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 »
Hill v. Coggins (Lawyers Weekly No. 001-168-17, 33 pp.) (Floyd, J.) No. 16-1457, Aug. 14, 2017; USDC at Bryson City, NC. (Reidinger, J.) 4th Cir. Holding: Two patrons, members of a local Cherokee tribe, who visited defendants’ Cherokee Bear ...Read More »
Murray Energy Corp. v. Adm’r of the Environmental Protection Agency (Lawyers Weekly No. 001-149-17, 17 pp.) (Floyd, J.) No. 16-2432, June 29, 2017; USDC at Wheeling, W.Va. (Bailey, J.) 4th Cir. Holding: A district court did not have jurisdiction to ...Read More »