Whistle-Blowers Still Can Sue, Justices Rule

Nuclear industry “whistle-blowers” who say they were disciplined for complaining about lax safety may sue their employers under state personal injury laws, the Supreme Court ruled today.

The court unanimously said such lawsuits are not preempted by a federal law protecting such whistle-blowers.

Today’s ruling carries significant effect. The federal law does not provide awards of punitive damages, often the most lucrative part of a successful suit under the corresponding state laws.

“We conclude that (a) claim for intentional infliction of emotional distress does not fall within the preempted field of nuclear safety,” Justice Harry A. Blackmun wrote for the court.

The decision is a victory for Vera English of Wilmington, N.C., who worked as a laboratory technician for General Electric at its nuclear fuels manufacturing plant there for almost 12 years before she was fired in July, 1984.

Today’s decision reinstates her suit after it was ordered dismissed by a federal appeals court.

Earlier in 1984, English had complained to both the federal Nuclear Regulatory Commission and to her GE supervisor about what she considered serious violations of federal safety standards.

When no corrective action was taken, she deliberately failed to clean up radiation contamination at her work station in an effort to prove that such contamination was not being detected by safety inspectors.

Although English’s efforts led to corrective action, she was disciplined and eventually fired.

In another action today, the court agreed to study the government’s power to lift price controls on some natural gas, a case that has tens of millions of dollars at stake for consumers.

The justices said they will review federal regulations that, among other things, allow gas producers to raise some prices charged to pipeline companies.

The regulations were struck down by a federal appeals court but will remain in effect until a Supreme Court decision is announced, likely in 1991.

The U.S. 5th Circuit Court of Appeals last year invalidated regulations adopted in 1986 by the Federal Energy Regulatory Commission.

The appeals court said the FERC exceeded its authority when it permitted producers of so-called old gas to raise their prices and to stop selling to pipeline companies unwilling to pay the higher prices.