United States Third Circuit
Commonwealth of Pennsylvania v. Lockheed Martin Corporation, 10-4078
In a contractor's suit against Pennsylvania (PA) and Department of Conservation and Natural Resources (DCNR), alleging that the District Court erred by concluding that the PA and DCNR retained their Eleventh Amendment immunity from suit when the Pennsylvania Department of Environmental Protection (PADEP), another state agency, voluntarily filed a complaint in federal court against contractor pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. section 9607(a), for cleanup costs associated with Quehanna Wild Area Nuclear Site, the District Court's judgment is vacated and case remanded with instructions to dismiss for mootness the contractor's complaint against PA and DCNR. Because of mootness, the merits of the Eleventh Amendment immunity issue are not addressed.
Appellate Information
- Decided 06/05/2012
- Published 06/05/2012
Judges
- ROTH
Court
- United States Third Circuit