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Boeing Co. v. Robinson

ELR Citation: 41 ELR 20163
Nos. No. 10-4839, (C.D. Cal., 04/26/2011)

A district court held unconstitutional California legislation (SB 990) that prescribes cleanup rules that apply only to a former federal nuclear research and rocket testing facility and criminalizes any sale or disposition of the property until it is cleaned up in accordance with the standards set forth in SB 990. The law is preempted by the Atomic Energy Act because it regulates the federally occupied field of nuclear health and safety. It also violates the doctrine of intergovernmental immunity by directly regulating the federal government, its contractor, its lessor, and its facilities in a discriminatory manner. It is undisputed that any private contamination at the site is inextricably intermixed with and indistinguishable from the federal contamination, and it is impossible to apply SB 990 to only the private contamination at the site. As such, SB 990 violates the Supremacy Clause and is invalid in its entirety.