Legal Opinion
Mitzelfelt v. Department of Air Force
Court of Appeals for the Tenth Circuit
Decided May 21, 1990No. 89-2223PublishedCited by 18 opinions
1Opinion of the Court
STEPHEN H. ANDERSON, Circuit Judge.
The sole issue in this appeal is whether section 6001 of the Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. § 6961, waives all federal sovereign immunity from state civil penalties. We hold that it does not.
This case arose when the State of New Mexico notified the United States Air Force that Cannon Air Force Base was violating the State’s hazardous waste laws. After all but one of the violations was corrected, the State ordered the Air Force to remedy the situation and assessed a $5,000 civil penalty. The Air Force corrected the…
2Cases cited33 opinions
- International Brotherhood of Teamsters v. United StatesSupreme Court of the United States · 1977
- United States v. TestanSupreme Court of the United States · 1976
- United States v. MitchellSupreme Court of the United States · 1983
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- Weinberger v. Romero-BarceloSupreme Court of the United States · 1982
28 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- United States Department of Energy v. OhioSupreme Court of the United States · 1992
- United States v. ColoradoCourt of Appeals for the Tenth Circuit · 1993
- Pittman v. SullivanCourt of Appeals for the Eighth Circuit · 1990
- El Vadito De Los Cerrillos Water Ass'n v. New Mexico Public Service CommissionNew Mexico Supreme Court · 1993
- United States v. State Of ColoradoCourt of Appeals for the Tenth Circuit · 1993
13 more not listed; retrieve them via the Exa API.