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U.S. v. GEORGIA DEPT. OF NATURAL RESOURCES

Civ. A. No. 1:94-CV-2993-JOF.

897 F.Supp. 1464 (1995)

UNITED STATES of America, Plaintiff, v. GEORGIA DEPARTMENT OF NATURAL RESOURCES, Defendant.

United States District Court, N.D. Georgia, Atlanta Division.

August 2, 1995.

Attorney(s) appearing for the Case

Patricia Rebecca Stout, Russell Glenn Vineyard, Office of United States Attorney, Northern District of Georgia, Atlanta, GA, Naikang Tsao, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for plaintiff.

Diane L. DeShazo, State of Georgia Law Department, Atlanta, GA, Alan Gantzhorn, Office of State Attorney General, Atlanta, GA, for defendant.

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...

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