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U.S. v. STATE

No. 19-35673.

971 F.3d 856 (2020)

UNITED STATES of America, Plaintiff-Appellant, v. STATE of Washington; Jay Robert Inslee, in his official capacity as Governor of the State of Washington; Joel Sacks, in his official capacity as Director of the Washington State Department of Labor and Industries; Washington State Department of Labor & Industries, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 19, 2020.

Attorney(s) appearing for the Case

John S. Koppel (argued) and Mark B. Stern , Appellate Staff; Bill Hyslop , United States Attorney; Joseph H. Hunt , Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Plaintiff-Appellant.

Noah G. Purcell (argued), Solitor General; Anastasia Sandstrom , Senior Counsel; Paul Wiedeman , Assistant Attorney General; Robert W. Ferguson , Attorney General; Office of the Attorney General, Olympia, Washington; for Defendants-Appellees.

Before: RICHARD R. CLIFTON and MILAN D. SMITH, JR., Circuit Judges, and JAMES DONATO, District Judge.

OPINION

The Hanford site is a decommissioned federal nuclear production site that sprawls over more than five hundred square miles in southeastern Washington State. While active between 1944 and 1989, the Hanford site produced nearly two-thirds of the nation's weapons grade plutonium for use in the United States...

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