United States v. Commonwealth of Kentucky Kentucky Natural Resources & Environmental Protection Cabinet, Secretary

OPINION

COLE, Circuit Judge.

The Commonwealth of Kentucky, acting through the Secretary of the Kentucky Natural Resources and Environmental Protection Cabinet (“Cabinet”), appeals from the district court’s ruling that federal law preempts permit conditions imposed by the Cabinet relating to the disposal of radioactive waste in a landfill operated by the United States Department of Energy (“DOE”). For the following reasons, we AFFIRM the judgment of the district court.

I. BACKGROUND

The Paducah Gaseous Diffusion Plant (the “Plant”) is an active uranium enrichment facility owned by the DOE, located…