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CHEM-NUCLEAR SYSTEMS v. BD. OF HEALTH

No. 26364.

374 S.C. 201 (2007)

648 S.E.2d 601

CHEM-NUCLEAR SYSTEMS, LLC, Plaintiff, v. SOUTH CAROLINA BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, Defendant, and Sierra Club, Intervenor.

Supreme Court of South Carolina.

Decided July 23, 2007.

Attorney(s) appearing for the Case

M. Elizabeth Crum, and Sara S. Rogers, both of McNair Law Firm, of Columbia; and Mary D. Shahid, of McNair Law Firm, of Charleston, for Plaintiff.

Carlisle Roberts, Jr., of Columbia, for Defendant.

James S. Chandler, Jr., and Amy E. Armstrong, both of South Carolina Environmental Law Project, of Pawleys Island; and Robert Guild, of Columbia, for Intervenor.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Special Counsel Robert D. Cook, and Assistant Attorney General Thomas Parkin C. Hunter, all of Columbia, for Amicus Curiae.

Justice BURNETT.

We accepted this case in our original jurisdiction to determine the application and effect of Act No. 387, 2006 S.C. Acts 387, ("Act 387") to an appeal pending before the South Carolina Board of Health and Environmental Control (Board) on the effective date of Act 387.

FACTUAL/PROCEDURAL BACKGROUND

Chem-Nuclear Systems, LLC, ("Chem-Nuclear") operates a low-level radioactive waste...

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