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Ohio v. Department of Energy

ELR Citation: ELR 20586
Nos. No. C-1-86-0217, 689 F. Supp. 760/27 ERC 1377/(S.D. Ohio, 03/18/1988)

The court rules that Resource Conservation and Recovery Act (RCRA) §6001 and Federal Water Pollution Control Act (FWPCA) §313 waive the federal government's sovereign immunity from civil penalties imposed by states. RCRA §6001 waives sovereign immunity for "procedural requirements," and the court holds that this includes enforcement devices....

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