David Sanders v. Energy Northwest

Opinion by Judge LEAVY; Dissent by Judge GRABER.

OPINION

LEAVY, Senior Circuit Judge:

David W. Sanders appeals the grant of summary judgment to his former employer, Energy Northwest, on his claims of retaliation in violation 42 U.S.C. § 5851 of the Energy Reorganization Act (“the Act”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Keenan v. Allan, 91 F.3d 1275, 1278 (9th Cir.1996), and we affirm.

*1195I. Background

Energy Northwest is a Washington municipal corporation that owns and operates a nuclear power plant in Richland, Washington. Sanders was a maintenance manager whose…