# United States v. California

> Court of Appeals for the Ninth Circuit · April 1, 1977 · 558 F.2d 1347

URL: https://www.frixlaw.com/law-library/cases/8902882

## Case

- **Full name:** United States v. The STATE OF CALIFORNIA, State Water Resources Control Board, W. W. Adams, Chairman, Ronald B. Robie, Vice Chairman, Roy E. Dodson, Jean Auer, and W. Don Maughan, as members of the State Water Resources Control Board
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** April 1, 1977
- **Citations:** 558 F.2d 1347
- **Precedential status:** Published
- **Opinion:** Concurrence by Carter
- **Judges:** Carter, Duniway, Wallace
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed by California v. United States, 438 U.S. 645 (1978).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8902882

## How later opinions describe it (automated extraction)

- noting on rehearing that "we overlooked" an argument made "in [the] briefs on appeal"

## Opinion text

JAMES M. CARTER,
Circuit Judge, concurring specially:
I concur in the above opinion. Hancock v. Train, 426 U.S. 167 , 96 S.Ct. 2006 , 48 L.Ed.2d 555 (1976), and Environmental Protection Agency v. California ex rel. State Water Resources Control Board, 426 U.S. 200 , 96 S.Ct. 2022 , 48 L.Ed.2d 578 (1976), make improper, under existing statutes, any state requirements in the nature of permits. The cases hold that is is for the Congress to explicitly determine whether to subject federal agencies to state permits.
I would suggest, however, that it may be one thing for the Congress to provide that a state may require a permit to assure proper air or water quaity standards of a federally-owned or operated installation; it is quite another thing to permit a state to require permits for the very operation of such a facility. I cannot envision the Congress providing that the states, by a permit process, may control the operation of federally constructed, funded, and oprated water and power projects.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8902882. Public record. Not legal advice.