Waiver of Federal Sovereign Immunity and the Clean Air Act: Clearing Up a Split Among the Circuit Courts
Editor's Summary: When state or local government entities sue the federal government under the CAA, they can find themselves barred by the doctrine of federal sovereign immunity, which prevents suit against the U.S. government. They must find an applicable statutory provision that waives sovereign immunity and is applicable to their case to survive a motion to dismiss. This author analyzes whether sovereign immunity is waived under the CAA as to punitive civil penalties in enforcement actions brought by states and local governments.