Gary Vander Boegh v. EnergySolutions, Inc.

OPINION

GRIFFIN, Circuit Judge.

Gary Vander Boegh applied for a job with EnergySolutions. He alleges that the prospective employer did not hire him because he engaged in protected whistle-blower activity at a prior job. The district court held that Vander Boegh lacked statutory standing as an applicant — not employee — and granted summary judgment in favor of EnergySolutions. Because we agree that Vander Boegh lacks statutory standing under the Energy Reorganization Act and False Claims Act, and we lack subject-matter jurisdiction over the remaining claims, we affirm.

I

The U.S. Department of…