1:18-cv-01431-JMC Date Filed 06/25/18 Entry Number 29 Page 1 of 28 – motion linked here
Also posted in docket on June 25, 2018: “MOTION for Summary Judgment by State of South Carolina. Response to Motion due by 7/9/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit NRC Backgrounder)No proposed order.(Lowell, Randy) (Entered: 06/25/2018)”
MOTION FOR SUMMARY JUDGMENT AND MEMORANDUM IN SUPPORT
Pursuant to Federal Rule of Civil Procedure 56 and Local Rules 7.04 and 7.05, Plaintiff State of South Carolina respectfully moves for this Court to grant summary judgment and enter a permanent injunction preventing the Department of Energy (DOE) and National Nuclear Security Administration (NNSA) and their respective officials (collectively, Federal Defendants) from terminating the mixed oxide fuel fabrication facility project (MOX Facility or Project) currently under construction at the Savannah River Site (SRS) in Aiken County, South Carolina, until the Federal Defendants have fully complied with the National Environmental Policy Act, 42 U.S.C.A. 1:18-cv-
§§ 4321-4370h (NEPA) requirement of taking a “hard look” at the consequences of indefinite, permanent storage of surplus weapons-grade plutonium at SRS or another disposition pathway.
CONCLUSION
For the foregoing reasons, the State of South Carolina is entitled to injunctive relief that the MOX Project may not be terminated until and unless a sufficient environmental impact statement and its record of decision are published. The State therefore respectfully requests that its Motion for Summary Judgment be granted and the Federal Defendants be enjoined from terminating the MOX Project until such time as a record of decision for a supplemental environmental impact statement or new environmental impact statement is issued that analyzes the impacts of indefinite, permanent storage of MOXable plutonium at SRS or an alternative disposition pathway for MOXable plutonium (such as dilute and dispose).