State of North Carolina v. US

  1. September 24, 2021

    4th Circ. Won't Reconsider NC Pollution Fine Against Marines

    The Fourth Circuit on Friday refused the U.S. Marine Corps' request to reconsider a split panel decision to uphold a civil penalty against the military branch for failing to comply with the emissions limitations for one of its coal-fired boilers in North Carolina.

  2. September 14, 2021

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

    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.

  3. July 29, 2021

    4th Circ. Revives NC's Air Emissions Fee Suit Against Feds

    The Marine Corps can't dodge a civil penalty imposed by North Carolina for violating emissions caps at one of its coal-fired boilers in the state, the Fourth Circuit ruled, determining the Clean Air Act waives sovereign immunity for penalties.

  4. September 28, 2020

    NC Tells 4th Circ. Feds Must Pay Air Emissions Fine

    North Carolina has told the Fourth Circuit that the federal government was wrongly allowed to dodge a fine over air emissions, arguing that Congress specifically amended the Clean Air Act to ensure states could pursue the federal government for rule violations.