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Taylor v. Department of Labor

Citation: 35 ELR 20252
No. Nos. 05-1153, -1154, (1st Cir., 12/12/2005)

The court upholds the dismissal of individuals' employment retaliation suits against the state of Rhode Island and the Rhode Island Department of Environmental Management concerning potential Solid Waste Disposal Act violations. The state has not waived its right to sovereign immunity, and the U.S. Department of Labor's (DOL's) decision not to intervene in the case--which would have waived the sovereign immunity bar--was proper. Although the DOL's Assistant Secretary found a violation, all it was required to do, as it did here, was to issue a decision incorporating its finding. Nothing required him to intervene in the case.