COLUMBIA, S.C. — A federal judge has dismissed another portion of South Carolina’s lawsuit against the federal government over an unfinished plutonium processing project.
U.S. District Judge Michelle Childs ruled Tuesday the state can’t challenge the constitutionality of the federal government’s failure to uphold a deal over the facility. Childs already ruled out paying the state $100 million in fines over the facility intended to turn weapons-grade plutonium into nuclear reactor fuel.
The judge kept alive South Carolina’s challenge over the U.S. Department of Energy’s failure to dispose of 1 metric ton of plutonium annually.
Both sides are set to mediate what’s left of the case later this year.