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Environmental – Administrative Authority – Savannah River Project – DHEC Negotiation (access required)

Savannah Riverkeeper v. South Carolina Department of Health & Environmental Control The plain language of S.C. Code Ann. § 54-6-10 gives the Savannah River Maritime Commission the responsibility and exclusive authority to represent South Carolina in all matters pertaining or collaterally related to dredging in the Savannah River for purposes of navigation by ocean-going container or commerce vessels, and certification under § 401 of the Clean Water Act (401 Certification) for the Savannah Harbor Expansion Project (SHEP) fell within the scope of that authority. Thus, the S.C. Department of Health & Environmental Control (DHEC) acted in contravention of § 54-6-10 when it issued a 401 Certification.

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