STATE OF MO. v. U.S.

No. 96-2244EM.

109 F.3d 440 (1997)

STATE OF MISSOURI and Mel Carnahan, Governor of the State of Missouri, Appellants, v. UNITED STATES of America; U.S. Environmental Protection Agency; United States Department of Transportation; and Carol M. Browner, Administrator of the United States Environmental Protection Agency, in her official capacity, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 20, 1997.


Attorney(s) appearing for the Case

Joseph P. Bindbeutel, Assistant Attorney General, argued, Jefferson City, MO (John R. Munich, Timothy P. Duggan, and John F. Brink, on the brief), for appellants.

Jeffrey P. Kehne, U.S. Department of Justice, argued, Washington, DC (Ronald M. Spritzer, Albert M. Ferlo, Jan M. Tierney, Robert Patrick, Reid Alsop, and Louis J. Schiffer, on the brief), for appellees.

Before RICHARD S. ARNOLD, Chief Judge, BEAM, Circuit Judge, and ALSOP, District Judge.


RICHARD S. ARNOLD, Chief Judge.

In the present action, the state of Missouri challenges certain actions of the EPA Administrator under the Clean Air Act, 42 U.S.C. § 7401 et seq., as well as parts of the Act itself, as violations of the Tenth Amendment and the Spending Clause. Missouri brought suit in the District Court, however, rather than directly in our Court, as the Clean Air Act requires. The District Court was therefore without jurisdiction to hear...

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