Otter

MEMORANDUM **

The United States appeals the district court’s judgment in favor of the Governor of the State of Idaho and the State itself following a bench trial in which the terms of a Settlement Agreement with the United States for the removal of transuranic waste from the State of Idaho 1 were construed in the State’s favor. We affirm.

Although the subject matter is somewhat exotic, this case involves nothing more unusual than a simple question of contract interpretation. We previously remanded the case to the district court so that it could receive extrinsic evidence and decide whether the seemingly plain clause “all transuranic waste now located at INEL [Idaho National Engineering Laboratory]” meant something different as used in the Agreement. 2 See Pub. Serv. Co. of Colo. v. Kempthome, 114 Fed.Appx. 346, 347 (9th Cir.2004). The district court did so, and determined that the extrinsic evidence did not lead to a different meaning. 3 It also concluded that Idaho’s interpretation of the Agreement created no conflict between the Agreement and an *570 earlier Federal Facilities Agreement and Consent Order (“FFA/CO”) that addresses site remediation at INEL. Therefore, the…