Blodgett V. Tennessee Dept. of Environmental Conservation, 2003-CAA-10 (ALJ Feb. 12, 2003)

U.S. Department of Labor

Office of Administrative Law Judges Seven Parkway Center - Room 290 Pittsburgh, PA 15220 (412) 644-5754 (412) 644-5005 (FAX)

Issue Date: 12 February 2003

CASE NO.: 2003-CAA-10

In the Matter of:

JAMES G. BLODGETT, JR.,
   Complainant

v.

KIM KIRK, ALAN PAYNE,
THE TENNESSEE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION,
AND "PAT DOE", et. al.
   Respondents

   The above-referenced matter is a complaint of discrimination under the following whistleblower protection provisions: the Clean Air Act, 42 U.S. C. §7622; the Safe Drinking water Act, 42 U.S.C. §300j-9; the Solid Waste Disposal Act, 42 U.S.C. §6971; the Water Pollution Control Act, 33 U.S.C. §1367; the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9610; and the Toxic Substances Control Act, 15 U.S.C. §2622. On February 4, 2002, the complainant filed a similar complaint against, his former employer, the Tennessee Department of Environmental Conservation ("TDEC"). On January 28, 2003, this Court issued a Decision and Order Granting the TDEC's Motion for Summary Decision and dismissed the case on grounds of sovereign immunity.

   Since the merits of the complainant's complaint against the TDEC were not previously addressed by this Court, I find that the above-referenced matter should be remanded for proper investigation by OSHA, in accordance with 29 C.F.R. §24.4.

   It is hereby ORDERED that the above-captioned claim is remanded for proper investigation by OSHA, in accordance with 29 C.F.R. §24.4. In addition, OSHA is asked to provide full names and addresses for all of the named parties.

      RICHARD A. MORGAN
      Administrative Law Judge

RAM:als