STATE of SOUTH CAROLINA, ex rel.; Carroll A. CAMPBELL, Jr., Governor of South Carolina; T. Travis Medlock, Attorney General of South Carolina; Barbara G. Campbell; Janine Graham; Edlis Hunt; Geneva Lucas; Alice Seals; the Center for Community Action; Blue Ridge Environmental Defense League, Incorporated; the Conservation Council of North Carolina, Incorporated, Plaintiffs-Appellees,
v.
Hazel O'LEARY, Secretary of Energy; United States Department of Energy, Defendants-Appellants, and
Hahn-Meitner Institut Berlin; Paul Scherrer Institute of Switzerland; Austrian Research Centre Siebersdorf; Risoe National Laboratory of Denmark; SKB Swedish Nuclear Fuel & Waste Management Company; Delft University of Technology in the Netherlands, Defendants.
STATE of SOUTH CAROLINA, ex rel.: Carroll A. CAMPBELL, Jr., Governor of South Carolina; T. Travis Medlock, Attorney General of South Carolina; Barbara G. Campbell; Janine Graham; Edlis Hunt; Geneva Lucas; Alice Seals; the Center for Community Action; Blue Ridge Environmental Defense League, Incorporated; the Conservation Council of North Carolina, Incorporated, Plaintiffs-Appellees,
v.
HAHN-MEITNER INSTITUT BERLIN; Paul Scherrer Institute of Switzerland, Defendants-Appellants, and
Hazel O'Leary, Secretary of Energy; United States Department of Energy; Austrian Research Centre Siebersdorf; Risoe National Laboratory of Denmark; SKB Swedish Nuclear Fuel & Waste Management Company; Delft University of Technology in the Netherlands, Defendants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued June 8, 1995.
Decided August 22, 1995.
Attorney(s) appearing for the Case
ARGUED: Lois J. Schiffer, Assistant Attorney General, Environment & Natural Resources Division, United States Department of Justice, Washington, DC; Joseph Richard Egan, Egan & Associates, P.C., Washington, DC, for appellants. Kenneth Paul Woodington, Assistant Attorney General, Columbia, SC; John David Runkle, Chapel Hill, NC, for appellees.
ON BRIEF: Peter R. Steenland, Jr., Charles W. Findlay, Edward J. Shawaker, Environment & Natural Resources Division, United States Department of Justice, Washington, DC; Mark Johnston, Deputy General Counsel, United States Department of Energy, Washington, DC; John W. Lawrence, Egan & Associates, P.C., Washington, DC; James C. Gray, Jr., Howard A. VanDine, III, Nelson, Mullins, Riley & Scarborough, L.L.P., Columbia, SC, for appellants. Charles Molony Condon, Attorney General, Cameron B. Littlejohn, Jr., Assistant Attorney General, Columbia, SC; Henry L. Deneen, Chief Legal Counsel to the Governor, Elizabeth B. Partlow, Legal Counsel to the Governor, Columbia, SC; Melany Earnhardt, North State Legal Services, Hillsborough, NC; Dale G. Deese, Lumbee River Legal Services, Pembroke, NC, for appellees.
Before RUSSELL, HALL and NIEMEYER, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Reversed and vacated by published opinion. Judge NIEMEYER wrote the majority opinion, in which Judge HALL concurred. Judge DONALD RUSSELL wrote a separate dissenting opinion.
OPINION
NIEMEYER, Circuit Judge:
On January 27, 1995, the district court in South Carolina enjoined the United States from honoring its commitment, made in furtherance of its nuclear nonproliferation policy, to receive into this country and store 409 spent nuclear fuel rods...
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