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Mining Law Monitor - Volume 22, Issue 1 - (Spring 2005)

Client Alert | less than 1 min read | 06.07.05

  • "Twentymile: The Latest Word on Liability for Independent Contractor Violations Under the Mine Safety and Health Act," Co-Authors: Tim Biddle, Ed Green and Dan Wolff.
    This article also appeared in Stone, Sand & Gravel Review, (July/August 2005)
  • "Focus on Explosives: Failures and Fees," Co-Authors: Ed Green and Mike Gill.
  • "The Resurgence of The U.S. Mining Industry in 2005 And How Our Legal System Can Help It Flourish," Author: Tim McCrum.
  • "MSHA's Dilemma," Co-Authors: Tim Means and Linda Lavache.
  • "An Uncertain Outlook For General Permitting Under The Clean Water Act NPDES Program," Co-Authors: Rich Schwartz, Ellen Steen, and Kirsten Nathanson.

Insights

Client Alert | 3 min read | 11.21.25

A Sign of What’s to Come? Court Dismisses FCA Retaliation Complaint Based on Alleged Discriminatory Use of Federal Funding

On November 7, 2025, in Thornton v. National Academy of Sciences, No. 25-cv-2155, 2025 WL 3123732 (D.D.C. Nov. 7, 2025), the District Court for the District of Columbia dismissed a False Claims Act (FCA) retaliation complaint on the basis that the plaintiff’s allegations that he was fired after blowing the whistle on purported illegally discriminatory use of federal funding was not sufficient to support his FCA claim. This case appears to be one of the first filed, and subsequently dismissed, following Deputy Attorney General Todd Blanche’s announcement of the creation of the Civil Rights Fraud Initiative on May 19, 2025, which “strongly encourages” private individuals to file lawsuits under the FCA relating to purportedly discriminatory and illegal use of federal funding for diversity, equity, and inclusion (DEI) initiatives in violation of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025). In this case, the court dismissed the FCA retaliation claim and rejected the argument that an organization could violate the FCA merely by “engaging in discriminatory conduct while conducting a federally funded study.” The analysis in Thornton could be a sign of how forthcoming arguments of retaliation based on reporting allegedly fraudulent DEI activity will be analyzed in the future....

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