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Sovereign immunity

Sovereign Immunity and the National Nuclear Security Administration: A King That Can Do No Wrong?

The 1999 National Nuclear Security Administration Act (NNSA Act) threatens to reverse 20 years of reforms and court decisions intended to bring the U.S. Department of Energy (DOE) into compliance with environmental laws and regulations...

California ex rel. Sacramento Metro. Air Quality Management Dist. v. United States

The court holds that a local air pollution control agency cannot seek civil penalties from a U.S. Air Force base for past violations of the Clean Air Act (CAA) and state law. The court first holds that Congress, through the CAA, did not...

East Bay Mun. Util. Dist. v. Department of Commerce

The court holds that the U.S. government is not liable as an operator under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for hazardous waste cleanup costs at an abandoned mine site. The court first...