ELR Citation: ELR 20818
No(s). A-221-73 Cr (D. Alaska Apr 29, 1974)

The court holds that the Clean Air Act Amendments of 1970 waived sovereign immunity as to civil suits but not as to criminal prosecutions, and dismisses a criminal action against four employees of a federal railroad for violating a clean air ordinance by burning a number of telephone poles. The court also rules that it is prevented from considering whether defendants' conduct fell within in the ultra vires exception to the doctrine of sovereign immunity, because the complaint does not set forth the defendants' lack of authority to engage in burning telephone poles.

Counsel for Plaintiff
Joan M. Katz Asst. Borough Attorney
Anchorage, AK 99501

Counsel for Defendants
James R. Walpole
Department of Justice
Washington, DC 20530

G. Kent Edwards U.S. Attorney
A. Lee Petersen Asst. U.S. Attorney
U.S. Courthouse
Anchorage, AK 99501