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· 4/30/1986

B.R. MacKay & Sons, Inc. v. United States

Citations

  • 633 F. Supp. 1290
  • 24 ERC 1685
  • 16 Envtl. L. Rep. (Envtl. Law Inst.) 20842
  • 24 ERC (BNA) 1685
  • 1986 U.S. Dist. LEXIS 26131

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting waiver of sovereign immunity in CERC-LA is not broad enough to allow claims against the United States for breaches of the NCP in carrying out cleanups
  • decided prior to SARA, case states that section 113(b) “does not operate to waive the United States’ sovereign immunity.” (footnote omitted)
  • no judicial review of final EPA action for a declaration of non-liability or liability under CERCLA prior to a cost recovery action
  • CERCLA does not waive sovereign immunity when removal action is inconsistent with the NCP
  • CERCLA does not waive sovereign immunity when removal action is inconsistent with the NCP

Source: CourtListener parenthetical corpus (CC0).

Judges: J. Thomas Greene

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.