South Carolina Lawyers Weekly
Where the Federal Power Act, or FPA, requires the Federal Energy Regulatory Commission, or FERC, to take steps before it can bring claims against those charged with manipulation of the energy markets, the five-year statute of limitations for filing ...
Read More »Administrative – Time of illicit trading does not trigger statute of limitations
Administrative – Associational Standing – Environmental Permits – ‘Affected Person’ – Charleston Cruise Terminal 
As associations dedicated to protecting historic neighborhoods, whose members believe the ill effects they already suffer from Charleston’s cruise ship terminal will worsen if the terminal is expanded, petitioners have standing to seek a contested case hearing in the ...
Read More »Administrative – Board erred in awarding permit for Union Hill compressor station
Where the Virginia Air Pollution Control Board failed to provide a rational explanation as to why it awarded a construction permit for a compressor station in the historic community of Union Hill, reasons offered during litigation were insufficient as a matter ...
Read More »Administrative – Environmental – Landfill Modifications – Notice Requirements
The respondent Department of Health and Environmental Control allowed respondent MRR Pickens, LLC, to make a major modification to its landfill permit, but DHEC labeled the modification as “minor.” Minor modifications do not carry the same notice requirements as major ...
Read More »Administrative – Real Property – Dock Modification – Neighbor’s Value & Enjoyment – Environmental
In an area where many docks were “grandfathered” in and do not comply with the requirements of the Coastal Zone Management Act, the Administrative Law Court erred in basing its decision (to deny an application to modify a private dock) ...
Read More »Administrative Denied benefits, woman challenges expert’s testimony
Although a woman argued her residual functional capacity, which limits her to “simple, routine, repetitive tasks,” conflicted with the vocational expert’s testimony about the category of tasks she is able to perform, there is no inconsistency between her capacity and the ...
Read More »Administrative Pipeline thwarted by bee, clubshell, bat and isopod
For the third time, the U.S. Fish and Wildlife Service will attempt to determine whether construction of the Atlantic Coast natural gas pipeline will threaten four endangered species after the conclusions in FWS’s prior opinion were found arbitrary and capricious. ...
Read More »Administrative – Whistleblower’s claims not covered by Sarbanes-Oxley
Northrop Grumman successfully argued that an employee’s complaint was not within the scope of the Sarbanes-Oxley Act, or SOX, and she therefore could not claim whistleblower protection under the Act. An ALJ’s order in favor of the employee was vacated. ...
Read More »Administrative – Child Abuse Registry – ‘Expedited’ Hearing – TRO
S.C. Code Ann. § 63-7-1230 requires immediate entry into the Central Registry of Child Abuse and Neglect of the name of a person administratively determined to have harmed or threatened to harm a child. The statute is thus intended to ...
Read More »Administrative – Rescission of DACA was arbitrary and capricious
The Department of Homeland Security’s decision to rescind the Deferred Action for Childhood Arrivals policy established in 2012 was arbitrary and capricious because the memo explaining that decision did not identify any basis for the department’s view that the ...
Read More »