The Boeing Company v. Maziar Movassaghi

OPINION

KLEINFELD, Senior Circuit Judge:

We affirm the district court’s decision that a California law governing cleanup of a federal nuclear site violates the doctrine of intergovernmental immunity. Because we decide that the state law impermissibly regulates and discriminates against the federal government and its contractor, we do not reach the question of whether the federal laws governing nuclear materials and cleanup of hazardous substances preempted the state law. We need not reach Boeing’s Section 1983 claim for a declaratory judgment and an injunction.

FACTS

The federal government made…