The justices refused without comment to hear South Carolina’s appeal of a lower court decision last October that allowed the U.S. Energy Department to stop building the Mixed Oxide Fuel Fabrication Facility at the Savannah River Site near Aiken.
Work on the plant started nearly two decades ago. Its goal was to take plutonium used in nuclear weapons built during the Cold War and convert it into a fuel called MOX to run nuclear plants around the world.
The facility was over budget and behind schedule nearly from the start. It was still decades away from completion when President Barack Obama’s final budget in 2016 pulled funding. Republicans in South Carolina asked President Donald Trump to restart the project, but his administration has refused.
South Carolina then sued the federal government, saying it promised to remove the 11 metric tons (24,250 pounds) of plutonium from the state by 2021 and without the MOX plant in place, there was no reason to believe the government could keep its end of the deal.
South Carolina Attorney General Alan Wilson said he was disappointed with the Supreme Court’s refusal to hear its appeal but said state officials “will continue to do everything necessary to protect the citizens of our state and hold the federal government accountable under the law.”
Federal officials said they should be free to consider any alternatives they want. The plan now appears to be to seal the plutonium and bury it in the Nevada desert: Wilson announced in August that federal officials had shipped 1 metric ton (2,200 pounds) of nuclear material from the Savannah River Site to Nevada.
In August, Nevada lost its own federal appeals court fight to block any more shipments of weapons-grade plutonium to a site near Las Vegas.