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JORLING v. U.S. DEPT. OF ENERGY

Docket No. 99-6188

218 F.3d 96 (2000)

Thomas C. JORLING, as Commissioner of the New York State Department of Environmental Conservation and New York State Department of Environmental Conservation, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF ENERGY, John S. Herrington, as Secretary of the United States Department of Energy, U.S. Department of Transportation, United States Coast Guard, James Burnley, IV, as Secretary of the United States Department of Transportation, Paul A. Yost, Admiral Commandant of the United States Coast Guard, U.S. Department of the Army, John O. Marsh, Jr., Secretary of the United States Department of the Army, U.S. Department of the Air Force, and Edward C. Aldridge, Jr., as Secretary of the United States Department of the Air Force, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 31, 2000

Attorney(s) appearing for the Case

Robert H. Oakley, Washington, D.C. (Lois J. Schiffer, Asst. Atty. Gen., Environment and Natural Resources Div., David M. Thompson, John T. Stahr, U.S. Dept. of Justice, Washington, D.C., on the brief), for defendants-appellants.

Maureen F. Leary, Asst. Atty. Gen., New York, N.Y. (Eliot Spitzer, N.Y. State Atty. Gen., Peter H. Schiff, Dep. Solicitor Gen., David A. Munro, Asst. Atty. Gen., Albany, N.Y., on the brief), for plaintiffs-appellees.

Before: NEWMAN, KEARSE, and CABRANES, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

The issue on this appeal is whether certain hazardous waste regulatory charges imposed by New York on federal installations are "reasonable service charges" within the meaning of the provision of the Resource Conservation and Recovery Act that waives the sovereign immunity of the United States. See 42 U.S.C. § 6961(a) (1994). The United States Department of Energy and others (collectively "USDOE") appeal from the June 3, 1999...

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