Fearing State Penalties, DOJ Seeks Rehearing Of Air Law ‘Immunity’ Ruling

September 14, 2021
The Justice Department (DOJ) is seeking rehearing of a precedent-setting appellate ruling that found the Marine Corps liable for “punitive” damages claims over excess air emissions, saying the ruling takes an unlawfully broad view of a Clean Air Act sovereign immunity waiver and will invite states to seek “lucrative recoveries whenever possible." In a Sept. 13 petition for rehearing by the whole court en banc , DOJ seeks to reverse the July 29 ruling of the U.S. Court of Appeals...

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