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Burnette v. Carothers

United States Court of Appeals for the Second Circuit

192 F.3d 52 (1999)

Facts

Marie G. Burnette and Ralph G. Burnette Jr. (plaintiffs) owned a home in the Rye Hill section of Somers, Connecticut. The Burnettes filed a complaint against Connecticut state officers (defendants), alleging that hazardous substances had emanated, and continued to emanate, from the Connecticut Correctional Institute (CCT), a state-run prison located north of Rye Hill. The Burnettes claimed that the toxic substances had polluted and continued to pollute their water wells. The Burnettes brought suit under the citizen-suit provisions of the Clean Water Act (CWA), the Resource Conservation and Recovery Act (RCRA), and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The district court dismissed all of the Burnettes’ claims and held that the state and its agents were immune from suit under the Eleventh Amendment. The Burnettes appealed.

Rule of Law

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Issue

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Holding and Reasoning (Winter, C.J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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