Hanford Whistleblower Vindicated, Receives $4.1 Million Settlement
by Joshua Frank - The Investigative Fund
What a long, strange trip it's been for engineer Dr. Walter Tamosaitis. Well, perhaps not so much strange as it has been heart-wrenching. Nonetheless, every once in awhile those who are maligned end up being vindicated.
That's exactly what happened this past week for Tamosaitis, who has been entangled in five strained years of litigation against his former employer URS (now owned by AECOM).
On August 12, Tamosaitis agreed to a $4.1 million settlement of his federal whistleblower retaliation lawsuit against Hanford contractor URS. While AECOM refused to acknowledge any wrong-doing in the ordeal, there's no question it didn't want to drag on the case that could well have made the contractor look even worse than it already did.
"We are very pleased that Walter can get on with his life after five years of litigation, and that he has been vindicated," said Jack Sheridan, the Seattle attorney who represented Tamosaitis.
"This settlement sends a message to whistleblowers everywhere that integrity and truth are worth fighting for, and that you can win if you don't give up."
In 2011, I wrote an investigative piece for Seattle Weekly, reported in partnership with The Investigative Fund, that not only looked into the very serious safety concerns raised by Tamosaitis at the Hanford nuclear reservation, put also exposed how his superiors plotted to silence him by removing him from his position and forcing him to work in an off-site, windowless basement. It was an egregious attempt to kill the messenger — a message that put millions of contract dollars at risk.
What URS didn't expect, however, was that Tamosaitis would refuse to go down without a fight. He openly spoke with me about a greedy management culture at Hanford run amok. He was candid in explaining that the Hanford cleanup was a cash cow for URS and its parent contractor Bechtel, the same company accused of bilking tax-payers over its botched Iraq reconstruction projects. As such, he accused them of putting profits above safety of its employees and the public.
Tamosaitis was in charge of overseeing a sludge mixing project at Hanford's Waste Treatment Plant (WTP), where, if certain deadlines were met, Bechtel and URS would walk away with $6 million bonus. Yet Tamosaitis wasn't about to sign off on it, because the mixing process wasn't working out.
"The drive to stay on schedule is putting the whole [WTP] project at risk," Tamosaitis told me in 2011.
''Not on my watch' is a standard mantra among [DOE and Contract] management who like to intimidate naysayers like me. These guys would rather deal with major issues down the road than fix them up front … Cost and schedule performance trump sound science time and again."
In 2011, Tamosaitis filed a federal whistleblower complaint under the Energy Reorganization Act (ERA). By 2013, Tamosaitis was let go for "lack of work." Initially his case was dismissed by Federal District Court Judge Lonny Suko, who found that there was insufficient evidence to support his retaliation claim and that he didn't have the right to a jury trial under ERA. In 2014, the 9th Circuit Court of Appeals overruled Judge Suko, stating there was "plenty of evidence that Bechtel encouraged URS E&C to remove Tamosaitis from the WTP site because of his whistleblowing, that URS E&C knew that Tamosaitis's whistleblowing motivated Bechtel, and that URS E&C carried out the removal."
The 9th Circuit also found that Tamosaitis indeed had a right to a jury trial. In July 2014, AECOM announced it would acquire URS and has since been pushing for a resolution. While no parties admitted liability, with a $4.1 million settlement, it's clear who was victorious. Of course, the bigger issue is, will this set a precedent and help ensure that future Hanford employees aren't afraid to step forward and voice concerns about public health and environmental safety?
That's the hope, insists Tom Carpenter, director of the Seattle-based nonprofit watchdog group that keeps a close eye on all things Hanford.
"This is great news for Walt and great news for the public. Walt is a hero who staked his career to raise nuclear safety issues that could have resulted in a catastrophe down the road," Carpenter said after the settlement announcement.
"His issues were investigated and validated, and those safety issues are being scrutinized and corrected. This settlement brings justice to Walt, and is a necessary step in the quest to address a broken safety culture at Hanford that has historically punished employees for bringing forward concerns."