South Carolina v. United States, No. 18-1148 (4th Cir. 2018)Annotate this Case
The district court awarded summary judgment to the state and entered an injunction that required DOE to remove not less than one metric ton of defense plutonium from the State within two years. The Fourth Circuit held that the district court properly enforced the statutory responsibilities imposed on the DOE by Congress and that it also appropriately crafted and entered the injunction. The court rejected the DOE's contention that the principles governing mandamus proceedings, as well as fundamental principles of injunctive relief, control the award of an injunction under the Administrative Procedure Act. The court held that the district court, in carefully crafting the injunction, gave full consideration to the positions of the parties and the record. Therefore, the district court did not abuse its discretion or improperly burdened the DOE by imposing 50 U.S.C. 2566(c)'s two-year removal time frame.