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U.S. OIL RECOVERY SITE v. R.R. COM'N OF TEXAS

No. 17-20361.

898 F.3d 497 (2018)

UNITED STATES OIL RECOVERY SITE POTENTIALLY RESPONSIBLE PARTIES GROUP, Plaintiff-Appellee v. RAILROAD COMMISSION OF TEXAS; Stephen F. Austin State University; Texas A&M University; Texas Department of Criminal Justice; Texas Department of Transportation; Texas General Land Office; Texas Southern University; Texas State University System; University of Houston; the University of Texas System, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED August 1, 2018.

Attorney(s) appearing for the Case

Gary D. Justis , Rachel D. Guthrie , Matthew Merryman, Esq. , Justis Law Firm, L.L.C., Overland Park, KS, for Plaintiff-Appellee.

Rance Craft , Assistant Solicitor General, Thomas Haines Edwards , Assistant Attorney General, Office of the Attorney General for the State of Texas, Austin, TX, for Defendants-Appellants.

Before CLEMENT, HIGGINSON, and HO, Circuit Judges.

When the states ratified the Constitution, they did not abrogate their sovereignty, but instead created a federal government of limited, enumerated powers. As the Supreme Court has observed, "the founding document `specifically recognizes the States as sovereign entities.'" Alden v. Maine, 527 U...

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