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Held not to bar suit

Barnstable v. O'Connor

The First Circuit reversed a lower court decision dismissing a lawsuit concerning a proposed offshore wind power generation facility in Nantucket Sound. Opponents of the facility—a town, an advocacy group, and several individuals and...

South Carolina Wildlife Fed'n v. Limehouse

The Fourth Circuit affirmed a lower court decision denying a motion to dismiss environmental groups' National Environmental Policy Act (NEPA) claim against the director of the South Carolina Department of Transportation concerning the...

Beentjes v. Placer County Air Pollution Control Dist.

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...

Clean Air Council v. Mallory

The court holds that the Secretary of the Pennsylvania Department of Transportation and the Secretary of the Pennsylvania Department of Environmental Protection violated the Clean Air Act (CAA) by failing to implement state...

Entergy Arkansas, Inc. v. Nebraska

The court affirms in part and reverses in part a district court decision holding that certain beneficiaries to the Central Interstate Low-Level Radioactive Waste Compact (the Compact) had a right to sue Nebraska for acts delaying the...

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...

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...

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...

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...