ELR Citation: ELR 20606
No(s). C-70-487 SAM (N.D. Cal. Jan 19, 1971)

Where amendment to Federal Water Pollution Control Act requires any federal agency having jurisdiction over any real property or facility to comply with state and local water quality standards "consistent with the paramount interest of the United States as determined by the President," and where president has failed to indicate that noncompliance is in paramount interest of United States, the claim of sovereign immunity is no defense to action by California against Commanding General of Fort Ord Military Reservation for injunctive and monetary relief for pollution of Monterey Bay. Complaint states case of action. Action dismissed July 15, 1971, in accordance with Stipulation for Dismissal of Action entered into by parties.

Counsel for California:
Thomas C. Lynch former Attorney General
State Capitol
Sacramento, CA 95814
(916) 445-9555

Counsel for Defendant:
James L. Browning U.S. Attorney
Rodney H. Hambling Assistant U.S. Attorney
Federal Building
458 Golden Gate Avenue
San Francisco, CA 94102
(415) 556-1126