South Carolina v. United States, No. 18-1684 (4th Cir. 2019)Annotate this Case
South Carolina filed suit to enjoin the United States and others from terminating the construction of a mixed-oxide fuel nuclear processing facility located in the state. The Fourth Circuit held that South Carolina failed to establish standing to pursue its claims and therefore vacated the preliminary injunction imposed by the district court. In this case, South Carolina's alleged injury -- becoming the permanent repository of weapons-grade plutonium -- was too speculative to give rise to a sufficient concrete injury in fact. The court also held that South Carolina's claims failed on ripeness grounds where numerous contingent future events must occur before South Carolina becomes the permanent repository of the nuclear material.