California v. Department of Defense

ELR Citation: ELR 21023
No(s). CIV S-86-190 EJG (E.D. Cal. May 2, 1988)

The court rules that the federal government has not waived its sovereign immunity under Resource Conservation and Recovery Act (RCRA) Ā§6001 to actions brought by states for civil penalties. Waivers of sovereign immunity must be clear and unambiguous. Civil penalties are not clearly included in RCRA...