ELR Citation: ELR 20471
No(s). C-72-1865-SC (N.D. Cal. Dec 28, 1973)

The state's motion for partial summary judgment on its claim for damages of $6,000 per day for an oil spill from a U.S. Navy vessel is denied on the grounds that federal agencies and officers are not liable for civil penalties. The Navy may not invoke the doctrine of sovereign immunity and, in fact, may be liable for compensatory damages under the Federal Water Pollution Control Act. However, according to the act and also to Missouri Pacific R. Co. v. Ault, a state may not recover a penalty for a federal agency's violation of state law. While the District Court recognizes the validity of the state's contention that traditional means of assessing damages are impossible to apply here, and hence $6,000 per day is not necessarily unreasonable, the nature of the statute as well as the state's characterization of it indicate that the charge is a penalty. Since a penalty may not be imposed upon a federal agency, summary judgment is directed for the Department of the Navy despite their failure to so request.

Counsel for Plaintiff
Evelle J. Younger
Attorney General
600 State Building
217 West First St.
Los Angeles, CA 90012

Counsel for Defendants
James L. Browning, Jr. U.S. Attorney
450 Golden Gate Ave.
San Francisco, CA 94102