From John Ross’s Short Circuit newsletter for the Institute for Justice, Mar. 10: “Allegation: EPA agents lead armed raid of Casper, Wyo. laboratory based on false accusation from former employee, an 18 year old, that the lab falsified water-quality records. Five years later, case dismissed against former lab owners without charges. They sue the EPA. District court: It’s too late to sue; the two-year statute of limitations started running when you lost the lab. Tenth Circuit: Actually, you couldn’t have even sued then because sovereign immunity.” [Garling v. EPA]
2 Comments
See Pryor Oil for a heck of an example of EPA unfettered power without recourse.
More on that case here: http://law.justia.com/cases/federal/district-courts/FSupp2/299/804/2577901/