Legal Opinion

United States v. Washington

Court of Appeals for the Ninth Circuit

Decided April 12, 1989No. 87-4371PublishedCited by 60 opinions

1Opinion of the Court

ALARCON, Circuit Judge:

The State of Washington, the Department of Ecology of the State of Washington, and the Environmental Hearings Office of the State of Washington (hereinafter collectively referred to as “Washington”) appeal from the grant of summary judgment in favor of the United States of America (United States). The issue we must decide in this case is whether Congress, in enacting the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. § 6961 (1982), expressly and unequivocally waived federal sovereign immunity from administrative penalties assessed by a state for…

2Cases cited16 opinions

  1. Blum v. StensonSupreme Court of the United States · 1984
  2. United States v. MitchellSupreme Court of the United States · 1980
  3. Environmental Protection Agency v. California Ex Rel. State Water Resources Control BoardSupreme Court of the United States · 1976
  4. Edward Ashton v. Kenneth CoryCourt of Appeals for the Ninth Circuit · 1986
  5. Hancock v. TrainSupreme Court of the United States · 1976

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3Cited by60 opinions

  1. Arthur Robbins, III v. Tom L. CareyCourt of Appeals for the Ninth Circuit · 2007
  2. Raymond M. Cornwell v. Electra Central Credit Union James E. SharpCourt of Appeals for the Ninth Circuit · 2006
  3. Shabanali Ladha Khatoon Ladha Farzana S. Ladha v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
  4. Bonin v. VasquezCourt of Appeals for the Ninth Circuit · 1993
  5. United States Department of Energy v. OhioSupreme Court of the United States · 1992

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