Garling v. United States Environmental Protection Agency

MATHESON, Circuit Judge.

Roger Garling, Sheryl Garling, and their business, R and D Enterprises, Inc., (collectively, “the Garlings”) sued the United States for damages arising from an Environmental Protection Agency (“EPA”) raid and investigation of their laboratory. The district court held the Garlings’ action time-barred under the Federal Tort Claims Act (“FTCA”). The Garlings appeal, arguing the EPA’s conduct was a continuing tort or, alternatively, that they were entitled to equitable tolling.

Exercising jurisdiction under 28 U.S.C. § 1291, we conclude that sovereign immunity barred the…