Dr. David L. Lewis

My client, Dr. David L. Lewis, is issuing an open letter today urging the House of Representatives to correct the “the grievous and manifold shortcomings in S. 372 before voting on it.” He also urges his fellow citizens to join him in taking action to share his concerns with their representatives.

Dr. Lewis was a top microbiologist at the U.S. Environmental Protection Agency (EPA). He raised the standards for dental hygiene worldwide when he showed how previous practices were inadequate to protect dental patients from the transmission of HIV.  He showed how EPA’s rules for land application of sewage sludge did not have the scientific support needed to protect us from airborne diseases. That is when “industry representatives and EPA managers went ballistic.” His retaliation case is still pending.

He is today concerned that:

  • S. 372 ― for the first time ever ― would deny protection to federal employees if a judge finds that violations of law exposed by whistleblowers were “minor,” “inadvertent,” or committed when the violator was engaged in a “conscientious carrying out of official duties.” Every federal manager faced with a whistleblower retaliation claim will be hiding under this gaping loophole.
  • S. 372 would deny protection for whistleblowers who challenge an act of discretionary authority, or any retaliation against other whistleblowers. These exclusions would render whistleblowers even more powerless to prevent waste, fraud, abuse and violations of law within the federal government.
  • S. 372 would allow judges on the Merit System Protection Board (MSPB) to dismiss whistleblower cases without any hearing. Due to all of the loopholes already at the disposal of employers who retaliate, federal employees prevail in less than 2% of the cases that proceed to a hearing. The current system needs to provide more fairness to whistleblowers ─ not to make it even more burdensome to prevail.

He urges everyone to Take Action by contacting their representatives. The full text of his letter follows in the continuation of this entry.

Continue Reading Dr. David Lewis says “Fix S. 372”

My client, Dr. David L. LewisDr. David L. Lewis, was a top microbiologist at the U.S. Environmental Protection Agency (EPA). He raised the standards for dental hygiene worldwide when he showed how previous practices were inadequate to protect dental patients from the transmission of HIV.  He showed how EPA’s rules for land application of sewage sludge did

Bookmark and Share

Dr. David L. LewisU.S. District Judge Clay Land, of Athens, Georgia, issued an order yesterday compelling the U.S. Environmental Protection Agency (EPA) to provide their employee Madolyn Dominy for deposition in a whistleblower’s scientific fraud case.   Madolyn Dominy was the EPA’s Regional Biosolids Coordinator from 1998 to 2004.  In his whistleblower lawsuit, Dr. David L. Lewis (pictured) and dairy farmers Andy McElmurray and William Boyce claim that researchers at the University of Georgia (UGA) conspired with EPA employees to make false statements as part of a grant application to justify land application of sewage sludge. The law firm of Hallman & Wingate of Marietta, Georgia, represents Dr. Lewis, McElmurray and Boyce in this case. The EPA tried to use is “Touhy” regulation to prevent Hallman & Wingate from deposing Dominy.  Yesterday, Judge Land rejected this attempt, and ordered that EPA make Dominy available for deposition by September 11, 2009. A copy of the order is available at this link.


Continue Reading Judge compels deposition of EPA official