DOE v. State of Ohio: David duels Goliath in the Supreme Court
On December 3,1991, the US Supreme Court heard arguments in a case whose outcome could have sweeping repercussions for states seeking to obtain civil penalties from federal agencies for violating environmental laws. A ruling is expected later this spring. Both the US Department of Energy (DOE) and the state of Ohio petitioned the high court to review a June 1990 federal appeals court decision that would require the federal government to pay a $250,000 civil fine for violating the Clean Water Act (CWA) and the Resource Conservation and Recovery Act (RCRA) at DOE's nuclear weapons plant in Frenaud, Ohio. The appeals court determined that Ohio could obtain state civil penalties pursuant to the waiver provisions in the CWA, and federal civil penalties, payable to the federal treasury, pursuant to the citizen suit provision in the RCRA.
- OSTI ID:
- 6000793
- Journal Information:
- Water Environment amp Technology; (United States), Journal Name: Water Environment amp Technology; (United States) Vol. 4:3; ISSN WAETEJ; ISSN 1044-9493
- Country of Publication:
- United States
- Language:
- English
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Related Subjects
293000* -- Energy Planning & Policy-- Policy
Legislation
& Regulation
99 GENERAL AND MISCELLANEOUS
990400 -- Law
ADMINISTRATIVE PROCEDURES
APPEALS
CLEAN WATER ACTS
COURTS
DEVELOPED COUNTRIES
FEED MATERIALS PLANTS
FEED MATERIALS PRODUCTION CENTER
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LAWS
LAWSUITS
NATIONAL ORGANIZATIONS
NORTH AMERICA
NUCLEAR FACILITIES
NUCLEAR WEAPONS
OHIO
POLLUTION LAWS
RESOURCE CONSERVATION
US AEC
US DOE
US ERDA
US ORGANIZATIONS
USA
VIOLATIONS
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