Michigan Coalition of Radioactive Material Users, Inc. v. Griepentrog

Nevada, Washington, and South Carolina were the only three states with sites to dispose of nuclear waste (sited states). The sited states had facilities at which low-level radioactive waste was buried in perpetuity. At one point, the sited states objected to handling nuclear waste transported from other states (non-sited states). In 1980, Congress passed the Low-Level Radioactive Waste Policy Act (the act) to motivate non-sited states to share the burden of nuclear-waste disposal. In 1985, Congress amended the act to add further incentives and penalties to encourage non-sited states to develop disposal capacities by December 31, 1992. While non-sited states were working on complying with the amended act, the sited states were required to accept nuclear waste from non-sited states. In 1990, the sited states concluded that Michigan was not complying with the act and declined to accept nuclear waste from Michigan. In the meantime, Michigan nuclear-waste generators had on-site temporary facilities at which nuclear waste could be safely stored. The Michigan Coalition of Radioactive Material Users, Inc. (the coalition) (plaintiff) sued relevant agencies of the sited states (the agencies) (defendants) in Michigan district court, seeking declaratory and injunctive relief to obtain access to the sited states’ disposal facilities. The agencies challenged the Michigan court’s personal jurisdiction. The court granted judgment in favor of the coalition and permanently enjoined the agencies from denying access to disposal facilities in the sited states. The agencies appealed and filed a motion to stay the district court’s judgment pending appeal in both the district court and the Sixth Circuit. The district court denied the agencies’ motion, and the Sixth Circuit had to decide whether to grant a stay.