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Marina Bay Realty Trust Ltd. Liab. Co. v. United States

ELR Citation: 35 ELR 20091
Nos. No. 04-1909, (1st Cir., 05/03/2005)

The First Circuit held that neither the Resource Conservation and Recovery Act (RCRA) nor the Federal Tort Claims Act (FTCA) waive U.S. sovereign immunity in a property owner's suit to recover monetary damages for its cleanup of past oil contamination on a former U.S. Navy base. RCRA contains no express waiver of immunity for private suits seeking monetary damages. And the FTCA only waives sovereign immunity for negligent or wrongful conduct by a federal employee. Here, the property owner failed to establish that the United States was "negligent or wrongful."

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