United States v. Georgia Department of Natural Resources

ORDER

FORRESTER, District Judge.

This matter is before the court on the parties’ cross motions for summary judgment. There are no factual disputes and the sole legal issue to be decided by this court is whether the Clean Air Act contains a waiver of sovereign immunity permitting a state to impose punitive civil fines on the United States.

I. FACTS

On March 21, 1994, the Georgia Department of Natural Resources (“GDNR”) filed administrative petitions with the Georgia Board of Natural Resources seeking to impose punitive civil penalties on the United States Army 1 and the Federal Bureau of Prisons 2…