Washington State Law Prohibiting Mixed Waste Shipments to Hanford Is Unconstitutional

摘要

On June 12, 2006, the U.S. District Court for the Eastern District of Washington ruled that Washington's Cleanup Priority Act (CPA) violates the U.S. Constitution's Supremacy and Commerce Clauses, and is preempted by the federal Atomic Energy Act (AEA). The law prohibits mixed waste facilities, including the Hanford Nuclear Reservation, from receiving mixed waste that is not generated at the facility until onsite cleanup is completed and all appropriate final facility permits have been obtained for all mixed waste management units. The decision was handed down in U.S. v. Manning (Docket Number: CV-04-5128-AAM).