· 12/5/2008
South Carolina Wildlife Federation v. Limehouse
Citations
- 549 F.3d 324
- 39 Envtl. L. Rep. (Envtl. Law Inst.) 20294
- 2008 U.S. App. LEXIS 24722
- 2008 WL 5103093
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- nothing that the ”special relation” requirement is meant to “ensure[] that a federal injunction will be effective with respect to the underlying claim”
- explaining that courts may look to both state and federal law to determine if there is a duty to enforce imposed on the relevant official
- noting that a “special relation” under Ex parte Young measures “proximity to and responsibility for the challenged state action,” rather than requiring a qualitatively unique connection
- explaining that an official is a proper defendant under Ex parte Young, 209 U.S. 123 (1908), when the office bears a “special relation” to the challenged state action
- “[T]he existence of sovereign immunity is a question of law that we review de novo.” (alterations in original) (internal quotation marks omitted)
- “‘[S]pecial relation’ under Ex parte Young has served as a measure of proximity to and responsibility for the challenged state action.” (emphasis in original)
Source: CourtListener parenthetical corpus (CC0).
Judges: Motz, King, Duncan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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