United States Eleventh Circuit
CITY OF JACKSONVILLE v. DEPT. OF THE NAVY, 03-10570
In an action alleging past violations of state and local air pollution control laws enacted pursuant to the Federal Clean Air Act, denial of the city's motion to remand is affirmed where the defendant properly removed this action to the federal district. District court's finding that the Act waives the US's immunity from punitive penalties is reversed where there is no unequivocal statement within the statute to find that Congress intended to waive the federal government's sovereign immunity from punitive penalties.
Appellate Information
- Decided 10/28/2003
- Published 10/28/2003
Judges
- FAY, Circuit Judge:, Before BLACK and FAY, Circuit Judges, and JORDAN , District Judge.
Court
- United States Eleventh Circuit
Counsel
- For Appellees:
- Kathryn E. Kovacs, Ellen J. Durkee, Washington, DC, for Defendant-Appellant., Jason R. Teal, Tracey I. Arpen, Jr., Jacksonville, FL, for Plaintiff-Appellee.