FOR IMMEDIATE RELEASE
Thursday, April 2, 2026
CONTACT
Joanna Citron Day, (240) 247-3081, [email protected]
Washington, DC — Newly obtained internal Environmental Protection Agency (EPA) emails published by E&E News reveal that senior legal officials were explicitly warned not to take retaliatory action against employees who signed a public letter raising concerns about agency policies — advice that was disregarded by agency leadership just one day later.
The documents, obtained through a Freedom of Information Act (FOIA) request via E&E News, include a July 2 email from Nathanael Nicols, Assistant General Counsel for EPA’s Employment Law Practice Group. In it, Nicols affirms that EPA employees who signed the public “Declaration of Dissent” letter were likely engaging in protected speech under the First Amendment and cautions that any disciplinary action could carry significant legal risk.
Nicols agreed with prior internal analysis concluding that there were no ethics violations associated with employees signing the letter. He further advised that taking personnel action against signatories could be viewed as retaliatory and risk creating a chilling effect on other employees considering similar expressions.
Nicols warned that any personnel actions in response to this activity “would present significant legal risk,” noting that the...
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