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Tag Archives: Licenses & Permits

Environmental – Administrative – Licenses & Permits — Wildlife Refuge – Clean Water Act (access required)

Friends of Back Bay v. U.S. Army Corps of Engineers The “Friends of Back Bay” win their challenge to a Clean Water permit issued by the Army Corps of Engineers to a developer who wants to build a mooring facility and concrete boat ramp about 3,000 feet from the Back Bay National Wildlife Refuge in Virginia Beach; the 4th Circuit vacates a decision upholding the permit, as the Corps relied on voluntary compliance with a “secret” no-wake zone to protect the Refuge from the negative effect of adding 64 boat slips to the existing 12 in the area.

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Environmental – Civil Practice – Standing – River Pollution – Public Utilities – Administrative – Licenses & Permits (access required)

Catawba Riverkeeper Foundation, Inc. v. South Carolina Electric & Gas Co. Even though defendant’s power plant is downstream from the areas mentioned in plaintiff’s articles of incorporation, plaintiff’s activities indicate a concern with the entire watershed of the Catawba River. Plaintiff has indicated a valid interest in the Wateree River region.

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Constitutional – Due Process – Administrative – Licenses & Permits – Contractor’s License – Tort/Negligence – Defamation – Tortious Interference with Contractual Relations (access required)

Squirewell v. South Carolina Department of Labor, Licensing & Regulation Although plaintiff asserts that he was denied procedural due process, he did not take advantage of existing procedures; that is, after his contractor’s license was revoked, plaintiff did not appeal to the Administrative Law Court. Plaintiff’s failure to use available post-deprivation procedures defeats his procedural due process claim. Summary judgment for defendants.

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