the morning james carville for the appellant which is the plaster county air pollution control district which to make clear to the court that it is not county or plaster involved in litigation the district court eastern district of california denied our motion for summary judgment based on the eleventh amendment sovereign immunity which we were claiming for the placer county air pollution control district as well as on states our immunity we filed our appeal of that and that's why we're here today authorized by the state legislature the head state agency is the california air resources board and the legislative scheme in california and such that that's the state agency and then has who would be that judgment and initially judge would be covered by insurance which the special wrist district management authority has purchased on behalf of all special  members of that particular organization let's assume with the district have to pay any and that is their you know that initial upfront cost by the district you know they had to pay deductible and then there how much is the doctor i believe it was ten it's my understanding an argument well you know this district better than we do so who would think that the district would go bankrupt because it has insufficient funds to pay this their assets would revert to the state of california part of that is that there's a state that requires a state to enforce all their regulations throughout the state of california and they've chosen to do it through the thirty five enforcement districts that are some regional some can you could just decide they don't want to do it or the they could just decide you don't want to and they don't want to be part of the enforcement scheme but who did you just say that the county or the district and the district can't say that the district is required once that seat is signed by the state with the e p a they have to do what the state resources control board tells of death and force all laws that are state why they have to inspect and force all laws related to stationary air sources within their geographic area the health and safety code of california provides that if they should go out of business that their assets revert to the state and some other agenc i understand it you just got to tell me they couldn't go out and then they can't choose to go out of business they can't this district can't say well we don't want to do this anymore i thought that was the import of your question what i'm saying is if they were forced out of business by a judgment a monstrous judgment going on which they don't have any assets to pay whatever obligations they had would revert to the state of california the state would then be forced to give their county to a nother air resources area regional district or they would have to come in with themselves and do this because it cannot refused to enforce the clean air laws within a particular region in california or a particular county area simply because they don't want to they would lose funds from the e p a they would lose transportation funds the state would suffer legislative bill to change the organization of these entities somewhat and as a result placer county had no further all the control over this they provided some extra fish know employees must have been used as one of those they provided some other county funds to put into this there are several cities within the county that are provided some funds the main source of funds comes from the state through the state is saying there's an air pollution control district it's in your area you are going to be part of that the state doesn't make the county fun and the entire operation the state the one who's quit were put in the majority of the money  laws but the move the bulk of the money comes from the state of california and the state would be on the line if a huge judgment was obtained by mr benji's against this entity because they don't have the money to pay for me ask you this there's an item that says so much goes to this air pollution control that's rick so much goes to the south goes regional air pollution control management district they allocate that the allocation of of the taxes that they have felt like their next revenues as well as funds that are collected specifically to people that live within placer county but i think that this is where judge judge cameron eastern district with a straight on this is he's focusing on the actual monetary how much what percentage is paid on his judgment the case law that university of california versus john john doe and that's one thousand nine hundred ninety seven case u s supreme court dealing with usually california and whether it would be responsible for a judgment and it's given even though it can be sued it's a separate corporate body it raises some of its own funds to charging people at this point outrageous fees to enroll there and it is still giving sovereign to the state and if they determine that it is and it is a part of the state and they consider it an arm of the state and that n z analysis and they give it sovereign as well as a united states eleventh amendment sovereign immunity that's in the university versus john rove case that's in the port huron case that's also been the case that i cited is an additional citation out of puerto rico the red dando i can't remember the gentleman's exact name redondo construction corporation versus a puerto rico highway in transferred page an authority monkey of a very large judgment and so far you all you've said is that potentially mr benji's could could try to attempt to collect from the state but there's nothing even if the let me ask you this if the state were to take over the clean air act for the county the state would be forced to either come in on its own or if they wouldn't do that the e p a could come in and establish their own agency there that's the th penalty that the state of california faces is that if it doesn't comply with the state of construct if if there if there was a judgment against the district the primary the primary then or would be the district right at this point yeah right but you're saying that because the state is a guarantor we guarantee that if you don't have enough money you will pay it but just make it an arm of the state is not a not an arm it's the relationship between that is that is that right am i right or wrong try to reorganize i agreed but the statute and we're i believe that what the court needs to look at here when you look at the relationship of the district of the state is to look at what the  scheme is in the state of california and that's establishing the health and safety code which side you've got to the court and under that if the district goes out of business the assets revert to the state therefore under that care of california we give up they could say that they're not going to but they could and the point under the university of the regent university version is john and the state and the state regulatory scheme and who chooses who chooses need your actors of the district how are they how do they come in office the city they're like i think there are three cities they designate under the law a member to sit on the board of directors of the city and the county not each city but three of the larger cities in this case in placer county designate a representative the that's what you're asking what doc the governor of california doesn't appoint these but the state legislature and the health and safety code says this is how you organize the special this place so the state is telling people what to sinful state functions i think that that was a clear error on his part if you look at the cases that we've cited both my circuit cases california state court cases they all show a history of where we got from the get go to where we are now in the air pollution control business and it shows that they perform a simple governmental function these air pollution laws are not to specific to the continuous area pla county or state why they are required that's another reason i cited the delaware case supreme court case report case of delaware that if you look at the university regions of the university versions johndroe they simply say we don't have to do those tasks we can do this other two prong test and they do it and they find that the university is so we're here to say i think i was right and i think we're right and we would like to reverse his judgment and give us our sovereign immunity and how in this case dismissed so they can march down the placer county and in their thirty during just covered in this case they answered the iraq atory by saying that the district the air pollution control district has two million dollars in liability insurance coverage which should be sufficient going in this case they go on to explain what the liability coverage yes it is unknown if the district would have the right to seek reimbursement from the state of california because it would first look to plaster coming for liability insurance that somehow the state of california would be implicated there is no evidence in this record there's never been presented anything in the statute any memorandum of understanding anything but our information could only be obtained from the fence on the plaintiff and as much as we have struggled with the judge their morality struggled with it any finally in his opinion simply said that this an admission on their part and i'm going to hold it against them and he does and in this opinion as to the funds coming from the state of california judge camera goes into that and there's a statute surcharge to the vehicle licenses that define the district that monies collected by the state in immediately returned to the district in applies to graphical boundaries of the district placer coun so it's a it's a discretionary tax on here cloners in the placer county air pollution control district that's all it has it's mr carr has consistently made the argument that somehow that transforms the funds in the state funds and judge them are all very specifically says the marriage act of collecting funds does not change the nature of the funds ninety five percent of the budget not as far as i know there's there's a small fund that the state pays but otherwise the money all homes from the the the district judge dam are all twenty nine page incisive decision in this case and there's not lessers questions not really anything that i can add to it he wrote two opinions first opinion he came back in we wrote it because he wanted to be very accurate about it presented the discovery the deposition evidence the iraq where he that question answers that we had on the eleventh amendment issue with done discovery on it u he never made a formal ruling on any of our white to my knowledge on our objections you could look at the transcript of the hearing it's part of the excerpts of the record in the end of the two oral arguments but we opinion that he did but he would have reached a different opinion because he would have reached the same conclusion that for example a judge a judge patel reached in the in the you know what your response to his referent for chemicals reference to that simply my stroke of a panel many did a huge chunk of the vehicle licensing fee taxes when he took office so that to say that the county has control over the state funds that are sent back to us as part of a state imposed tax i don't buy that argument i've raised that point here that the taxes come from the states and i wish to again say that i believe that the statutory regulatory scheme in this this situation should control that was the intent of the state legislature california when they enacted the california air resources board and the courts with agencies there exercising police powers that's clear from the teasers we've cited state the federal government to the posture county air resources control board and we can't negotiate directly with the federal government we have to go through the carver state organization all our regulations that we may not have to be departments i know they've been for state law you know we're in for so regulated by not just state law but state administrative regulations dealing with air pollution control and i believe that we're clearly an