Federal judge dismisses South Carolina lawsuit seeking $200 million in plutonium fines
ECA Staff | 8/21/2019
A judge in the U.S. Court of Federal Claims dismissed a complaint filed by the State of South Carolina, which claimed the federal government owes the state $200 million for the failure to remove
weapons-grade plutonium stored at the Savannah River Site.
South Carolina argued that a federal law has established fines if the Department of Energy (DOE) did not meet certain deadlines for removal. In the law, the federal government would be required to pay $1 million per day, up to $100 million per year, to the state for missing the deadlines.
The judge ruled that DOE cannot be forced to pay the fines because Congress has not appropriated funding for the agency to do so. The ruling read, "Under the circumstances of this case, plaintiff’s proper course to obtain economic and impact assistance is to request an
appropriation from Congress."
South Carolina Attorney General Alan Wilson said the state plans to appeal the ruling.
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