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STATE v. UNITED STATES

No. 20-1783.

7 F.4th 160 (2021)

STATE of North Carolina, ex rel.; Elizabeth S. Biser; North Carolina Department of Environmental Quality, Division of Air Quality, Plaintiffs-Appellants, v. UNITED STATES of America; United States Department of the Navy; United States Marine Corps; Marine Corps Air Station Cherry Point, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 29, 2021.

Attorney(s) appearing for the Case

ARGUED: Sarah Gardner Boyce , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellants. Robert Lundman , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. ON BRIEF: Joshua H. Stein , Attorney General, Ryan Y. Park , Solicitor General, Mary S. Crawley , Assistant Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Washington, D.C., for Appellant. Jonathan D. Brightbill , Principal Deputy Assistant Attorney General, Eric Grant , Deputy Assistant Attorney General, David Gunter , Environment and Natural Resources Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees.

Affirmed in part, reversed in part, and remanded for further proceedings by published opinion. Judge Motz wrote the opinion, in which Judge King joined. Judge Agee wrote an opinion concurring in part and dissenting in part.

After a coal-powered Marine Corps facility failed an air quality compliance test, and so violated its state permit, North Carolina assessed a civil penalty against it. The Marine Corps facility refused to pay, so North Carolina brought suit in state court, seeking recovery of the unpaid penalty. The federal government...

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