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UNITED STATES DEPARTMENT OF ENERGY v. OHIO

No. 90-1341.

503 U.S. 607 (1992)

UNITED STATES DEPARTMENT OF ENERGY v. OHIO et al.

United States Supreme Court.

Decided April 21, 1992.

Attorney(s) appearing for the Case

James A. Feldman argued the cause for petitioner in No. 90-1341 and respondent in No. 90-1517. With him on the briefs were Solicitor General Starr, Acting Assistant Attorney General Hartman, Deputy Solicitor General Wallace, Robert L. Klarquist, and Jacques B. Gelin.

Jack A. Van Kley, Assistant Attorney General of Ohio, argued the cause for respondents in No. 90-1341 and petitioners in No. 90-1517. With him on the brief were Lee Fisher, Attorney General, and Timothy J. Kern and Terrence S. Finn, Assistant Attorneys General.†

Souter, J., delivered the opinion for a unanimous Court with respect to Part II—C, and the opinion of the Court with respect to Parts I, II—A, II—B, and III, in which Rehnquist, C. J., and O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. White, J., filed an opinion concurring in part and dissenting in part, in which Blackmun and Stevens, JJ., joined, p. 629.

Justice Souter, delivered the opinion of the Court.

The question in these cases is whether Congress has waived the National Government's sovereign immunity from liability for civil fines imposed by a State for past violations of the Clean Water Act (CWA), 86 Stat. 816, as amended, 33 U. S. C. § 1251 et seq., or the Resource Conservation and Recovery Act of 1976 (RCRA), 90 Stat. 2796, as amended, 42 U. S. C. &...

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