ELR Citation: ELR 20863
No(s). 86-1972 (9th Cir. Apr 27, 1988)

The court holds that only the Environmental Protection Agency (EPA) can assess civil penalties under Federal Water Pollution Control Act (FWPCA) §309(d), and FWPCA §313 does not waive the federal government's sovereign immunity from state civil penalties. California had sought civil penalties unde...