Marines Ask 4th Circ. To Rehear NC Air Pollution Penalty

By Juan Carlos Rodriguez (September 14, 2021, 5:57 PM EDT) -- The U.S. Marine Corps on Tuesday asked the Fourth Circuit to reconsider a split panel's decision to uphold a civil penalty imposed by North Carolina for violating emissions caps at a coal-fired boiler, arguing that the Clean Air Act does not waive sovereign immunity for punitive civil penalties.

The Marines said that although the Clean Air Act waives the federal government's sovereign immunity for injunctions and civil penalties that are designed to pressure a branch of the government to comply with state emissions limitations, the 2-1 panel in July misread the statute as extending the waiver to punitive civil penalties....

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