Attorney General Alan Wilson has asked for a decision without a trial.
The state is suing the U.S. Energy Department to keep the government from defunding a multi-billion dollar project to turn weapons-grade plutonium into commercial reactor fuel. Gov. Nikki Haley says the closure of the mixed-oxide fuel project would harm an international nonproliferation agreement and eliminate hundreds of jobs.
The MOX project is to help the United States fulfill an agreement with Russia to dispose of weapons-grade plutonium.
The Obama administration intends to mothball the project, which is billions of dollars over budget. Wilson says that's unconstitutional.
Kinnard can be reached at http://twitter.com/MegKinnardAP
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