243 F. Supp. 3d 673
D.S.C.2017Background
- After Cold War, DOE selected a dual-path plutonium disposition (immobilization + MOX fuel) and planned a MOX Fuel Fabrication Facility at Savannah River Site (SRS) in South Carolina.
- Congress enacted 50 U.S.C. § 2566 requiring the Secretary of Energy to report and, if the MOX production objective was not met by Jan. 1, 2014, to remove at least one metric ton of defense plutonium from South Carolina by Jan. 1, 2016, consistent with NEPA and other laws.
- South Carolina sued, alleging the MOX objective was not met and the Secretary failed to remove one metric ton by Jan. 1, 2016; only the § 2566(c) (second) cause of action remained at summary judgment.
- Defendants conceded the MOX objective was not met and no one metric ton was removed by the deadline but argued § 2566(c)(1) is not mandatory, that equitable/practical considerations weigh against mandamus, and that APA/other remedies control.
- The district court found § 2566(c)(1) imposed a non-discretionary duty, concluded the APA (5 U.S.C. § 706(1)) provides the proper vehicle (precluding mandamus under 28 U.S.C. § 1361), and ruled the Secretary unlawfully withheld action but that immediate removal could not be ordered because removal must comply with NEPA and other laws.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 2566(c)(1) impose a non-discretionary duty to remove 1 metric ton if MOX objective missed? | The statute’s plain language creates a mandatory duty to remove one metric ton by Jan. 1, 2016. | The provision is not mandatory; it allows discretion given operational and legal constraints. | Held: § 2566(c)(1) is non-discretionary; duty to remove arose and was not satisfied. |
| Proper procedural vehicle: mandamus under § 1361 or APA § 706(1)? | State sought mandamus or APA relief to compel removal. | Defendants argued mandamus or equitable considerations should bar relief; APA may not apply. | Held: APA § 706(1) is the proper remedy; availability of APA relief precludes mandamus under § 1361. |
| Under § 706(1), can the court decline to compel agency action on equitable grounds? | State argued court must compel the unlawfully withheld action. | Defendants urged courts retain equitable discretion (TRAC/Barr Labs approach). | Held: Following Forest Guardians, § 706(1)’s "shall" requires courts to compel unlawfully withheld agency action; no equitable discretion to refuse once unlawful withholding is found. |
| Scope/timing of relief and additional relief (immediate removal; injunction on transfers; declaratory judgment; retention of jurisdiction) | State sought immediate removal, suspension of transfers to SRS, declaratory judgment, and continuing jurisdiction. | Defendants emphasized NEPA/other statutory requirements and practical impediments to immediate removal; opposed continuing jurisdiction and declaratory relief. | Held: Court must compel removal of one metric ton consistent with NEPA/other laws but cannot order immediate removal or an injunction suspending transfers (those actions were not the non-discretionary duty alleged). The court will retain jurisdiction to the limited extent of entering the injunctive order later; declaratory relief denied. |
Key Cases Cited
- Forest Guardians v. Babbitt, 174 F.3d 1178 (10th Cir. 1999) (when agency unlawfully withholds statutorily mandated, date-certain action, § 706(1) requires courts to compel it without equitable refusal)
- Norton v. S. Utah Wilderness All., 542 U.S. 55 (2004) (APA § 706(1) permits compulsion only of discrete, non‑discretionary agency actions)
- Kerr v. U.S. Dist. Court, 426 U.S. 394 (1976) (mandamus is an extraordinary, discretionary equitable remedy)
- Pittston Coal Grp. v. Sebben, 488 U.S. 105 (1988) (mandamus may only compel clear nondiscretionary duties)
- Heckler v. Ringer, 466 U.S. 602 (1984) (mandamus relief requires a clear nondiscretionary duty)
- Cumberland Cnty. Hosp. Sys., Inc. v. Burwell, 816 F.3d 48 (4th Cir. 2016) (mandamus is drastic and equity‑sensitive; cited in context distinguishing § 1361 practice from APA § 706(1) duties)