878 F.2d 386
Unpublished Disposition
PEOPLE of the STATE of California, Plaintiff-Appellant,
v.
UNITED STATES of AMERICA, Department of Defense, Frank C.
Carlucci III, Secretary of Defense, William L. Ball,
Secretary of the Navy, E.J. Scheyder, Harry Mann,
Commanders, Mare Island Naval Shipyard, Defendants-Appellees.
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
No. 88-2912.
United States Court of Appeals, Ninth Circuit.
Submitted May 8, 1989.*
Decided June 26, 1989.
Before WALLACE and NOONAN, Circuit Judges, and BURNS, District Judge**.
ORDER***
California appeals the district court's ruling that the United States did not waive its sovereign immunity to civil penalties for violations of state hazardous waste disposal law in 42 U.S.C. Sec. 6961 (1988). In United States v. Washington, No. 87-4371, slip op. at 3635 (9th Cir. April 12, 1989), we decided that by the enactment of 42 U.S.C. Sec. 6961 the United States had not waived its sovereign immunity to such penalties. Because California's appeal properly raises only this issue, we hereby DISMISS THE APPEAL.
The panel finds this case appropriate for submission without oral argument pursuant to Fed.R.App.P. 34(a) and Ninth Cir.R. 34-4
The Honorable James M. Burns, United States District Judge for the District of Oregon, sitting by designation
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir.R. 36-3