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United States v. Manning

ELR Citation: 38 ELR 20119
Nos. Nos. 06-35613 et al., (9th Cir., 05/21/2008)

The Ninth Circuit held that federal law preempts Washington State's Cleanup Priority Act, a statute enacted through the passage of a voter initiative. The Act was intended to "prevent the addition of new radioactive and hazardous waste" at the Hanford Nuclear Reservation site until cleanup of existing contamination is complete. The Atomic Energy Act preempts the Washington statute. A key purpose of the Cleanup Priority Act is to regulate the radioactive component of mixed waste, as well as the nonradioactive component, for health and safety reasons. In addition, the Act directly and substantially impacts the U.S. Department of Energy's decisions on the nationwide management of nuclear waste.