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SOUTH CAROLINA v. U.S.

No. 18-1148.

907 F.3d 742 (2018)

State of SOUTH CAROLINA, Plaintiff-Appellee, v. UNITED STATES of America; Rick Perry, in his official capacity as Secretary of the United States Department of Energy; National Nuclear Security Administration; Lisa E. Gordon-Hagerty, in her official capacity as Under Secretary for Nuclear Security and NNSA Administrator; United States Department of Energy, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: October 26, 2018.

Attorney(s) appearing for the Case

ARGUED: Daniel Tenny , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Kenneth Paul Woodington , DAVIDSON, WREN & PLYLER, PA, Columbia, South Carolina, for Appellee. ON BRIEF: Chad A. Readler , Acting Assistant Attorney General, Mark B. Stern , Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Beth Drake , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellants. Alan Wilson , Robert D. Cook , T. Parkin Hunter , OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina; Randolph R. Lowell , Benjamin P. Mustian , John W. Roberts , WILLOUGHBY & HOEFER, P.A., Columbia, South Carolina, for Appellee.

Before NIEMEYER, KING, and WYNN, Circuit Judges.

The United States of America, the Department of Energy, the National Nuclear Security Administration, and two federal officials in their official capacities (collectively, the "DOE"), appeal from adverse rulings concerning the DOE's failure to comply with federal statutory obligations to remove not less than one metric ton of...

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