Lake Erie Alliance for the Protection of the Coastal Corridor, Inc. v. United States Army Corps of Engineers

holding section 846 inapplicable to state and local public entities because a more specific California provision addresses public liability | holding section 846 inapplicable to state and local public entities because a more specific California provision address- es public liability | noting that, under the Equal Pay Act, plaintiffs need not rely solely on a discriminatory wage differential between current employees to establish a violation, but may make comparisons to prior employees | seemingly easier standard for modification applied in altering bed limitation for facility for mentally retarded because of need for flexibility in determining conditions of institutional care and intervening change in the law | seemingly easier standard for modification applied in altering bed limitation for facility for mentally retarded because of need for flexibility in determining conditions of institutional care and intervening change in the law | private property rights not within purview of 42 U.S.C. § 1988 awards of attorneys’ fees | policy of paying lower wages to female employees on each payday constitutes a continuing violation | modification power is “broad and flexible,” and is appropriately exercised in light of changing factual circumstances | acquittal of arson and breaking and entering with intent to commit arson followed by conviction for conspiracy to commit arson | counsel experts for certified class permitted to photograph class members and others to document evidence of violations of consent decree