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WASHINGTON v. CHU

No. 06-35227.

558 F.3d 1036 (2009)

State of WASHINGTON, Plaintiff-Appellee, v. Steven CHU, Secretary of Energy; US Department of Energy, Defendants-Appellants, and Yes On I-297: Protect Washington, Proposed Intervention as Counterclaim; Government Accountability Project, Proposed Intervention as Counterclaim; Fluor Hanford Inc., Defendants.

United States Court of Appeals, Ninth Circuit.

Filed March 10, 2009.

Attorney(s) appearing for the Case

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.

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

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

OPINION

PAEZ, Circuit Judge.

Between 1943 and 1987, the United States produced plutonium for use in nuclear weapons manufacture at the Hanford Nuclear Reservation in southeastern Washington near the confluence of the Columbia, Snake, and Yakima Rivers. Plutonium production and related activities at Hanford created enormous amounts—in the millions of tons—of radioactive, hazardous, and "mixed" radioactive and hazardous wastes, much of it still...

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