UNITED STATES of America, Plaintiff-Appellee,
v.
COMMONWEALTH OF KENTUCKY; Kentucky Natural Resources & Environmental Protection Cabinet, Secretary, Defendants-Appellants.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: May 2, 2001.
Decided and Filed: June 5, 2001.
Attorney(s) appearing for the Case
ARGUED: Randall McDowell, NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET, Frankfort, Kentucky, for Appellants.
Todd S. Aagaard, UNITED STATES DEPARTMENT OF JUSTICE, ENVIRONMENT DIVISION APPELLATE SECTION, Washington, D.C., for Appellee.
ON BRIEF: Mark A. Posnansky, OFFICE OF LEGAL SERVICES, Frankfort, Kentucky, for Appellants.
Todd S. Aagaard, UNITED STATES DEPARTMENT OF JUSTICE, ENVIRONMENT DIVISION APPELLATE SECTION, Washington, D.C., John A. Bryson, UNITED STATES DEPARTMENT OF JUSTICE, LAND & NATURAL RESOURCES DIVISION, Washington, D.C., for Appellee.
Before NORRIS and COLE, Circuit Judges; STEEH, District Judge.
United States Court of Appeals, Sixth Circuit.
Pursuant to Sixth Circuit Rule 206
OPINION
COLE, Circuit Judge.
The Commonwealth of Kentucky, acting through the Secretary of the Kentucky Natural Resources and Environmental Protection Cabinet ("Cabinet"), appeals from the district court's ruling that federal law preempts permit conditions imposed by the Cabinet relating to the disposal of radioactive waste in a landfill operated by the United States Department...
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