informal complaint to OSHA is generally enough to preserve your rights while you gather more complete documentation afterward. Don’t let the search for a perfect, fully-documented complaint cause you to miss the window entirely.
A Notably Fast Kick-Out Provision Under CERCLA
CERCLA includes its own “kick-out” provision allowing you to remove your case to federal court if OSHA hasn’t issued a final decision within 60 days of your complaint — a notably shorter window than the kick-out periods available under many of the other statutes described on our OSHA whistleblower page.
A Practical Note for State and Local Government Employees
These environmental statutes generally apply to state and local government employers as well as private ones. However, if your employer is considered an arm of the state, sovereign immunity principles can sometimes affect your ability to pursue the case beyond OSHA’s initial investigation — though this limitation doesn’t affect OSHA’s authority to investigate your complaint in the first place.
Talk to an Environmental Whistleblower Attorney
Given how unforgiving the 30-day deadline is, don’t wait to get legal advice if you believe you’ve experienced retaliation for reporting an environmental violation. Wilkenfeld Law Office can help you act quickly and correctly.
Or call 301.245.3035 · Intake@WilkenfeldLO.com