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 The principle of sovereign immunity requires that any ambiguity in interpreting a statute of limitations must be resolved in favor of the government. BP America Production Co. v. Burton, 127 S.Ct. 638, 646 (2006). 


When the United States is a plaintiff asserting state or federal law claims in its sovereign capacity, it is not subject to any statute of limitations unless Congress waives sovereign immunity and imposes a limit itself. United States v. Summerlin, 310 U.S. 414 (1940); United States v. John Hancock Mutual Life Ins., 364 U.S. 301, 308 (1960); Dole v. Local 427, 894 F.2d 607, 610 (3d Cir. 1990). The United States has been found to be acting outside of its sovereign capacity in narrow circumstances. See, e.g., United States v. California, 507 U.S. 746 (1993). If “public policies are served and the public interest is advanced by the litigation,” the government is acting in its sovereign capacity and is not subject to statutes of limitations. Dole, 894 F.2d at 612.  


When Congress creates rights of action against the government in the courts, it has generally included a time limit within which suit must be brought. ...

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