ARB CASE NO. 03-138
ALJ CASE NO. 03-CAA-15
DATE: June 9, 2004
In the Matter of:
JAMES G. BLODGETT, JR.,
COMPLAINANT,
v.
TENNESSEE DEPARTMENT
OF ENVIRONMENT AND
CONSERVATION,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
ORDER DISMISSING MOTION FOR SUMMARY REVERSAL
AND MOTION FOR EXPEDITED DECISION
BACKGROUND
This case arose when the Complainant, James G. Blodgett, Jr., filed a complaint alleging that his employer, the Respondent, Tennessee Department of Environment and Conservation (TDEC), engaged in "internal blacklisting" in violation of the whistleblower protection provisions of the Clean Air Act, 42 U.S.C.A. § 7622 (West 1995); the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C.A § 9610 (West 1995); the Federal Water Pollution Control Act, 33 U.S.C.A. § 1367 (West 2001); the Safe Drinking Water Act, 42 U.S.C.A. § 300(j)-9(i) (West 1991); the Solid Waste Disposal Act, 42 U.S.C.A. § 6971 (West 1995); and the Toxic Substances Control Act, 15 U.S.C.A. § 2622 (West 1998). A Department of Labor Administrative Law Judge issued a Recommended Decision and Order of Dismissal on August 8, 2003.
1 The Secretary has delegated authority to the Administrative Review Board to issue final decisions in appeals under the whistleblower provisions of the federal environmental statutes at 29 C.F.R. § 24.1. Sec'y Ord. 1-2002, 67 Fed. Reg. 64272 (Oct. 17, 2002).
2 On October 6, 2003, Blodgett's counsel filed a Motion for Summary Reversal and Motion for Expedited Decision. By Order dated October 14, 2003, the Board returned these Motions to counsel. Although the Board had repeatedly admonished the counsel that requests for the Board to take action must be in the form of a motion with an appropriate caption, including the Board's docket number, the motions did not include the Board's docket number. The timely filings to which Blodgett referred were the Motions for Summary Reversal and Expedited Decision. On December 3, 2003, Blodgett's former counsel, Slavin, filed Complainant's Renewed Motion for Summary Reversal and Motion for Expedited Decision. This document included the Board's docket number.
3 Slavin filed a Response to Order to Show Cause on January 5, 2004. Slavin stated that in his November 26, 2003 Motion for Summary Reversal, he had incorporated all his prior filings in ARB Case 03-043 and that no further briefing was needed unless TDEC or the Board identified particular issues. The Board dismissed Blodgett's complaint in ARB Case No. 03-043, in which he complained that TDEC had violated the whistleblower provisions of the environmental statutes at issue here when it terminated his employment because Blodgett failed to file a timely brief. Blodgett v. Tennessee Dep't of Env't & Conservation, ALJ No. 2003-CAA-7 (March 19, 2004).