Former EPA Employees File First Amendment Lawsuit Over Terminations

On December 3, 2025, six former employees of the Environmental Protection Agency (EPA) initiated a First Amendment lawsuit against EPA Administrator Lee Zeldin. The lawsuit stems from their termination, which the employees allege was a direct result of their protest against the perceived politicization of scientific research under the Trump administration. The employees had publicly signed an open letter criticizing the agency for compromising public health and allowing political considerations to dictate scientific inquiry.

ReutersFired EPA Employees File First Amendment Challenges at MSPB (1)

The terminations occurred earlier in the year after the employees expressed their dissent through the letter. Public Employees for Environmental Responsibility, the nonprofit organization representing the former employees, contends that the actions taken by the EPA under the Trump administration have undermined First Amendment protections and jeopardized public safety by removing experienced personnel from critical environmental roles. In July, the EPA placed 139 employees on administrative leave following the letter's publication, asserting a "zero tolerance" policy for actions perceived as undermining the government's agenda.

ReutersFired EPA Employees File First Amendment Challenges at MSPB (1)

The firings are part of a broader restructuring initiative initiated by the Trump administration, which aimed to reduce the size of federal agencies, including the EPA. This initiative was facilitated by the now-dissolved Department of Government Efficiency (DOGE), which sought to identify targets for mass layoffs. The EPA announced plans to cut its workforce by at least 23% and close its scientific research office, aligning with the administration's goals to downsize the federal government and redirect agency priorities.

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Daniel Rosenthal, a partner at James & Hoffman, representing unions and employees, stated, “The agency has the burden to prove that the employees engaged in misconduct and that this misconduct was severe enough to interfere with the employee’s work or another legitimate government objective.” This highlights the legal complexities surrounding the firings and the burden of proof that the EPA must meet in court.

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Critics argue that the firings represent a troubling trend of retaliation against government employees who voice dissenting opinions, particularly regarding scientific integrity and public health. The lawsuit raises significant concerns about the implications for free speech within federal agencies and the potential chilling effect on employees who may fear repercussions for expressing their views.

Fired EPA Employees File First Amendment Challenges at MSPB (1)

• “The agency has the burden to prove that the employees engaged in misconduct and that this misconduct was severe enough to interfere with the employee’s work or another legitimate government objective,” — Daniel Rosenthal, Partner at James & Hoffman

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The case has been filed with the U.S. Merit Systems Protection Board, where the former employees will seek to challenge the legality of their terminations. The outcome of this legal challenge could have broader implications for federal employment practices and the protection of free speech rights within government agencies.

Fired EPA Employees File First Amendment Challenges at MSPB (1)