Legal Opinion
City of Lincoln v. United States
District Court, E.D. California
Decided September 25, 2017No. 2:16–cv–1164–KJM–ACPublishedCited by 2 opinions
1Opinion of the Court
Kimberly J. Mueller, United States District Judge
In the early 1960s, the United States Air Force constructed and operated an intercontinental ballistic missile launch facility whose refuse was taken to a nearby landfill in the City of Lincoln. The City, alleging hazardous material within the refuse contaminates underground water today, sues for costs related to this ongoing contamination. The United States now moves to dismiss the City's Federal Tort Claims Act claims for lack of subject matter jurisdiction, which the City opposes. For the reasons discussed below, the court GRANTS the motion.
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2Cases cited53 opinions
- United States v. MitchellSupreme Court of the United States · 1980
- United States v. GaubertSupreme Court of the United States · 1991
- Safe Air for Everyone v. MeyerCourt of Appeals for the Ninth Circuit · 2004
- Berkovitz v. United StatesSupreme Court of the United States · 1988
- United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
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3Cited by2 opinions
- Rio Linda Elverta Community Water District v. USADistrict Court, E.D. California · 2022
- Sacramento Suburban Water District v. Elementis Chromium Inc.District Court, E.D. California · 2022