UNITED STATES of America, Plaintiff-Appellee,
v.
Jay MANNING, in his official capacity as Director of the Washington Department of Ecology; Washington Department of Ecology; State of Washington, Defendants-Appellants, and
Yes on I-297: Protect Washington; Bob Apple; Washington Public Interest Research Group; Adam Kline; Toby Nixon; Heart of America Northwest, Defendant-Intervenors,
v.
Fluor Hanford Inc.; Tri-City Industrial Development Council, Plaintiff-Intervenors-Appellees.
United States of America, Plaintiff-Appellee,
v.
Jay Manning, in his official capacity as Director of the Washington Department of Ecology; Washington Department of Ecology; State of Washington, Defendants, and
Yes on I-297: Protect Washington; Bob Apple; Washington Public Interest Research Group; Adam Kline; Toby Nixon; Heart of America Northwest, Defendant-Intervenors-Appellants,
v.
Fluor Hanford Inc.; Tri-City Industrial Development Council, Plaintiff-Intervenors-Appellees.
United States of America, Plaintiff-Appellee,
v.
Jay Manning, in his official capacity as Director of the Washington Department of Ecology; Washington Department of Ecology; State of Washington, Defendants-Appellees, and
Yes on I-297: Protect Washington; Bob Apple; Washington Public Interest Research Group; Adam Kline; Toby Nixon; Heart of America Northwest, Defendant-Intervenors,
v.
Fluor Hanford Inc., Plaintiff-intervenor, and
Tri-City Industrial Development Council, Plaintiff-Intervenor-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted December 3, 2007.
Filed May 21, 2008.
Attorney(s) appearing for the Case
Andrew A. Fitz, Assistant Attorney General (argued); Laura J. Watson, Assistant Attorney General; and James R. Schwartz, Assistant Attorney General; Olympia, WA, for the defendants-appellants, cross-appellees.
Michael Jay Robinson-Dorn (argued), Katy Anne King, Ian Jeremy Mensher, and Joseph Shaughnessy, Seattle, WA, for the intervenor-appellants.
John A. Bryson, Assistant United States Attorney (argued); Matthew J. McKeown, Acting Assistant Attorney General; Cynthia J. Morris, Assistant United States Attorney; Kenneth C. Amaditz, Assistant United States Attorney; and David Kaplan, Assistant United States Attorney; Washington, DC, for the plaintiff-appellee.
Colin C. Deihl (argued) and Kristen S. Carney, Faegre & Benson LLP, Denver, CO, for the intervenor-appellee Fluor Hanford, Inc.
Matthew J. Segal (argued), Stephen A. Smith, and Michael K. Ryan, Kirkpatrick & Lockhart Preston Gates Ellis LLP, Seattle, WA, for the intervenor-appellee, cross-appellant Tri-City Industrial Development Council.
Before: M. MARGARET McKEOWN and RICHARD R. CLIFTON, Circuit Judges, and WILLIAM W. SCHWARZER, District Judge.
United States Court of Appeals, Ninth Circuit.
McKEOWN, Circuit Judge:
The Hanford Nuclear Reservation ("Hanford") in Washington is one of the largest sites in the country for the treatment, storage and disposal of radioactive and non-radioactive hazardous waste, currently storing over 53 million gallons of mixed radioactive and nonradioactive hazardous waste. During World War II, the United States government constructed Hanford to manufacture plutonium for military purposes...
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