Whistle-blowers will be able to try again with EnergySolutions lawsuit

SALT LAKE CITY — A trio of whistle-blowers will get another shot at the company they say improperly disposed of hazardous and radioactive waste.

The 10th Circuit Court of Appeals in Denver this week ruled that a federal judge erred in dismissing the lawsuit against Envirocare of Utah, now EnergySolutions.

The case, filed in 2003 by a former Envirocare employee and two employees of a subcontractor, alleges the company "repeatedly violated" its federal contracts by improperly disposing of waste and ignoring reporting and maintenance requirements.

"We're still studying (the decision) right now," said Rod Snow, an attorney for EnergySolutions. "The decision does appear to be inconsistent with other 10th Circuit decisions."

Snow said the company could challenge the reversal. "But we're more than happy to defend this case on the merits," he said.

The three whistle-blowers kept detailed logs of the alleged violations, according to court documents. The 10th Circuit found those records met the standard for bringing the suit forward and that the district court should not have dismissed the case.

— Aaron Falk