SUN EDITORIAL:

A much deserved victory

Ruling favors government whistleblower who pointed out public health dangers at mine

Saturday, Sept. 6, 2008 | 2:10 a.m.

Earle Dixon was a Bureau of Land Management project supervisor overseeing the cleanup of a radioactive former copper mine in Northern Nevada when he began speaking out about what he perceived as potential public health and safety hazards that were far worse than state and federal agencies were willing to admit. The BLM did not take kindly to Dixon’s opinions and fired him in October 2004.

Dixon fought back, citing his rights as a whistleblower after he accused the BLM and the Nevada Environmental Protection Division of covering up dangers at the shuttered mine in Yerington, 60 miles southeast of Reno.

The Associated Press reported Wednesday that Dixon scored a major victory when the U.S. Labor Department’s Administrative Review Board late last month upheld an administrative law judge’s ruling that the whistleblower was illegally fired, an outcome the BLM appealed. The judge in 2006 had ordered the BLM to give Dixon more than $180,000 in back pay, moving expenses and attorney fees.

The review board rejected Dixon’s request for as much as $1 million in punitive damages, but its overall ruling should be viewed positively by advocates of whistleblower protections.

It means federal agencies should think twice before taking action against individuals who are looking out for the public’s interest. Dixon pointed out high levels of radiation and uranium in soil and water at the site. Instead of getting fired, he should have been praised for doing his duty by helping to protect the public.

The board ruling also should reassure potential whistleblowers that they have recourse if they believe they are wrongly terminated for exposing coverups or other inappropriate government actions.