Tamosaitis
Tamosaitis v. URS Inc.
Opinion
Lead Opinion
Berzon, J.
ORDER AND AMENDED OPINION
ORDER
The panel has voted to amend its opinion filed November 7, 2014, and published at 771 F.3d 589 , and to deny appellees URS Corporation, URS Energy and Construction Inc., and URS Inc.’s petition for rehearing and petition for rehearing en banc with the following amendments:
On page 551, change
On page 557, note 9, change
The full court has been advised of the petition for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.
The petition for rehearing is denied and the petition for rehearing en banc is rejected. No further petitions for rehearing or rehearing en banc will be entertained. The mandate shall issue in due course.
OPINION
The Energy Reorganization Act (“ERA”), 42 U.S.C. § 5851 (b)(4), includes an “opt-out” provision empowering whist-leblowing employees working at nuclear energy sites to bring anti-retaliation claims to federal court after one year of agency inaction. Our case concerns the…