S.C. ATTORNEY GENERAL ANNOUNCES LEGAL ACTIONS AGAINST OBAMA ADMINISTRATION
Over the last few years, our office has dealt with a similar issue involving Yucca Mountain. In that case the federal government, under an agreement with the states, collected billions of dollars for nuclear waste disposal and with the unilateral stroke of a pen the federal government effectively said, “You keep your nuclear waste and we will keep your money.”
In that case, this office brought a suit which resulted in a federal court of appeals ruling that the administration “flouted” the law. Today, the administration is flouting the law again in a similar fashion.
The MOX facility was created because Congress believed that there needed to be a safe and efficient way to reduce the threat of nuclear weapons proliferation through the disposition of surplus plutonium.
Congress passed a law and appropriated money for this purpose. The DOE and the National Nuclear Security Administration (NNSA) entered into an agreement with the State of SC to construct and operate the MOX facility so as to prevent SC from becoming a nuclear waste dumping ground.
The President asked for money originally designated as construction money by Congress to now be used as “close-up” money for the MOX facility. This action effectively places the MOX facility in “cold standby” thus rendering it terminated.
Through the unilateral indefinite suspension of the MOX project without any plutonium disposal alternative — without any Congressional authorization or approval, — and without any legal authority, the federal government has failed to not only honor its commitment to SC but has breached its obligation to responsibly address the disposal of surplus plutonium.
Further, this violation of the Constitution not only effectively terminates the MOX facility but it terminates approximately 1800 jobs of SC’s hard working citizens. This is why I have filed a complaint today in federal court on behalf of the State of South Carolina seeking to halt this illegal and unconstitutional act. Our complaint asserts that that the administration’s misuse of federal funds violates the fundamental tenet of separation of powers and it explicitly violates a federal statute prohibiting executive agencies from expending funds for purposes unauthorized by Congress.
Finally, I would like to thank our federal and state delegation and our Governor for their rapid response as well as their support for our office on this issue.
STATE OF SOUTH CAROLINA v. U.S. DEPARTMENT OF ENERGY, et. al. (.pdf)
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19 comments
Alan Wilson and Nikki Haley were against government spending before they were for it. This is exactly the type of fiscal cuts the Tea Party has been seeking. I guess when it actually happens to them (in Aiken), they are against said cuts.
We are not against spending. We are just against taxes.
The government has breached its obligation to responsibly address the disposal of surplus plutonium.
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what are you, a nanny-statist?
Wow, both commenters are about as far off the mark as it gets. The money isn’t cut. It has been repurposed. There goes your Tea Party theory. Second, “nanny-statist?” Who is supposed to process government made, weapons grade plutonium? The government – that’s who. My Lord, you people are dumb.
Perhaps they will propose that we just sell weapons grade plutonium on the “free market” to get rid of it and make some cash.
Ukraine wants theirs back.
REPURPOSED? I will try that excuse with the IRS.
Anything to distract from his ethics issue… I wonder how much more we are going to hear about. He’s already had to reimburse half of his contributors. Who know what we are going to see next…
“Anything to distract from his ethics issue”… …BAM!
“Attorney General Wilson correcting campaign filings back to 2010 after questions”
Since Sunday, Attorney General Alan Wilson’s campaign has filed new reports for every quarterly disclosure since January 2010. The amendments come days after the AP asked the campaign about contributions that appeared to exceed the limit of $3,500 per election cycle or appeared to be unreported.
http://chronicle.augusta.com/news/government/2014-03-17/attorney-general-wilson-correcting-campaign-filings-back-2010-after
Wilson is against moochers and living off the government dole. Unless it’s suddenly his folks that have to stand on their own – then – oops – we went our jobs. Don’t want SC to become a plutonium dumping ground? Guess what – you already are. Why not do the rational thing and sell the plutonium to Iran, exercise some of those “states” rights.
Wilson, Clyburn, Graham, and so on, are liars and are supporting big business interest supporting a very good project; however, one that is completing a fraud against the tax payer. An investigation should be conducted into why a 1.6 billion dollar Project gas spiraled out of control. Also how Wilson, Graham, and Clyburn have benefited. They are working on collusion to defraud the tax payer in support of big business… who owned Shaw e&I?
“The DOE and the National Nuclear Security Administration (NNSA) entered
into an agreement with the State of SC to construct and operate the MOX
facility so as to prevent SC from becoming a nuclear waste dumping
ground.”
If this is truly the issue, they they can be sued for violating the agreement. All other issues aside from this make the Republicans seem hypocritical in regard to their supposed want to reduce the size of government.
After voting to gut the 2011 Budget Act, raise taxes, and cut C.O.L.A. increases by 1% for all retired military under 62, SC-2 Rep Joe Wilson needs the votes a lawsuit can whistle up.
Any resolution to MOX closing won’t happen for years. Who cares, appearances mean a lot in politics.
Filing for the June primary opened on March 17 closing on Marcg 30. Eddie McCain has filed to challenge SC-2 Joe “you lie” Wilson in June.
https://info.scvotes.sc.gov/VRS.Public.Web.Ballot.aspx?Type=SICPledge&Id=2307&QSHelperHash=E898BCEEC94528FCF623CD0A6F624EF9FC004217
SC won a Writ of Mandamus in the Yucca Mt. case, but it is still not being funded by the current administration. Forget about lawsuits for damages and go right to criminal prosecution and impeachment proceedings. That will get their heads up during forthcoming elections.
Haley and Wilson to the feds: spend more money on this failed project, money that we don’t have & run up the debt. The funeral service commemorating the final death throes of fiscal conservatism will be announced soon. Till then: spend on a failed project that benefits their contractor pa!s!
This is how they will get around any pollution problems that SCDEHEC allows. They will take away your right to fight any pollution. As you know SCDEHEC allows any company to pollute as long as the company pays off the big wigs. Read this and see how SCDEHEC and the state government works If this passes you will no longer be able sue.
Beginning with the June 6, 2012, effective date of Act 198 of 2012, no claim or cause of action alleging a violation of the Pollution Control Act may be filed in a court or administrative tribunal by any person other than the Department of Health and Environmental Control or an agency, commission, department, or political subdivision of the State, with the exception that an individual may pursue the administrative procedure established by Act 198 of 2012 that allows someone to petition DHEC for a declaratory ruling on an assertion that the Pollution Control Act is being violated.
I will try to make this clear on H.3925 it’s a bill that the SC house passed and now it’s on the senate floor to be passed. In a nutshell it says your right to sue will be gone. This is spelled out like this if you decide to sue you must first get permission to sue from SCDEHEC. And they will not give you permission. This will take away your right that the consitution first admentment says you have. As you know SCDEHEC is only for big business. This is just another way our government is taking away your rights.
Why hasn’t the intentional fraud been investigated? Both and democrats have sold out America. What isn’t the intentional fraud been investigated. From the published reports, if the project is completed and costs 30 billion to the middle class tax payer and if they can sell all the fuel Produced, a nominal 5 billion, 25 billion loss to the tax payer m fiscal conservatives? Of the 1800 jobs, 1200are construction temporary jobs, the large remaining are foreign jobs! Who owned Shaw? Isn’t It Warren Buffett? Why is really benefiting? Both republicans and democrats that sold out middle America for us big business and multinational cooperation s? Investigate where the direct and indirect money is going and who is really benefiting. What has Lindsey Graham office benefited? Direct and indirect? What happeNed to transparency?
Let’s get it on the table. We don’t want another investigation in which the truth is hidden, out the real facts on the table