Mo. Can't Cry Immunity To Utility's Claims: 8th Circ.

Law360, New York (June 11, 2009, 12:00 AM EDT) -- A U.S. appellate court has affirmed that Missouri can't use the 11th Amendment's sovereign immunity provision to shield itself from a utility's counterclaims in a Clean Water Act suit filed by the state and the federal government.

On Tuesday, the U.S. Court of Appeals for the Eighth Circuit affirmed the U.S. District Court for the Eastern District of Missouri's decision allowing the Metropolitan St. Louis Sewer District's counterclaims to move forward.

Missouri waived its Eleventh Amendment sovereign immunity rights when it joined the federal government in...
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