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COLO. DEPT. OF PUBLIC HEALTH & ENVIRONMENT v. U.S.

No. 09-1554.

693 F.3d 1214 (2012)

COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION, Plaintiff-Appellant, v. UNITED STATES of America, United States Department of Defense, Leon E. Panetta, as United States Secretary of Defense, Frank Kendall, Under Secretary of Defense for Acquisition, Technology and Logistics, Assembled Chemical Weapons Alternatives Program, Conrad F. Whyne, as Acting Program Manager of Assembled Chemical Weapons Alternatives Program, United States Department of the Army Pueblo Chemical Depot, Timothy M. Greenhaw, Lieutenant Colonel, as Commander of United States Department of the Army Pueblo Chemical Depot, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 5, 2012.

Attorney(s) appearing for the Case

David E. Kreutzer , First Assistant Attorney General ( John W. Suthers , Attorney General, Daniel D. Domenico , Solicitor General, Richard E. Lotz , Assistant Attorney General, with him on the briefs), Denver, CO, for Plaintiff-Appellant.

Maggie B. Smith ( Ignacia S. Moreno , Assistant Attorney General, Lisa E. Jones , Alan D. Greenberg , Sambhav N. Sankar , with her on the brief), United States Department of Justice, Washington D.C., for Defendants-Appellees.

Before LUCERO, EBEL, and HARTZ, Circuit Judges.

EBEL, Circuit Judge.

Since the 1950s, the United States has stored chemical weapons at the Army's weapons depot located near Pueblo, Colorado ("Depot"). Congress has now mandated that the Army destroy those weapons by 2017. Separately, Congress authorized the State of Colorado to regulate hazardous waste in that state. Invoking that regulatory authority, Plaintiff-Appellant Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management...

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