§ 10.1 Judicial Remedies
Part I
Basic Requirements



Court must have jurisdiction
Plaintiff must state a recognized cause of action
and seek a recognized remedy
 This is the rub in most of the environmental
cases - what is the plaintiff's interest?
Must be a real case and controversy
 Supreme Court does not give advisory opinions
 States often do
Explicit statutory review provisions in the
enabling act



Should review be by trial courts or appeals
courts?
 What do what best?
Which courts usually get rules and final
orders?
 Why?
What usually goes to the trial (district
courts?
No explicit statutory review in the
enabling act
28 USC 1361

Gives district courts jurisdiction over
mandamus to require an officer or employee
of the US or an agency to perform a duty
owed the plaintiff
28 USC 1343

Jurisdiction to hear cases under 42 USC
1983 and other civil rights statutes (mostly
about state officials)
28 USC 1331





Actions arising under federal law, constitution,
treaties, etc.
Gets most federal agency actions
Plaintiff can sue where the defendant resides, the
cause of action arose, or the plaintiff resides,
unless real property is involved
Once 1331 is invoked, the APA 701-706 controls
No $10,000 minimum for jurisdiction for agency
law or federal questions in general
Sovereign Immunity



What is sovereign immunity?
Where did it come from?
Why have it?
Federal Sovereign Immunity


In 1976 the feds abolished federal sovereign
immunity for actions other than money
damages
Money damages come under the Federal
Tort Claims Act (FTCA)
Louisiana



LA abolished all sovereign immunity in the
1974 constitution
What does this mean for state agency
actions?
Still has discretionary authority defense, but
it is hard to figure out what it all means in LA