# State v. Seeber

> Court of Appeals for the Fifth Circuit · October 14, 1974 · 502 F.2d 1238

URL: https://www.frixlaw.com/law-library/cases/8894552

## Case

- **Full name:** STATE OF ALABAMA and Alabama Air Pollution Control Commission ex rel. William J. Baxley, Attorney General v. Lynn SEEBER, General Manager of Tennessee Valley Authority
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** October 14, 1974
- **Citations:** 502 F.2d 1238; 7 ERC 1025
- **Precedential status:** Published
- **Opinion:** Dissent by Simpson
- **Judges:** Godbold, Simpson
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8894552

## Opinion text

SIMPSON, Circuit Judge
(dissenting) :
With deference, I dissent. I would affirm the district court on the authority of the Sixth Circuit decision, Commonwealth of Kentucky ex rel. Hancock v. Ruckelshaus, Administrator, etc., et al., 6 Cir. 1974, 497 F.2d 1172 , 1 affirming Commonwealth of Kentucky ex rel. Hancock v. Fri, W.D.Ky.1973, 362 F.Supp. 360 .
Without a clearer expression than I discern either in Section 118 [Title 42, U.S.C. § 1857f] or in the Act’s inconclusive legislative history, I am unwilling to attribute to Congress an implied consent for the several states to apply state permit requirements to facilities operated within their borders by agencies and instrumentalities of the federal government, here specifically the Department of the Army and The Tennessee Valley Authority. Speculation and conjecture, however persuasively set forth, should not override the Supremacy Clause, Art. VI, Clause 2, of the United States Constitution.
. See also People of State of California v. Captain Stastny, C.O. of Long Beach Naval Air Station, C.D.Cal.1972, 4 ERC 1447 , presently pending on appeal to tlie Ninth Circuit, appeal docketed November 6, 1972, No. 72-2905.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8894552. Public record. Not legal advice.