United States Tenth Circuit

In an action brought by a former civilian chemist alleging his employer violated the employee protection provisions of several environmental statutes, a ruling against the chemist is affirmed over his claims that: 1) an administrative review board (ARB) abused its discretion by misconstruing certain case law and failing to review army security clearance decisions; 2) the ARB's decision was not supported by substantial evidence because it improperly evaluated direct and circumstantial evidence of retaliatory motive; and 3) the ARB abused its discretion by misconstruing plaintiff's complaint and the law of constructive discharge.

Appellate Information

• Decided 02/13/2007
• Published 02/14/2007

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, McKAY and HENRY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Mick G. Harrison, Berea, Kentucky, appearing for Petitioner.


• For Appellees:
  
• Ian H. Eliasoph, Attorney (Howard M. Radzely, Solicitor of Labor, Steven J. Mandel, Associate Solicitor, and Paul L. Frieden, Counsel for Appellate Litigation, with him on the brief), United States Department of Labor, Washington, D.C., appearing for Respondent.