10th Circ. Says Colo. Can't Regulate Army Chemical Weapons

Law360, New York (September 6, 2012, 3:30 PM EDT) -- The Tenth Circuit held Wednesday that Colorado can’t force the U.S. Army to get rid of chemical weapons stored at a depot in the state because a federal law controlling the mustard agent’s destruction preempts the state’s mandate to manage such hazardous material.

A three judge panel said although Congress has delegated to Colorado the authority to regulate hazardous waste in the state, its 1985 order that the Army’s stockpile of chemical weapons, like the 2,600 tons of mustard agent in Colorado, be destroyed by 2017...
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