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· 9/1/1992

State of Maine v. Department of Navy

Citations

  • 973 F.2d 1007
  • 23 Envtl. L. Rep. (Envtl. Law Inst.) 20211
  • 35 ERC (BNA) 1497
  • 1992 U.S. App. LEXIS 20526

How courts have described this case

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

  • concluding that an assessment was a fee and not a tax where the Navy benefitted from the mere availability of a spill response team even though the team had never responded to a spill at the Navy’s shipyard
  • applying Massachusetts case in context of State fees charged against a federal agency
  • Navy benefits from availability of spill response team, even though team has never responded to spill at shipyard
  • permissible to include cost of state emergency response team in state regulatory charge, even though team never had responded to spill at Navy’s facility
  • permissible to include cost of state emergency response team in state regulatory charge, even though team never had responded to spill at Navy's facility
  • fact that per-pound assessment for safe disposition of hazardous waste was not voluntary did not preclude finding that assessment was a regulatory fee

Source: CourtListener parenthetical corpus (CC0).

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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.