ELR Citation: ELR 20291
No(s). 83-6368 (9th Cir. Jan 14, 1985)

The court holds that §6001 of the Resource Conservation and Recovery Act does not waive sovereign immunity to state criminal actions. In an action against the Veterans Administration arising under California law governing disposal of hazardous waste, the court first notes that a waiver of sovereign immunity must be clearly and unambiguously expressed by Congress. It finds that §6001's requirement that federal agencies comply with state "all substantive and procedural requirements" extends to disposal standards, permits, and reporting duties, not to criminal sanctions. Finally, the court observes that its holding in an action essentially against the United States, does not necessarily apply to all prosecutions against federal officers or agencies.

Counsel for Appellant
Steven R. Tekosky, Deputy City Attorney
200 N. Main St., Los Angeles CA 90012
(213) 485-6286

Counsel for Appellees
Dean K. Dunsmore
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2216

Before GOODWIN, FARRIS, and POOLE, Circuit Judges.