COM. OF PA. DEPT. OF ENV. RES. v. U.S. POSTAL SERV.

No. 93-7073.

13 F.3d 62 (1993)

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Appellant, v. UNITED STATES POSTAL SERVICE, Appellee.

United States Court of Appeals, Third Circuit.

Decided December 21, 1993.


Attorney(s) appearing for the Case

Carl B. Schultz (argued), David Wersan, Office of Chief Counsel, Pennsylvania Dept. of Environmental Resources, Harrisburg, PA, for Com. of Pa., Dept. of Environmental Resources.

Peter R. Steenland, Jr., Acting Asst. Atty. Gen., Wayne P. Samuelson, U.S. Atty., John Copeland Nagle (argued), Michael A. McCord, Attys., U.S. Dept. of Justice, Environment & Natural Resources Div., Environmental Defense Section, Washington, DC, for U.S. Postal Service.

Before: SCIRICA, ALITO and SEITZ, Circuit Judges.


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...

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