COASTAL CONSERVATION v. DEPT. OF HEALTH

No. 26892.

390 S.C. 418 (2010)

702 S.E.2d 246

SOUTH CAROLINA COASTAL CONSERVATION LEAGUE, Respondent/Petitioner, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL and South Carolina State Ports Authority, Respondents, Of whom South Carolina Department of Health and Environmental Control is Petitioner/Respondent. and South Carolina Coastal Conservation League, Respondent/Petitioner, v. South Carolina Department of Health and Environmental Control, South Carolina Department of Transportation and South Carolina State Ports Authority, Respondents, Of whom South Carolina Department of Health and Environmental Control, is Petitioner/Respondent.

Supreme Court of South Carolina.

Decided November 15, 2010.


Attorney(s) appearing for the Case

J. Blanding Holman, IV , of Southern Environmental Law Center, and W. Jefferson Leath , of Leath, Bouch & Crawford, both of Charleston, for Respondent/Petitioner.

Davis Arjuna Whitfield-Cargile , of SCDHEC, of Charleston, and Carlisle Roberts, Jr. , of SCDHEC, of Columbia, for Petitioner/Respondent.

Beacham O. Brooker, Jr. , of Columbia, for Respondent, SCDOT.

Mitchell Willoughby and Randolph R. Lowell , both of Willoughby & Hoefer, PA, of Columbia, and Philip L. Lawrence , of Charleston, for Respondent SC State Ports Authority.

Derk Van Raalte, IV , of Law Offices of J. Brady Hair, of Charleston, for Amicus Curiae City of North Charleston. James B. Richardson, Jr. , of Columbia, for Amicus Curiae Charleston Metro Chamber of Commerce. James S. Chandler, Jr. , and Amy E. Armstrong , of Pawleys Island, for Amicus Curiae SC Wildlife, Upstate Forever, Save our Saluda, et al.


Justice KITTREDGE.

The South Carolina States Ports Authority (SPA) and the South Carolina Department of Transportation (DOT) each applied for and received permits from the South Carolina Department of Health and Environmental Control (DHEC) to begin development of a marine container terminal. The South Carolina Coastal Conservation League (the League) sought review of the decision, but the DHEC Board affirmed the DHEC staff decision to issue the permits. The League...

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