Federal Case

How courts have described this case

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

• “Privity exists when two parties to two separate suits have a close relationship bordering on near identity.”
• “Sovereign immunity … is a jurisdictional threshold matter and it is well-established that questions of subject matter jurisdiction can be raised for the first time on appeal.”
• “The ‘laboring oar’ is pulled on much earlier in the process. It occurs at the authorization stage when the EPA grants the state permission to enforce the EPA’s interests through the state’s own” program
• “plain meaning” should be determined in light of context, object, and policy
• “The EPA may not, however simply fill the perceived gaps it sees in a state’s enforcement action by initiating a second enforcement action without allowing the state an opportunity to correct the deficiency and then withdrawing the state’s authorization.”

Source: CourtListener parenthetical corpus (CC0).