Jump to Navigation
Jump to Content

Miami-Dade County, Fla. v. United States

ELR Citation: 36 ELR 20092
Nos. No. 01-10930 CV-JEM, (11th Cir., 05/08/2006)

The court upholds a lower court decision that the United States has no obligation to reimburse a Florida county for the costs it incurred treating soil and groundwater contamination at the Miami International Air Depot. From 1943 to 1966, the U.S. government maintained and repaired U.S. Air Force aircraft at the depot, and it actually owned the depot from 1943 to 1948. There is no evidence, however, that pollutants were released during its ownership or during the maintenance and repair of military aircraft. The lower court also reasonably determined that the U.S. government should not be held liable as an arranger for pollutants released by a private company that also operated at the site. And the U.S. government did not waive its sovereign immunity and, thus, is not susceptible to state-law claims.