Claims Court Says SC Must Chase Congress For Nuke Funds

Law360 (August 20, 2019, 8:40 PM EDT) -- The U.S. Department of Energy can’t be forced to make payments to South Carolina for its failure to meet milestones to reprocess weapons-grade plutonium if Congress didn’t provide funds to do so, a Court of Federal Claims judge ruled Tuesday.

While both South Carolina and the DOE agree that the agency failed to meet “critical milestones” for processing and disposing of surplus plutonium, and would be required to make $200 million in “assistance” payments to the state if money was available, there is no available source for the agency to tap, Judge Margaret M. Sweeney found.

She granted summary judgment to...

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