The respondent-Department of Health and Environmental Control could not bypass its obligation to consider whether there was any potential for manure, litter or process wastewater from the proposed concentrated animal feeding operations (CAFOs) to be added to the waters of ...Read More »
In support of her motion to certify a plaintiff class, plaintiff alleges that defendant bought part of a tract of land that is contaminated by polychlorinated biphenyls (PCB) and that defendant failed to prevent the migration of PCB to surrounding ...Read More »
Building a proposed 2,380-foot steel sheet pile wall outside a “critical area” to which S.C. Code Ann. § 48-39-30(D) applies would allow a developer to construct a road across a narrow isthmus of Kiawah Island so the developer could build ...Read More »
Environmental – Administrative – Radioactive Waste Disposal – Technical Regulations – Water Migration
Regulations concerning (1) the migration of water onto radioactive waste disposal units and (2) the migration of waste or waste-contaminated water out of the disposal units are “technical requirements,” which petitioner Chem-Nuclear Systems, LLC, must satisfy as a condition of ...Read More »
Environmental – Public Trust Doctrine – Civil Practice – Standing – Justiciability – Riparian Rights – Agricultural Water Use
Although plaintiffs complain that, under the Surface Water Withdrawal, Permitting, Use, and Reporting Act, farmers have a perpetual right to continue to withdraw their registered amount of water, regardless of how conditions may change in the future, plaintiffs have not ...
Tagged with: Civil PracticeRead More »
A real estate developer sought a bulkhead/revetment combination to protect the upland property of Captain Sam’s Spit. Expert testimony established that the bulkhead without the revetment would exacerbate erosion; therefore, the Administrative Law Court’s approval of the bulkhead without the ...
Tagged with: ErosionRead More »
EQT Production Co. v. Wender (Lawyers Weekly No. 001-179-17, 32 pp.) (Harris, J.) No. 16-1938, Aug. 30, 2017; USDC at Charleston W.Va. (Copenhaver, J.) 4th Cir. Holding: A West Virginia county’s local ordinance prohibiting the disposal of wastewater from plaintiff ...
Tagged with: WastewaterRead More »