Legal Opinion
United States v. Union Gas Company v. Commonwealth of Pennsylvania and the Borough of Stroudsburg. Appeal of Union Gas Company
Court of Appeals for the Third Circuit
Decided June 10, 1986No. 85-1177PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
BECKER, Circuit Judge.
This appeal presents a single question: whether the eleventh amendment bars defendant-third party plaintiff Union Gas Company from suing the state of Pennsylvania for monetary damages in an action arising under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund), 42 U.S.C. § 9601 et seq. (1982). The district court held that the eleventh amendment was a bar to suit and dismissed Union Gas’ claim against the state. We affirm.
I. THE FACTS
The relevant facts can be summarized quite briefly. Predecessors of Union…
2Cases cited24 opinions
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Edelman v. JordanSupreme Court of the United States · 1974
- Quern v. JordanSupreme Court of the United States · 1979
- Hans v. LouisianaSupreme Court of the United States · 1890
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
19 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Pennsylvania v. Union Gas Co.Supreme Court of the United States · 1989
- United States v. Union Gas Company v. Commonwealth of Pennsylvania and the Borough of Stroudsburg. Appeal of Union Gas CompanyCourt of Appeals for the Third Circuit · 1987
- United States v. Union Gas Co.District Court, E.D. Pennsylvania · 1990
- American Federation of State, County, & Municipal Employees v. Corrections Department of New MexicoDistrict Court, D. New Mexico · 1992
- United States v. CliffordDistrict Court, E.D. Virginia · 2002
7 more not listed; retrieve them via the Exa API.