North Carolina v. United States, No. 20-1783 (4th Cir. 2021)
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North Carolina filed suit in state court seeking recovery of an unpaid civil penalty against the Marine Corps for failing an air quality compliance test. After the federal government defendants removed to federal court, the district court dismissed the case.
The Fourth Circuit affirmed in part and reversed in part, holding that the Clean Air Act does not preclude removal but does waive sovereign immunity as to the penalty at issue here. The court concluded that the United States properly removed this suit under the federal officer removal statute and rejected North Carolina's contention that the Clean Air Act's state suit provision, 42 U.S.C. 7604(e), implicitly carves out a narrow exception to removal that precludes federal adjudication of this federal immunity defense. Rather, these two statutes are capable of coexistence and, contrary to North Carolina's argument, section 7604(e) does not require actions brought in state court to remain there. The court also concluded that the Clean Air Act unambiguously and unequivocally waives the United States' sovereign immunity as to all civil penalties assessed pursuant to state air pollution law, including punitive penalties like the one at issue here. The court remanded for further proceedings.
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