5th Circuit Dismisses Texas Agencies, Universities From Superfund Cleanup Suit

Mealey's (August 6, 2018, 9:25 AM EDT) -- NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel on Aug. 1 ordered a federal judge in Texas to dismiss claims brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Texas Solid Waste Disposal Act (SWDA) against a number of state agencies and universities, finding that they are immune to the suit under state sovereign immunity (United States Oil Recovery Site Potentially Responsible Parties Group v. Railroad Commission of Texas, et al., No. 17-20361, 5th Cir., 2018 U.S. App. LEXIS 21375)....