United States First Circuit

The United States did not waive its sovereign immunity for a suit by private owner to recover monetary damages for its cleanup of past oil contamination on property that was formerly a US Navy base.

Appellate Information

• Decided 05/03/2005
• Published 05/03/2005

Judges

• STAHL, Senior Circuit Judge., Before LIPEZ, Circuit Judge, STAHL, Senior Circuit Judge, and OBERDORFER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• William A. DeVasher, Jr., with whom Michael B. Cosentino, Molly Cochran, and Seegel, Lipshutz & Wilchins, P.C., were on brief, for appellants.


• For Appellees:
  
• David C. Shilton, Attorney, Appellate Section, with whom Thomas L. Sansonetti, Assistant Attorney General, Andrew Doyle, Attorney, Environmental Defense Section, and John Stahr, Attorney, Appellate Section, U.S. Department of Justice, Environment & Natural Resources Division, were on brief, for appellees., Theodore L. Hunt, Attorney, with whom Peter D. Keisler, Assistant Attorney General, J. Patrick Glynn, Director, Joann J. Bordeaux, Deputy Director, David S. Fishback, Assistant Director, and Henry T. Miller, Senior Trial Counsel, U.S. Department of Justice, Civil Division, Torts Branch, Environmental Torts Section, were on brief, for appellees.