Unpublished Disposition, 878 F.2d 386 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 878 F.2d 386 (9th Cir. 1989)

No. 88-2912.

United States Court of Appeals, Ninth Circuit.

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. § 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. § 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