Legal Opinion

Commonwealth of Pennsylvania, Department of Environmental Resources v. United States Postal Service

Court of Appeals for the Third Circuit

Decided December 21, 1993No. 93-7073PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

ALITO, Circuit Judge:

The Commonwealth of Pennsylvania, Department of Environmental Resources (“DER”) appeals from a district court order granting judgment on the pleadings in favor of the United States Postal Service on the DER’s claim for civil penalties based on violations of state environmental requirements, 810 F.Supp. 605. The district court held that the Postal Service retained sovereign immunity with respect to these penalties. We hold that the district court’s reasoning is inconsistent with governing Supreme Court precedent, and we therefore reverse the district…

2Cases cited18 opinions

  1. United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
  2. Library of Congress v. ShawSupreme Court of the United States · 1986
  3. Ardestani v. Immigration & Naturalization ServiceSupreme Court of the United States · 1991
  4. Federal Housing Administration, Region No. 4 v. BurrSupreme Court of the United States · 1940
  5. Loeffler v. FrankSupreme Court of the United States · 1988

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3Cited by15 opinions

  1. Martinez v. United States Post OfficeDistrict Court, D. New Jersey · 1995
  2. McGee v. Tucoemas Federal Credit UnionCalifornia Court of Appeal · 2007
  3. United States v. Lewis CountyCourt of Appeals for the Ninth Circuit · 1999
  4. Marcella v. Brandywine HospitalCourt of Appeals for the Third Circuit · 1995
  5. Kieffer v. VilkDistrict Court, D. New Jersey · 1998

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