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BOEING CO. v. MOVASSAGHI

No. 11-55903.

768 F.3d 832 (2014)

The BOEING Company, Plaintiff-Appellee, v. Maziar MOVASSAGHI, in his official capacity as the Acting Director of the California Dept. of Toxic Substances Control; Leonard Robinson, in his official capacity as the Acting Director of the California Dept. of Toxic Substances Control, Defendants, and Debbie Raphael, in her official capacity as the Acting Director of the California Dept. of Toxic Substances Control, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 19, 2014.

Attorney(s) appearing for the Case

Brian W. Hembacher , Supervising Deputy Attorney General, Los Angeles, CA, for Defendant-Appellant.

Randolph D. Moss , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for Plaintiff-Appellee.

Daniel P. Selmi , Los Angeles, CA, for Amici Curiae Southern California Federation of Scientists, Los Angeles Chapter of Physicians for Social Responsibility, Rocketdyne Cleanup Coalition, and Committee to Bridge the Gap.

David C. Shilton , United States Department of Justice, Washington, D.C., for Amicus Curiae United States.

Before: ALFRED T. GOODWIN, ANDREW J. KLEINFELD, and BARRY G. SILVERMAN, Circuit Judges.

OPINION

KLEINFELD, Senior Circuit Judge:

We affirm the district court's decision that a California law governing cleanup of a federal nuclear site violates the doctrine of intergovernmental immunity. Because we decide that the state law impermissibly regulates and discriminates against the federal government and its contractor, we do not reach the question of whether the federal laws governing nuclear materials and cleanup of hazardous substances preempted...

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