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U.S. v. STATE OF NEW MEXICO

No. 92-2275.

32 F.3d 494 (1994)

UNITED STATES of America, Plaintiff-Appellant, and The Regents of The University of California, Plaintiffs, v. STATE OF NEW MEXICO, and Health and Environment Department, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 18, 1994.

Attorney(s) appearing for the Case

Elizabeth Ann Peterson (Myles E. Flint, Acting Asst. Atty. Gen., Karen L. Egbert and J. Carol Williams, Attorneys, Dept. of Justice, Washington, DC, and Robin Henderson, Office of Gen. Counsel, U.S. Dept. of Energy, Washington, DC, of counsel, were with her on the briefs), Attorney, Dept. of Justice, Washington, DC, for plaintiff-appellant.

Susan M. McMichael (Tom Udall, Atty. Gen., New Mexico, and Randall D. Van Vleck, Asst. Atty. Gen., Santa Fe, NM, were with her on the brief), Special Asst. Atty. Gen., Asst. Gen. Counsel, New Mexico Environment Dept., Santa Fe, NM, for defendants-appellees.

Before ANDERSON, McKAY, and TACHA, Circuit Judges

TACHA, Circuit Judge.

The issue presented in this appeal is whether section 6001 of the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. § 6961, waives federal sovereign immunity from certain state imposed permit conditions that address the presence of radionuclides in the disposal of hazardous waste at the Los Alamos National Laboratory ("LANL"). The district court found that RCRA does waive sovereign immunity for the permit conditions in question...

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