UNITED STATES of America, Plaintiff-Appellant,
v.
TENNESSEE AIR POLLUTION CONTROL BOARD, Defendant-Appellee.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: June 11, 1998.
Decided and Filed: July 22, 1999.
Attorney(s) appearing for the Case
William L. Deneke, Assistant U.S. Attorney, Nashville, Tennessee, John T. Stahr, U.S. Department of Justice, Land & Natural Resources Division, Washington, D.C., Naikang Tsao (argued and briefed), Evelyn S. Ying (briefed), U.S. Department of Justice, Environment & Natural Resources Division, Washington, D.C., for Plaintiff-Appellant.
Barry Turner (argued and briefed), Office of the Attorney General, Environmental Division, for Defendant-Appellee.
Susan E. Ashbrook (briefed), April R. Bott (briefed), Office of the Attorney General of Ohio, Environmental Enforcement Section, Columbus, Ohio, for Amicus Curiae State of Ohio, State of Arkansas, State of Colorado, State of Connecticut, State of Hawaii, State of Idaho, State of Illinois, State of Iowa, State of Minnesota, State of Montana, State of Nevada, State of New Mexico, State of New York, State of North Carolina, State of Virginia, State of Washington, State of West Virginia.
Kathleen C. Walsh (briefed), Leslie M. Krinsk (briefed), State of California Air Resources Board, Sacramento, California, Michael W. Neville (briefed), Office of the Attorney General, Department of Justice, San Francisco, California, for Amicus Curiae State of California Air Resources Board.
Terence G. Dutton (briefed), Office of County Counsel for San Diego County, San Diego, California, Robert N. Kwong (briefed), Bay Area Quality Management District, San Francisco, California, Catherine M. Spinelli (briefed), Sacramento Metropolitan Air Quality Management District, Sacramento, California, William M. Dillon (briefed), Santa Barbara County Counsel's Office, Santa Barbara, California, for Amicus Curiae Santa Barbara County Air Pollution Control District, Sacramento Metropolitan Air Quality Management District, Bay Area Air Quality Management District, San Diego County Air Pollution Control District.
Before: NELSON and RYAN, Circuit Judges; ROSEN, District Judge.
United States Court of Appeals, Sixth Circuit.
OPINION
DAVID A. NELSON, Circuit Judge.
This is an appeal from a judgment in which the district court declined to set aside a $2,500 civil penalty assessed by an administrative agency of the State of Tennessee against the United States Army for failure to comply with Tennessee's air pollution regulations. At issue is the extent to which the federal government's sovereign immunity has been waived by §§...
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