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CALIFORNIA v. U.S.

No. 01-5031.

271 F.3d 1377 (2001)

State of CALIFORNIA, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 27, 2001.

Attorney(s) appearing for the Case

Gordon B. Burns, Deputy Attorney General, Office of the Attorney General, Department of Justice, State of California, of Sacramento, California, argued for plaintiff-appellant. With him on the brief were Bill Lockyer, Attorney General,; Pamela Smith-Steward, Chief Assistant Attorney General; Margaret Rodda, Senior Assistant Attorney General; and Darryl L. Doke, Supervising Deputy Attorney General.

Gregory R. Firehock, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. On the brief were Stuart E. Schiffer, Acting Attorney General; David M. Cohen, Director; James M. Kinsella, Deputy Director; and Lisa B. Donis, Attorney.

Before MICHEL, Circuit Judge, ARCHER, Senior Circuit Judge, and RADER, Circuit Judge.

MICHEL, Circuit Judge.

Plaintiff-Appellant State of California appeals the judgment of the United States Court of Federal Claims holding that the Flood Control Act of 1928, codified at 33 U.S.C. § 702c (1994), immunizes the United States from breach-of-contract claims for damages arising from or related to flood control projects. Because we conclude that, to the extent sovereign immunity might otherwise apply, it has been waived by the previously-enacted Tucker...

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