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SOUTH CAROLINA v. U.S.

No. 18-1684.

912 F.3d 720 (2019)

State of SOUTH CAROLINA, Plaintiff-Appellee, v. UNITED STATES of America; United States Department of Energy; Rick Perry, in His Official Capacity as Secretary of Energy; National Nuclear Security Administration; Lisa E. Gordon-Hagerty, in Her Official Capacity as Administrator of the National Nuclear Security Administration and Undersecretary for Nuclear Security, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: January 8, 2019.

Attorney(s) appearing for the Case

ARGUED: Andrew Alperin Rohrbach , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Randolph R. Lowell , WILLOUGHBY & HOEFER, PA, Columbia, South Carolina, for Appellee. ON BRIEF: Chad A. Readler , Acting Assistant Attorney General, Mark B. Stern , Daniel Tenny , Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Sherri A. Lydon , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellants.

Vacated and remanded by published opinion. Judge Wynn wrote the opinion, in which Judge Niemeyer and Judge King joined.

The State of South Carolina brought this action to enjoin the United States of America and other Defendants1 (collectively, "the United States") from terminating the construction of a mixed-oxide fuel nuclear processing facility located at the Savannah River Site in South Carolina. South Carolina...

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