Dr. William Marcus was an internationally respected Senior Science Advisor in the Environmental Protection Agency (EPA). As a Board Certified Toxicologist his testimony was a key factor in numerous toxic tort cases for finding liability of major chemical companies. These companies worked secretly with managers at the EPA to discredit Dr. Marcus. The chemical companies and their supporters within the EPA eventually invented numerous allegations against Dr. Marcus, and he was fired from his career position.
Kohn, Kohn & Colapinto conducted extensive discovery into the case and learned of the highly improper communications between the leading corporate attorneys for numerous chemical companies and EPA managers, including explicit documentation that these companies had orchestrated his removal. In violation of a subpoena, EPA officials shredded embarrassing notes, obstructing Dr. Marcus’ attempts to fully document the collusion between the corporations and EPA. The EPA refused to settle Dr. Marcus’ case, and it was heard before an Administrative Law Judge in a bitterly contested trial. Dr. Marcus prevailed on every count and was ordered reinstated, with full back pay, a large compensatory damage award, and full attorney fees and costs. EPA lost its appeal and Dr. Marcus returned to his job, fully vindicated.
After reinstatement, the EPA continued to harass Dr. Marcus, and he prevailed at a second hearing on his hostile work environment case and was awarded additional damages and affirmative relief. Dr. Marcus’ cases set a national precedent, as it was the first time the Clean Air Act and Safe Drinking Water Act’s whistleblower provisions were used to protect a federal employee.
Marcus v. EPA, 96-CAA-03,07 (ALJ, 12-15-98)
Marcus v. EPA, 92-TSC-5 (SOL, 2-7-94)