United States Ninth Circuit

District court's decision that California Senate Bill (SB) 990, which sets up a more demanding standard for cleanup of a federal nuclear site than that imposed by the Department of Energy (DOE), violated the doctrine of intergovernmental immunity, is affirmed, where: 1) as landowner, plaintiff Boeing established injury in fact; 2) SB 990 regulated the DOE's cleanup activities directly in violation of the Supremacy Clause; and 3) SB 990 discriminated against the federal government and against plaintiff as a federal contractor.

Appellate Information

• Decided 09/19/2014
• Published 09/19/2014

Judges

• Kleinfeld

Court

• United States Ninth Circuit

Counsel