Deepening Split, 4th Circuit Finds U.S. Agencies Can Face State Air Penalties

August 4, 2021
The U.S. Court of Appeals for the 4th Circuit in a precedential decision has found that federal entities are not immune from state efforts to collect “punitive” civil penalties for Clean Air Act violations, while also backing a Justice Department (DOJ) drive to remove North Carolina’s case to federal court, deepening a circuit split on both issues. In its 2-1 ruling issued July 29 in State of North Carolina, ex rel.; Elizabeth S. Biser; North Carolina Department of Environmental Quality...

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