SAN FRANCISCO – A San Francisco Superior Court judge ruled Tuesday that a former low-level manager of a recycling center can pursue False Claims Act allegations against Recology, a waste management company that touts its landfill diversion programs.

In denying Recology’s demurrer to the suit, Judge Ernest Goldsmith said plaintiff Brian McVeigh can proceed with his claims that he was fired from Recology for blowing the whistle on a kickback scheme in which he alleges Recology over reports its recycling to county and state officials for its own enrichment. His lawyers, Davis, Calif. and San Francisco solo attorneys David Anton and John Scott, filed the false claims suit in 2010, arguing that the scheme defrauded taxpayers who pay into funds that reward recycling at companies like Recology. Scott said McVeigh previously brought an unsuccessful suit for wrongful termination, which is on appeal.