Court of Appeals for the Tenth Circuit May 21, 1990, No. 89-2223 (Mitzelfelt v. Department of Air Force)

STEPHEN H. ANDERSON, Circuit Judge.

The sole issue in this appeal is whether section 6001 of the Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. § 6961, waives all federal sovereign immunity from state civil penalties. We hold that it does not.