United States v. County of San Diego

CANBY, Circuit Judge:

The United States appeals the district court’s grant of summary judgment in favor of the County of San Diego. We review de novo the district court’s grant of summary judgment. Atwood v. Newmont Gold Co., 45 F.3d 1317, 1320 (9th Cir.1995). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I

BACKGROUND

General Atomics, a private scientific research firm, conducts nuclear fusion research for the United States Department of Energy as part of a national program. The research is performed using a large nuclear device 1 that is housed on General Atomics’ property. Athough…