ELR Citation: ELR 21287
No(s). 88 C 5407 (N.D. Ill. Apr 20, 1990)

The court holds that a metropolitan sanitary district's claim for civil penalties against the United States Navy for failure to comply with a sewage discharge agreement is barred by the doctrine of sovereign immunity. The court first holds that it has subject matter jurisdiction under §313 of the Federal Water Pollution Control Act (FWPCA), which waives the government's immunity from suits seeking to enforce state regulations regarding the control and abatement of water pollution. The court also holds that although FWPCA §313 waives the government's sovereign immunity to suits seeking civil penalties that arise under federal law, the district has not shown that the penalties it seeks arise under federal law. Absent assertions that the penalties sought are for violations of standards formulated or permits issued under a state-operated Environmental Protection Agency-approved program under the National Pollutant Discharge Elimination System, sovereign immunity bars the district's claim for civil penalties.

[The prior decision in this litigation is published at 20 ELR 20272.]

Counsel for Plaintiff
Paul D. Lindauer, Jr., Allen S. Lavin
The Metropolitan Sanitary District of Greater Chicago
100 E. Erie, Chicago IL 60611
(312) 751-5600

Counsel for Defendants
James J. Kubik, Ass't U.S. Attorney
U.S. Attorney's Office, Civil Division
219 S. Dearborn St., Rm. 1500, Chicago IL 60604
(312) 353-5300