Juen 18, 2012 4th Circuit published opinions

United State ex rel. Jon H. Oberg v Kentucky Higher Education Student Loan Corporation

Oberg brought suit against four state created corporations which extend and guarantee student loans alleging they defrauded the federal government by inflating eligible pools of loans to obtain special interest subsidies. The district court looked at the statutes creating the corporations and held they were each state agencies immune from suit. The panel reversed. It held the 11th Amendment arm of the state standard applied and remanded for the district court to apply that standard to each defendant.

Friends of Back Bay v United States Army Corps of Engineers

The Corps, after receiving comment, establishing a restricted zone and issuing environmental assessments, approved an expansion of a boating marina. Friends sued arguing the record indicated allowing more boating would result from authorized dredging and an environmental impact statement was required. The district court granted judgment on both issues to the Corps. The panel reversed. It held the Corps erred in assuming that the restricted area would be policed when the record demonstrated that it was not marked, made a condition of permitting or enforced by local authorities. The case was remanded for an environmental impact statement to be created given the unique nature of the bay and the strong opposition from responsible government agencies.

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