Employees of the state’s Department of Environmental Management (DEM) complained to the state’s attorney general that their agency was not properly implementing the requirements of the federal Solid WasteDisposal Act.DEMfired them after it learned of their complaint.

The Solid Waste Disposal Act contains a whistleblower protection clause. See 42 U.S.C. 6971 (West 2000). The employees sued in federal court to collect damages from the state under this provision.

The state moved to dismiss the action on the basis of its sovereign immunity.

What is sovereign immunity and when do you think a state should be able to rely upon this legal principle to avoid liability? Should the fact that this case creates a potential clash between state and federal government influence the court’s decision on whether or not to dismiss the action? See Rhode Island v. United States [16 BNA IER Cases 1258

(D.R.I. 2000)].