United States First Circuit

The McCarran Amendment, 43 U.S.C. section 666, which waived the sovereign immunity of the U.S. in suits for the general adjudication or administration of water rights, does not apply to local proceedings instituted by Puerto Rico's Department of Natural and Environmental Resources, which cannot be characterized as "suits."

Appellate Information

• Decided 04/24/2002
• Published 04/24/2002

Judges

• SELYA, Circuit Judge., Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and SELYA, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Roberto J. Sánchez-Ramos, Solicitor General, and Salvador J. Antonetti-Stutts, Director, Federal Litigation Division, Puerto Rico Department of Justice, with whom Vanessa Lugo-Flores, Deputy Solicitor General, Daniel Riesel, Elizabeth Read, and Sive, Paget & Riesel, were on brief, for appellants.


• For Appellees:
  
• Katherine J. Barton, Attorney, Environment & Natural Resources Division, United States Department of Justice, with whom John C. Cruden, Acting Assistant Attorney General, William B. Lazarus, Attorney, Environment & Natural Resources Division, Guillermo Gil, United States Attorney, Isabel Muñoz Acosta, Assistant United States Attorney, and John Tew, Office of General Counsel, United States Department of the Navy, were on brief, for appellee.