ELR Citation: ELR 20535
No(s). 93-7073 (3d Cir. Dec 21, 1993)

The court holds that the "sue-and-be-sued" provision of the Postal Reorganization Act (PRA) of 1970 waives the U.S. Postal Service's immunity from civil penalties for past violations of state environmental regulations to which Congress subjected the Postal Service through the federal facilities provision of the Federal Water Pollution Control Act (FWPCA). The court holds that by failing to adequately brief the issue, the Postal Service waived the argument that the civil penalties fall within one of the exceptions to the PRA's waiver of immunity, which are set forth in U.S. Supreme Court decisions. The court holds that the more limited waiver of immunity contained in the FWPCA's federal facilities provision does not narrow the waiver of immunity in the PRA to exclude civil penalties. Neither the language of the subsequently enacted FWPCA provision nor its legislative history expressly indicates congressional intent to narrow the waiver of immunity of entities that are subject to sue-and-be-sued clauses.

[The district court's decision is published at 23 ELR 20936.]

Counsel for Appellant
Carl B. Schultz, Ass't Attorney General
Attorney General's Office
Central Region Litigation
P.O. Box 8464, Harrisburg PA 17105
(717) 787-3391

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