Former Environmental Protection Agency employees who were fired after signing a letter criticizing the Trump administration are now appealing their dismissals before the Merit Systems Protection Board.

The six former EPA employees, who were among roughly 140 workers who signed a “declaration of dissent” in June, argued their firings were not only an illegal response to exercising their First Amendment rights, but also a form of retaliation for “perceived political affiliation,” and executed without cause.

The former employees are represented by attorneys at several law firms in the MSPB case, including the Public Employees for Environmental Responsibility (PEER).

“Federal employees have the right to speak out on matters of public concern in their personal capacities, even when they do so in dissent,” Joanna Citron Day, general counsel for PEER, said Wednesday. “EPA is not only undermining the First Amendment’s free speech protections by trying to silence its own workforce, it is also placing U.S. citizens in peril by removing experienced employees who are tasked with carrying out EPA’s critical mission.”

An EPA spokesperson declined to comment, stating that the agency has a longstanding practice of not commenting on pending litigation.

The June dissent letter from EPA employees warned that the Trump administration and EPA Administrator Lee Zeldin were “recklessly undermining” the agency’s mission, and criticized the administration’s policies on public health and the environment. The letter led EPA to launch an investigation into employees who signed the letter, resulting in at least eight probationary employees and nine tenured career employees receiving termination notices. Dozens more who signed the declaration were suspended without pay for two weeks, according to the American Federation of Government Employees.

Justin Chen, president of AFGE Council 238, which represents EPA employees, said the firings of these employees added to a “brain drain” at EPA, on top of other workforce losses stemming from the deferred resignation program (DRP) and other actions from the Trump administration this year.

“These were subject matter experts — extremely talented people who were working on behalf of the American public to protect them,” Chen said in an interview. “The loss of these people will be felt for quite some time. And honestly, the intent of this action is to put a chilling effect on the rest of the civil service.”

A termination notice delivered to one of the EPA employees shows that in response to concerns of free speech and whistleblower protection violations, the agency’s general counsel office stated that it believed the issues raised “do not outweigh the seriousness of your offense.”

“The Agency is not required to tolerate actions from its employees that undermine the Agency’s decisions, interfere with the Agency’s operations and mission, and the efficient fulfillment of the Agency’s responsibilities to the public,” the termination letter reads. “You hold a trust-sensitive position that requires sound judgement and alignment with the Agency’s communication strategies.”

Despite the employee having a high performance rating and a lack of disciplinary history, the termination letter stated that “the serious nature of your misconduct outweighs all mitigating factors.”

“I also considered that you took no responsibility for your conduct, which reflects a lack of acknowledgment of the seriousness of your actions and raises concerns about your ability to exercise sound judgment and undermines your potential for rehabilitation,” the letter reads.

In August, EPA leadership also canceled all its collective bargaining agreements and told its unions it would no longer recognize them. The decision came after an appeals court allowed agencies to move forward with implementing President Donald Trump’s March executive order to terminate union contracts at a majority of federal agencies.

“If we still had our collective bargaining rights, none of this would have happened in the first place. We would have immediately filed grievances,” Chen said. “[With the MSPB appeal] our hope is that these employees get everything back — that they will have full reinstatement and full back pay.”

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