United States Ninth Circuit

In an action by the state of Washington against the Department of Energy for violation of hazardous waste management regulations, summary judgment for Plaintiff is affirmed, where the Washington Hazardous Waste Management Act plainly exempts designated nuclear waste from the storage and land-disposal prohibitions "with respect to WIPP" only.

Appellate Information

• Argued 10/16/2007
• Decided 03/10/2009
• Published 03/10/2009

Judges

• Before:  RICHARD D. CUDAHY,STEPHEN REINHARDT, and RICHARD A. PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Darrell G. Early, Deputy Attorney General, State of Idaho, Boise, ID, for amici curiae the States of Idaho and Tennessee.


• For Appellees:
  
• Michael Zevenbergen, United States Department of Justice, Washington, D.C.; John A. Bryson, Attorney, United States Department of Justice, Washington, D.C., for the defendants-appellants., Andrew A. Fitz, Assistant Attorney General, State of Washington, Olympia, WA, for the plaintiff-appellee.