Steven Onysko v. Martin J. Walsh, Secretary of Labor, et al.

With Administrative Procedure Act (APA) jurisdiction, the Tenth Circuit Court of Appeals affirmed U.S. Department of Labor, Administrative Review Board (ARB) affirmation of Office of Administrative Law Judges dismissal at summary decision of the Petitioner's "Safe Drinking Water Act" (SDWA) whistleblower claims against the State of Utah. Congress prescribes, in U.S. Code, direction to two different Standards of Review, in the Administrative Procedure Act (APA), for the Circuit Courts' review of final ARB orders on whistleblower complaints. This includes the 29 CFR § 24.100(a) six environmental statutes plus ERA. Employee protections at CWA (33 U.S.C. § 1367(e)), SWDA (42 U.S.C. § 6971(e)), and CERCLA (42 U.S.C. § 9610(b)) look to APA 5 U.S. Code § 554, Adjudications. Employee protections at SDWA (42 U.S.C. § 300j9(i)(3)(A), TSCA (15 U.S.C. § 2622(c)(1)), and CAA (42 U.S.C. § 7622(c)(1)) look to APA 5 U.S. Code § 706, Scope of Review. For the Circuit Courts, APA 5 U.S. Code § 706(2) articulates six standards of review, and de facto seventh standard of review at coda. Historically, the Tenth Circuit and most other Circuit Courts have eviscerated sua sponte Congress's prescribed standards of review at 5 U.S. Code § 706(2) in applying these Circuits' articulated l