Greeneagle, Inc. v. South Carolina Department of Health & Environmental Control In ruling on petitioner’s demonstration-of-need request, respondent S.C. Department of Health and Environmental Control (DHEC) made a determination that there was a geographical need for petitioner’s proposed construction, demolition and land-clearing debris landfill. This was separate from DHEC’s determination that the proposed landfill was not consistent with the local solid waste management plan.
N.C. Wildlife Federation v. N.C. Dep’t of Transportation The 4th Circuit vacates summary judgment for state and federal highway agencies in North Carolina that approved construction of the “Monroe Connector Bypass,” a new 20-mile toll road linking Mecklenburg and Union Counties; the agencies violated the National Environmental Protection Act by failing to disclose “critical assumptions” underlying project approval and by providing the public with incorrect information.
Murphy v. South Carolina Department of Health & Environmental Control In an environmental regulation, “vicinity” includes not just the section of a stream that will be filled, but also the surrounding area. We affirm the Administrative Law Court’s (ALC’s) decision to affirm a water quality certification (WQC) for a construction project to expand an overcrowded high school.
Shenandoah Valley Network v. Capka, Adm’r The 4th Circuit dismisses an appeal by environmental and preservation organizations that challenge federal and state agencies’ planned improvements to Virginia’s Interstate 81 corridor under a tiered review process.
Kiawah Development Partners, II v. South Carolina Department of Health & Environmental Control In rewriting a permit issued by the S.C. Department of Health and Environmental Control (DHEC), the administrative law judge exceeded his authority, and he failed to give due deference to DHEC’s interpretation of the applicable statutes and regulations.
We reverse the ALJ’s decision and remand for further proceedings.
Sandlands C&D, LLC v. County of Horry Although the SC Solid Waste Policy and Management Act encourages a regional approach to solid waste disposal, it does not preempt a county’s authority to regulate solid waste disposal within its own borders.
The U.S. District Court for the District of South Carolina certified to us the question of whether the Solid Waste Policy and Management Act (SWPMA) preempts Horry County Ordinance 02-09. Our answer is, “No.”
Georgetown County League of Women Voters v. Smith Land Co. Contrary to the holding of the circuit court, (1) the S.C. Department of Health and Environmental Control does have jurisdiction to regulate isolated wetlands; (2) the respondent-landowner did violate the S.C. Pollution Control Act (the Act) when it filled wetlands on its property; and (3) the Act creates a private cause of action.
Risher v. South Carolina Department of Health & Environmental Control Respondent’s lot is contiguous to land agreed to by all parties as being part of Fripp Island, and no portion of the lot is lower than the established mean high water or mean high high water marks; therefore, the lot is part of Fripp Island. Since Regulation 30-1.D(11) excludes Fripp Island from its definition of a “coastal island,” Regulation 30-12.N is inapplicable.
Rockville Haven, LLC v. Town of Rockville The respondent-town's guideline provides that "proposed structures shall not impede scenic rural views from the main road, from existing structures or from natural settings." The witnesses who opposed appellants' application to build a dock and walkway did not say their views would be obstructed by appellants' marsh-level structures; instead, the witnesses worried that granting appellants' application would set a precedent, and multiple docks and walkways would obstruct the witnesses' views.
Friends of Congaree Swamp v. Federal Highway Administration In performing its environmental assessment, the defendant-agency was entitled to use the present as a starting point, rather than going back 65 years to when the current bridges were built across the Congaree River floodplain.
Defendants' motion for summary judgment is granted.
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