ELR Citation: ELR 20936
No(s). 3: CV-91-1046 (M.D. Pa. Dec 30, 1992)

The court holds that the U.S. Postal Service, as sovereign, is immune from claims for civil penalties for violations of a state clean water act. Pennsylvania's Department of Environmental Resources brought an administrative action against the U.S. Postal Service seeking civil penalties for discharge of sediment to surface waters in violation of a state-issued permit. The U.S. Postal Service removed to federal district court. The court holds that the Federal Water Pollution Control Act's (FWPCA's) sovereign immunity waiver impliedly limits the waiver found in the 1970 Postal Act, because the FWPCA's waiver groups the U.S. Postal Service with other government entities. The court finds that Congress intended FWPCA §313(a), which does not extend to civil penalties, to govern liability of all federal entities and ensure uniform enforcement of environmental laws.

Counsel for Plaintiff
David Wersan
Indiana Department of Environmental Management
105 S. Meridian St., P.O. Box 6015, Indianapolis IN 46206
(317) 232-3210

Counsel for Defendant
John C. Nagle
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000