Beentjes v. Placer County Air Pollution Control Dist.

ELR Citation: ELR 20028
No(s). 03-15598 (9th Cir. Feb 4, 2005)

The Ninth Circuit held that California's air pollution control districts are not arms of the state and therefore are not entitled to sovereign immunity under the Eleventh Amendment. To determine whether an entity is an arm of the state, the Ninth Circuit uses a five-point test that looks at whether ...