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Held not to bar suit

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...

Bouchard Transp. Co. v. Updegraff

The court holds that a district court erred in ruling that Florida is entitled to Eleventh Amendment immunity in a limitation of liability proceeding, but it correctly dismissed the Oil Pollution Act of 1990 (OPA) and Florida Pollution...

California v. Campbell

The court holds that the Eleventh Amendment does not immunize a receiver of estate trusts from being sued solely in its representative capacity. The state of California filed suit against the trustees of a manufacturer's estate to...

Strahan v. Coxe

The court vacates part of an injunction requiring state environmental agency officials to apply for a permit under the Marine Mammal Protection Act (MMPA) for takings caused by the agency's permitting and licensing operations, but...

In re SDDS, Inc.

The court directs a district court to enjoin South Dakota state officials from relitigating in state court issues that the federal circuit court has already decided concerning the permitting of a solid waste disposal facility. In ...

Waste Management of Pennsylvania, Inc. v. Shinn

The court holds that New Jersey's self-sufficiency policy, whose goal is to eliminate the use of out-of-state disposal facilities by the year 2000, violates the Commerce Clause of the U.S. Constitution. The state implemented the policy...

Powder River Basin Resource Council v. Babbitt

The court holds that the Eleventh Amendment to the U.S. Constitution does not bar a citizen group that was denied attorney fees by the Wyoming Department of Environmental Quality from asserting a Surface Mining Control and Reclamation...