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) §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 §6001's waiver of sovereign immunity for "procedural requirements," particularly because Congress considered and rejected legislation that would have included civil penalties in the waiver. The court also holds that there is no implied consent to the imposition of civil penalties.

Counsel for Plaintiff
Reed Sato
P.O. Box 94425, 1515 K St., Sacramento CA 94244-2550
(916) 454-2502

Counsel for Defendants
Marilyn Perry Jacobsen
Department of Justice
P.O. Box 23986, Washington DC 20026-3986
(202) 633-2664

Joseph F. Smith Jr.
Department of Navy
Mare Island Naval Shipyard, Vallejo CA 94592-5100
(707) 646-4157