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KEYSERLING v. BEASLEY

No. 24415.

470 S.E.2d 100 (1996)

Harriet KEYSERLING, Sierra Club, League of Women Voters of South Carolina, South Carolina Wildlife Federation, South Carolina Coastal Conservation League, Energy Research Foundation, and Justin Stephen McMillan, Petitioners, v. David M. BEASLEY, as Governor of the State of South Carolina, David H. Wilkins, as Speaker of the House of Representatives, Robert L. Peeler, Lt. Governor and President of the Senate, and The State of South Carolina, Respondents. John W. Drummond, in his capacity as President Pro Tempore of the South Carolina Senate and on behalf of the Senate, Intervenors.

Supreme Court of South Carolina.

Decided April 22, 1996.

Attorney(s) appearing for the Case

James S. Chandler, Jr., of the South Carolina Environmental Law Project, Pawleys Island; W. Dennis Chamberlain, Greenville; Robert Guild, Columbia; Daryl G. Hawkins of Lewis, Babcock & Hawkins, Columbia; Joseph S. Lyles, of Howard, Howard, Francis & Reid, Greenville, Gary W. Poliakoff, of Poliakoff, Poole & Associates, Spartanburg; and Phillip L. Fairbanks, of Fairbanks & Lindsay, Beaufort, all for petitioners.

Attorney General Charles Molony Condon, Deputy Attorney General Treva G. Ashworth, Assistant Deputy Attorney General J. Emory Smith, Columbia, for respondents Governor, Speaker, Lt. Governor and State.

Michael N. Couick, W. Hogan Brown, and Paula G. Benson, Columbia, for intervenor John W. Drummond, President Pro Tempore, South Carolina Senate.

WALLER, Justice:

We accepted this matter in our original jurisdiction, not to decide whether the Barnwell landfill should remain open or should close, but solely to determine whether sections B & D of Part II, section 79 of the 1995 Appropriations Act violate Article III, § 17 of the South Carolina Constitution.1 We hold that they do not.

FACTS

The Southeastern Low-Level Radioactive Waste Management Compact ...

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