“MOTION by Lisa E. Gordon-Hagerty, National Nuclear Security Administration, Rick Perry, United States Department of Energy and US for stay pending appeal. Date of action to be stayed, if applicable:June 7, 2018.. Date and method of service: 09/28/2018 ecf. [1000375952] [18-1684] Andrew Rohrbach [Entered: 09/28/2018 05:13 PM]”
Filing of 09/28/2018 linked here:
IN THE UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
STATE OF SOUTH CAROLINA,
Plaintiff-Appellee,
v.
UNITED STATES OF AMERICA, et al.,
Defendants-Appellants.
RENEWED MOTION FOR STAY PENDING APPEAL
The United States respectfully renews its motion for a stay of the
district court’s order of June 7, 2018, which requires the Department of
Energy to continue the construction of a mixed-oxide fuel fabrication
(MOX) facility. The United States sought this relief before briefing and oral argument in this case. The Court denied the motion on June 29, 2018, in an order that set the case for expedited consideration.
As the Court is aware, this appeal arises from the district court’s
order requiring the government to continue construction of the MOX
facility, despite the Secretary of Energy’s exercise of an explicitly statutory right to waive the requirement to continue expending taxpayer funds on MOX.
As discussed in the United States’ briefing, the injunction costs
federal taxpayers an estimated $1.2 million a day. Appellants’ Br. 31; Reply Br. 17; see PI Order 31 (Attachment A). Those costs continue while the federal government’s appeal remains pending.
For the reasons discussed in our briefs and at argument, we
respectfully submit that the State has not met its burden of establishing entitlement to the preliminary injunction. If this Court agrees, it would be appropriate to issue a stay to prevent the unwarranted expenditure of millions of additional dollars in taxpayer funds.
CONCLUSION
For the foregoing reasons and those stated in the federal
government’s briefs, the preliminary injunction should be stayed.