1On April 17, 1996, the Secretary of
Labor delegated authority to issue final agency decisions under, inter alia, the Clean Air
Act and implementing regulations, to the Administrative Review Board. Secretary's Order 2-96
(Apr. 17, 1996), 61 Fed. Reg. 19,978 (May 3, 1996). Secretary's Order 2-96 contains a
comprehensive list of the statutes, executive order and regulations under which the
Administrative Review Board now issues final agency decisions. See 61 Fed. Reg.
19,982 for the final procedural revisions to the regulations implementing this reorganization.
2These regulations implement the
whistleblower provisions of the Safe Drinking Water Act, 42 U.S.C. § 300j-9(i) (1994);
Federal Water Pollution Control Act, 33 U.S.C. § 1367 (1994); Toxic Substances Control
Act, 15 U.S.C. § 2622 (1994); Solid Waste Disposal Act, 42 U.S.C. § 6971 (1994);
Clean Air Act: Energy Reorganization Act, 42 U.S.C. § 5851 (1994); and Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9610 (1994). 29
C.F.R. § 24.1(a).
3Dr. Reid was a Board certified
internist and board eligible oncologist and hematologist.
4A "person" is
"an individual, corporation, partnership, association, State, municipality, political
subdivision of a State, and any agency, department or instrumentality of the United States and
any officer, agency, or employees thereof." 42 U.S.C. § 7602(e).