Jump to Navigation
Jump to Content

Eleventh Amendment

Arizona v. California

The U.S. Supreme Court holds that a Native American tribe's and U.S. claims to additional water rights from the Colorado River are not precluded by a previous Court decision or by a 1983 consent decree entered into by the United States...

Farricielli v. Holbrook

The court vacates a district court decision denying Eleventh Amendment immunity to the commissioner of a state environmental agency who allegedly violated the Resource Conservation and Recovery Act (RCRA) by taking no action to prevent...

Vermont Agency of Natural Resources v. United States ex rel. Stevens

The U.S. Supreme Court holds that a private individual has standing to bring suit in federal court on behalf of the United States under the False Claims Act (FCA), but that the FCA does not subject a state or state agency to liability...

Bethel Native Corp. v. Department of the Interior

The court holds that the Eleventh Amendment does not bar the U.S. third-party claim against the state of Alaska for equitable apportionment of damages alleged in a Federal Tort Claims Act action brought by a Native American tribe...

Atlantic States Legal Found. v. Babbitt

The court holds that Eleventh Amendment sovereign immunity bars an environmental group's suit against a state environmental agency challenging the U.S. Fish and Wildlife Service's grant of a migratory bird depredation permit to the...

Entergy Arkansas, Inc. v. Nebraska

The court holds that an interstate radioactive waste commission can sue a member state for violating the good-faith provisions of a radioactive waste compact. The court first holds that the Eleventh Amendment does not bar the commission...

Michigan Peat v. EPA

The court reverses a district court's dismissal of a peat company's Federal Water Pollution Control Act (FWPCA) §404 and takings claims against the federal government concerning a proposed §404 permit. The court first holds that the...

Detroit Edison Co. v. Michigan Dep't of Envtl. Quality

The court holds that the Eleventh Amendment does not bar the removal from state to federal court of a power plant's federal and state claims against a state environmental agency. The power plant filed claims in state court against state...

United States v. Vermont Agency of Natural Resources

The court holds that states are "persons" within the meaning of the False Claims Act (FCA), 31 U.S.C. §3729(a), and, thus, are subject to suits under the Act. An employee of the state environmental agency brought this qui tam...

Costner v. URS Consultants, Inc.

The court affirms in part and reverses in part a district court decision holding that environmental groups could bring False Claims Act (FCA) claims against contractors at a Superfund site in Arkansas. In a qui tam action...