red
Negative treatment
Overruled by Seminole Tribe of Florida v. Florida (1996) ↗
Quoted verbatim 7×
25.2 score
Cite instead
Cite for current doctrine:
Seminole Tribe of Florida v. Florida (1996)
G Cite
cited 2× by 2 distinct cases, last quoted 1995 · 2 courts ·
…congress intended that states be liable along with everyone else for cleanup costs recoverable under cercla.
⚠ not in text
Treatment trajectory · 1989 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers.
How cited ↗
cited
Cited "but see"
Mario Echazabal v. Chevron Usa, Inc. Irwin Industries, Inc.,opinion
But see Pennsylvania v. Union Gas Co., 491 U.S. 1 , 109 S.Ct. 2273 , 105 L.Ed.2d 1 (1989); U.S. Const, amend.
cited
Cited "but see"
Mario Echazabal v. Chevron Usa, Inc. Irwin Industries, Inc.
But see Pennsylvania v. Union Gas Co., 491 U.S. 1 , 109 S.Ct. 2273 , 105 L.Ed.2d 1 (1989); U.S. Const, amend.
discussed
Cited "but see"
Cosby v. Jackson
But see Pennsylvania v. Union Gas Co., - U.S. -, 109 S.Ct. 2273, 2286-89 , 105 L.Ed.2d 1 (1989) (Stevens, J., concurring), arguing that the "actual" eleventh amendment is stronger than the background principles of sovereign immunity that apply in the absence of a statute.
discussed
Cited "but see"
Texaco, Inc. v. Louisiana Land & Exploration Co.
(2×)
also: Cited "see"
See Pennsylvania v. Union Gas Co., — U.S. —, 109 S.Ct. 2273 , 2281 & 2286 n. 5, 105 L.Ed.2d 1 (1989) (plurality discussion of consensual State waiver under Parden as distinct from nonconsensual abrogation by Congress); Atascadero State Hospital, 473 U.S. at 238 n. 1, 105 S.Ct. at 3145 n. 1 ("A State may effectuate a waiver of its constitutional immunity by a state statute or constitutional provision, or by otherwise waiving its immunity to suit in the context of a particular federal program."); but see Pennsylvania v. Union Gas Co., 109 S.Ct. at 2302-03 (Scalia, J., concurring in part and …
discussed
Cited as authority (verbatim quote)
Rowlands v. Pointe Mouillee Shooting Club
the important point ... is that the provision both expands federal power and contracts state power.
discussed
Cited as authority (quoted)
State v. Howe Cleaners, Inc.
the remedy that congress felt it needed in cercla is sweeping: everyone who is potentially responsible for hazardous-waste contamination may be forced to contribute to the costs of cleanup.
discussed
Cited as authority (quoted)
State of Mont. v. Gilham
the evidence is strong that the jurisdic 1220 tional grants in article iii of the constitution did not automatically eliminate underlying state sovereign immunity....
discussed
Cited as authority (quoted)
Westfarm Associates Ltd. Partnership v. Washington Suburban Sanitary Commission
congress intended that states be liable along with everyone else for cleanup costs recoverable under cercla.
discussed
Cited as authority (quoted)
Westfarm Associates Limited Partnership v. Washington Suburban Sanitary Commission
congress intended that states be liable along with everyone else for cleanup costs recoverable under cercla.
discussed
Cited as authority (rule)
Hanover 3201 Realty, LLC v. Village Supermarkets, Inc.
See Arizona v. Fulminante, 499 U.S. 279, 313-14 , 111 S.Ct. 1246, 1267 (1991) (Kennedy, J., concurring in the judgment); Pennsylvania v. Union Gas Co., 491 U.S. 1, 56-57 , 109 S.Ct. 2273, 2295-96 (1989) (White, J., concurring in the judgment in part and dissenting in part); United States v. Vuitch, 402 U.S. 62, 96 , 91 S.Ct. 1294, 1311 (1971) (Harlan, J., dissenting); id. at 97-98 , 91 S.Ct. at 1312 (separate opinion of Blackmun, J.).
discussed
Cited as authority (rule)
Wheeling & Lake Erie Railway Co. v. Public Utility Commission
The dispute centers largely around Seminole, which overruled Pennsylvania v. Union Gas Co., 491 U.S. 1, 23 , 109 S. Ct. 2273, 2286 (1989) (holding that Congress could validly abrogate a state's sovereign immunity pursuant to its Commerce Clause powers).
discussed
Cited as authority (rule)
Rodriguez v. Texas Commission on the Arts
(2×)
“As the dissent in Union Gas made clear, Fitzpatrick cannot be read to justify a ‘limitation of the principle embodied in the Eleventh Amendment through appeal to antecedent provisions of the Constitution.’ ” Seminole Tribe, 116 S.Ct. at 1128 (quoting Union Gas, 491 U.S. at 42 , 109 S.Ct. at 2303 (Scalia, J., dissenting)) (emphasis added). 1 The same reasoning is applicable in this case, as Chief Justice Rehnquist noted in the Seminole Tribe opinion: [I]t has not been widely thought that the federal antitrust, bankruptcy, or copyright statutes abrogated the States’ sovereign immunity…
examined
Cited as authority (rule)
Close v. State Of New York
(3×)
also: Cited "see"
See Seminole, at ----, 116 S.Ct. at 1128 ; Union Gas, 491 U.S. at 39 , 109 S.Ct. at 2301 (Scalia, J., dissenting)("[t]he 'constitutionally mandated balance of power' between the States and the Federal Government was adopted by the Framers to ensure the protection of 'our fundamental liberties.' By guaranteeing the sovereign immunity of the States against suit in federal court, the Eleventh Amendment serves to maintain this balance.") (citations omitted). 26 The Supreme Court explicitly overruled Union Gas and, by necessity, rejected claims with respect to the IGRA and found that the Seminole T…
discussed
Cited as authority (rule)
Close v. New York
(2×)
See Seminole, at -, 116 S.Ct. at 1128 ; Union Gas, 491 U.S. at 39 , 109 S.Ct. at 2301 (Scalia, j., dissenting)(“[t]he ‘constitutionally mandated balance of power’ between the States and the Federal Government was adopted by the Framers to ensure the protection of ‘our fundamental liberties.’ By guaranteeing the sovereign immunity of the States against suit in federal court, the Eleventh Amendment serves to maintain this balance.”) (citations omitted).
discussed
Cited as authority (rule)
Simpson v. Texas Department of Criminal Justice
The Supreme Court then reasoned that Article I cannot be used to expand the scope of Article III judicial power since Article HI sets forth the “ ‘exclusive catalog of permissible federal court jurisdiction.’ ” Id. at-- -, 116 S.Ct. at 1127 -28 (quoting Union Gas, 491 U.S. at 39 , 109 S.Ct. at 2301 (Scalia, J., dissenting)) (emphasis in original).
cited
Cited as authority (rule)
Palotai v. University of Maryland College Park
Seminole Tribe, — U.S. at -, 116 S.Ct. at 1128 (citing Union Gas, 491 U.S. at 42 , 109 S.Ct. at 2302-03 (Scalia, J., dissenting)).
discussed
Cited as authority (rule)
In Re Nvr Lp
Justice White, who provided the fifth vote, wrote separately to indicate that, while he agreed that "Congress has the authority under Article I to abrogate the Eleventh Amendment immunity of the States," he could not concur with "much of the [the plurality's] reasoning." Id. at 57 , 109 S.Ct. at 2296 (White, J., concurring in part and dissenting in part).
discussed
Cited as authority (rule)
In re NVR L.P.
Justice White, who provided the fifth vote, wrote separately to indicate that, while he agreed that “Congress has the authority under Article I to abrogate the Eleventh Amendment immunity of the States,” he could not concur with “much of the [the plurality’s] reasoning.” Id. at 57 , 109 S.Ct. at 2296 (White, J., concurring in part and dissenting in part).
cited
Cited as authority (rule)
Taylor v. Com. of Virginia
Seminole, — U.S. at —, 116 S.Ct. at 1128 (citing Union Gas, 491 U.S. at 42 , 109 S.Ct. at 2302 (SCALIA, J., dissenting)).
examined
Cited as authority (rule)
College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board
(5×)
also: Cited "see", Cited "see, e.g."
“If state sovereign im *420 munity has any reality, it must mean more than this.” Union Gas, 491 U.S. at 44 , 109 S.Ct. at 2804 (Scalia, J., concurring in part and dissenting in part).
discussed
Cited as authority (rule)
East Bay Municipal Utility District v. United States Department of Commerce
(2×)
also: Cited "see"
Such a finding is in accord with the Supreme Court’s discussion of the scope of the CERCLA sovereign immunity waiver in Union Gas, supra, 491 U.S. at 10 , 109 S.Ct. at 2279 (CERCLA language is “an unequivocal!] expression] of the Federal Government’s waiver of its own sovereign immunity, since we cannot imagine any other plausible explanation for this unequivocal language.”) (citations and internal quotations omitted). 7 The Court’s reading of the text of CERCLA and its legislative history supports the view that Congress has fully abrogated the federal government’s immunity, except…
cited
Cited as authority (rule)
Arnold v. State of Arkansas
Id. at-, 116 S.Ct. at 1128 (quoting Union Gas, 491 U.S. at 39 , 109 S.Ct. at 2301 (Sealia, J. dissenting))(emphasis in original).
discussed
Cited as authority (rule)
Employment Development Department of California v. Joseph (In Re HPA Associates)
(2×)
also: Cited "see"
Union Gas, 491 U.S. at 40 , 109 S.Ct. at 2301-2302 (dissenting opinion).
cited
Cited as authority (rule)
Darne v. State of Wisconsin
Fitz *1429 patrick v. Bitzer, 427 U.S. 445, 456 , 96 S.Ct. 2666, 2671 , 49 L.Ed.2d 614 (1976); Pennsylvania v. Union Gas Co., 491 U.S. 1, 14, 57 , 109 S.Ct. 2273, 2281, 2296 , 105 L.Ed.2d 1 (1989).
examined
Cited as authority (rule)
Denise Chavez v. Arte Publico Press
(7×)
also: Cited "see"
Id. at 30-45 , 109 S.Ct. at 2297-2304 (Scalia, J., concurring in part and dissenting in part).
examined
Cited as authority (rule)
In the Matter of Merchants Grain, Incorporated, Debtor. Appeal of Edmund M. Mahern, Trustee for Merchants Grain, Incorporated
(3×)
also: Cited "see"
Union Gas, 491 U.S. at 57 , 109 S.Ct. at 2296 (White, J. concurring).
examined
Cited as authority (rule)
United States v. Iron Mountain Mines, Inc.
(4×)
also: Cited "see", Cited "see, e.g."
Union Gas Co., 491 U.S. at 9-11 , 109 S.Ct. at 2279. 24 .
discussed
Cited as authority (rule)
Ponca Tribe of Oklahoma v. State of Oklahoma David Walters, Governor of the State of Oklahoma, Individually and in His Official Capacity, Pueblo of Sandia v. Bruce King, Governor, State of New Mexico State of New Mexico, States of Alabama, Arizona, California, Connecticut, Florida, Kansas, Michigan, Mississippi, Montana, Nebraska, Nevada, Oklahoma, Rhode Island, South Dakota, and Washington, Amici Curiae. Mescalero Apache Tribe, the Reservation v. State of New Mexico Bruce King, Governor of the State of New Mexico, States of Alabama, Arizona, California, Connecticut, Florida, Kansas, Michigan, Mississippi, Montana, Nebraska, Nevada, Oklahoma, Rhode Island, South Dakota, and Washington, Amici Curiae. Kickapoo Tribe, Also Known as Kickapoo Nation in Kansas, of the Kickapoo Reservation in Kansas Steve Cadue, Tribal Chairman of the Kickapoo Nation in Kansas Prairie Band of Potawatomi Indians, a Federally Recognized Tribe v. State of Kansas
(2×)
also: Cited "see, e.g."
Because IGRA governs commerce with Indian tribes, we conclude that Congress enacted it under the Indian Commerce Clause, not the Interstate Commerce Clause 8 Justice White joined Justice Brennan's plurality opinion's conclusion that "Congress has the authority under Article I to abrogate the Eleventh Amendment immunity of the States." Union Gas, 491 U.S. at 57 , 109 S.Ct. at 2296 (White, J., concurring in the judgment in part and dissenting in part) 9 The states additionally assert that Union Gas remains on especially shaky grounds because three of the five Justices who voted to uphold Congres…
discussed
Cited as authority (rule)
Ponca Tribe of Oklahoma v. Oklahoma
(2×)
also: Cited "see, e.g."
Justice White joined Justice Brennan’s plurality opinion’s conclusion that “Congress has the authority under Article I to abrogate the Eleventh Amendment immunity of the States.” Union Gas, 491 U.S. at 57 , 109 S.Ct. at 2296 (White, J„ concurring in the judgment in part and dissenting in part). .The states additionally assert that Union Gas remains on especially shaky grounds because three of the five Justices who voted to uphold Congress’ power to abrogate pursuant to the Commerce Clause have since retired from the Court.
discussed
Cited as authority (rule)
Long Beach Unified School District v. Dorothy B. Godwin California Living Trust, and Mobil Oil Corporation, Powerine Oil Co.
Subjecting' holders of these interests to CERC-LA liability would not only disserve the statute’s purposes — which is to make polluters pay for the damage they cause, see, e.g., Union Gas, 491 U.S. at 7 , 109 S.Ct. at 2277-78 (stating that CERCLA “imposes the costs of the cleanup on those responsible for the contamination”); United States v. Reilly Tar & Chem.
cited
Cited as authority (rule)
Quaker State Minit-Lube, Inc. v. Fireman's Fund Insurance
Co., 491 U.S. 1, 12, 13 , 109 S.Ct. 2273, 2280, 2281 , 105 L.Ed.2d 1 (1989).
cited
Cited as authority (rule)
Thiokol Corporation v. Department Of Treasury
Union Gas, 491 U.S. at 8, 10 , 109 S.Ct. at 2277-78, 2279 .
discussed
Cited as authority (rule)
Kickapoo Tribe of Indians v. State of Kan.
(2×)
Pennsylvania v. Union Gas Co., 491 U.S. at 14-15, 109 S.Ct. at 2281-82 (plurality opinion); id. at 57 , 109 S.Ct. at 2303 (White, J. concurring in the judgment).
cited
Cited as authority (rule)
Thiokol Corp. v. Department of Treasury
Union Gas, 491 U.S. at 8, 10 , 109 S.Ct. at 2277-78, 2279 .
discussed
Cited as authority (rule)
Southeastern Pennsylvania Transportation Authority v. Pennsylvania Public Utility Commission
Contrary to the PUC’s assertions that Congress may abrogate Eleventh Amendment immunity only for the limited purpose of enforcing rights under the Fourteenth Amendment, the Commerce Clause grants Congress power to enact a statute that abrogates the Eleventh Amendment, Pennsylvania v. Union Gas Co., 491 U.S. 1, 13-23, 57 , 109 S.Ct. 2273, 2281-86, 2295 , 105 L.Ed.2d 1 (1989), and it is undeniable that state burdens on interstate railroad service fall within the scope of the Commerce Clause. 23 .
discussed
Cited as authority (rule)
In Re: 995 Fifth Avenue Associates, L.P.
See, e.g., Fitzpatrick v. Bitzer, 427 U.S. 445, 456 , 96 S.Ct. 2666, 2671 , 49 L.Ed.2d 614 (1976) (Eleventh Amendment immunity abrogated for suit to recover damages from the State for gender-based employment discrimination under Title VII); Union Gas Co., 491 U.S. at 23 , 109 S.Ct. at 2286 (Eleventh Amendment immunity abrogated for suit to recover costs from the State for environmental clean-up under CERCLA). 11 Waiver of Eleventh Amendment immunity, in contrast to abrogation, is not hinged to a specific federal statutory cause of action.
discussed
Cited as authority (rule)
995 Fifth Avenue Associates, L.P. v. New York State Department of Taxation & Finance (In re 995 Fifth Avenue Associates, L.P.)
See, e.g., Fitzpatrick v. Bitzer, 427 U.S. 445, 456 , 96 S.Ct. 2666, 2671 , 49 L.Ed.2d 614 (1976) (Eleventh Amendment immunity abrogated for suit to recover damages from the State for gender-based employment discrimination under Title VII); Union Gas Co., 491 U.S. at 23 , 109 S.Ct. at 2286 (Eleventh Amendment immunity abrogated for suit to recover costs from the State for environmental clean-up under CERCLA).
discussed
Cited as authority (rule)
995 Fifth Avenue Associates, L.P. v. New York State Department of Taxation & Finance
See, e.g., Fitzpatrick v. Bitzer, 427 U.S. 445, 456 , 96 S.Ct. 2666, 2671 , 49 L.Ed.2d 614 (1976) (Eleventh Amendment immunity abrogated for suit to recover damages from the State for gender-based employment discrimination under Title VII); Union Gas Co., 491 U.S. at 23 , 109 S.Ct. at 2286 (Eleventh Amendment immunity abrogated for suit to recover costs from the State for environmental clean-up under CERCLA).
discussed
Cited as authority (rule)
Independent Petrochemical Corporation v. Aetna Casualty and Surety Company (Two Cases)
Moreover, courts that have interpreted CERCLA do not seem to distinguish governmental cleanup costs from “damages.” The Supreme Court characterized section 107 as providing “liability in damages,” and concluded that CERCLA “hold[s] States liable in damages in federal court.” Pennsylvania v. Union Gas Co., 491 U.S. 1, 12, 13 , 109 S.Ct. 2273, 2280, 2281 , 105 L.Ed.2d 1 (1989).
discussed
Cited as authority (rule)
Poarch Band of Creek Indians v. State of Ala.
Then, in part II of his concurrence, he devoted one short paragraph to the constitutional issue, saying only that “I agree with the conclusion reached by Justice Brennan in Part III of his opinion, that Congress has the authority under Article I to abrogate the Eleventh Amendment immunity of the States, although I do not agree with much of his reasoning.” Id. at 2295. 2 Justice Scalia cast the deciding vote on the statutory construction issue, agreeing with Brennan’s plurality opinion that the Congressional language at issue was sufficiently clear to override a state’s Eleventh Amendme…
discussed
Cited as authority (rule)
Stilloe v. Almy Bros., Inc.
(2×)
also: Cited "see"
Congress has the authority to render them so liable when legislating pursuant to the Commerce Clause.” Union Gas, supra, 491 U.S. at 23 , 109 S.Ct. at 2286 (emphasis added).
cited
Cited as authority (rule)
Alexander N. Davidson v. Board of Governors of State Colleges and Universities for Western Illinois University
Cf. Pennsylvania v. Union Gas Co., supra, 109 S.Ct. at 2278.
examined
Cited as authority (rule)
995 Fifth Avenue Associates, L.P. v. New York State Department of Taxation & Finance (In Re 995 Fifth Avenue Associates, L.P.)
(4×)
also: Cited "see", Cited "see, e.g."
Union Gas, 109 S.Ct. at 2303 (Scalia, J., dissenting) (footnote omitted).
discussed
Cited as authority (rule)
United States v. Union Gas Co.
As discussed above, in an opinion affirming the holding of the Third Circuit, the United States Supreme Court held that CERCLA as amended by SARA “clearly evinces an intent to hold States liable in damages in feder.al court.” Pennsylvania v. Union Gas Co., 109 S.Ct. at 2280.
discussed
Cited as authority (rule)
Marian F. Chew v. State of California
While the Justices have expressed differing opinions on the limits of congressional power to abrogate states’ immunity under the delegated powers (see, e.g., the concurring and dissenting opinions in Union Gas), even under the broadest view of the power to abrogate, Congress must “make its intent to do so ‘unmistakably clear.’ ” Union Gas, 109 S.Ct. at 2277 (plurality opinion).
discussed
Cited as authority (rule)
Mercer v. Jaffe, Snider, Raitt and Heuer, PC
Cf. Union Gas Co., 109 S.Ct. at 2277-80 (Comprehensive Environmental Response, Compensation, and Liabilty Act of 1980, 42 U.S.C. § 9601 et seq., as amended by Superfund Amendments and Reauthorization Act of 1986, Pub.L.
examined
Cited as authority (rule)
Santiago v. New York State Department of Correctional Services
(3×)
also: Cited "see"
See Pennsylvania v. Union Gas, 109 S.Ct. at 2282 (plurality); Id. at 2302 (Scalia, J., concurring in part and dissenting in part); Fitzpatrick, 427 U.S. at 453-55 , 96 S.Ct. at 2670-71 .
Retrieving the full opinion text from the archive…
CALIFORNIA ET AL.
v.
UNITED STATES ET AL.
v.
UNITED STATES ET AL.
87-1165.
Supreme Court of the United States.
Jun 12, 1989.
Per Curiam.
Cited by 20 opinions | Published
Citer courts: Third Circuit (1) · Fourth Circuit (1) · S.D. Iowa (1) · D. Montana (1) · N.D. New York (1) · Supreme Court of Vermont (1)
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jerome C. Muys argued the cause for petitioners. With him on the briefs were Warren J. Abbott, Fred Vendig, Karen L. Tachiki, James F. Roberts, Justin McCarthy, John K. Van de Kamp, Attorney General of California, R. H. Connett and N. Gregory Taylor, Assistant Attorneys General, and Douglas B. Noble, Deputy Attorney General, Robert K. Corbin, Attorney General of Arizona, and Anthony B. Ching, Solicitor General.
Edwin S. Kneedler argued the cause for the United States. With him on the brief were Solicitor General Fried, Assistant Attorney General Marzulla, Deputy Solicitor General Wallace, Edward J. Shawaker, and Sarah P. Robinson. Dale T. White argued the cause for the tribal respondents. With him on the brief were William E. Strickland and Scott B. McElroy.[*]
PER CURIAM.
The judgment below is affirmed by an equally divided Court.
JUSTICE MARSHALL took no part in the consideration or decision of this case.
[*] Richard Dauphinais filed a brief for the Klamath Tribe et al. as amici curiae urging affirmance.