California Ex Rel. Sacramento Metropolitan Air Quality Management District v. United States
Opinion
Opinion
Damrell, J.
MEMORANDUM AND ORDER
Plaintiff People of the State of California by the Sacramento Air Quality Management District (“SMAQMD”) bring this action seeking civil penalties from defendants the United States of America, Department of the Air Force, Sacramento Air Logistics Center and McClellan Air Force Base, California (collectively “United States”) for violations of SMAQMD Rule 201 — General Permit Requirements and Permit to Operate Number 11872. SMAQMQ brings this action pursuant to the federal facilities provision of the Clean Air Act (“CAA”), 42 U.S.C. § 7418 . Complaint, ¶ 4.
This matter is before the court on the parties’ cross motions for summary judgment. The facts are undisputed. The sole issue before the court is whether Congress, through the CAA, waived the United States’ sovereign immunity from liability for punitive civil penalties imposed by a State for past violations of'the CAA and state laws promulgated pursuant thereto. The court finds Congress did not so waive the United States’ sovereign immunity. Accordingly, the United States’ motion for summary judgment is granted, and SMAQMD’s motion for summary judgment is denied.