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MURPHY v. SOUTH CAROLINA DEPT. OF HEALTH

No. 27099.

396 S.C. 633 (2012)

723 S.E.2d 191

Kim MURPHY, Appellant, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL and District 5 of Lexington and Richland Counties, Respondents.

Supreme Court of South Carolina.

Filed March 7, 2012.

Attorney(s) appearing for the Case

Katie Renee Parham , The Parham Law Firm, of Irmo, and Robert Guild , of Columbia, for Appellant.

M. Elizabeth Crum & Pamela A. Baker of McNair Law Firm, of Columbia, and Stephen P. Hightower and Roger P. Hall , of Columbia, for Respondents.

Amy E. Armstrong and Michael G. Corley , of Pawleys Island, for Amicus Curiae, South Carolina Wildlife Federation.

James B. Richardson, Jr. , of Columbia, for Amicus Curiae, Mining Association of South Carolina.

Justice HEARN:

This case centers on proposed renovations to the overcrowded Chapin High School, which require filling in a portion of a stream on the property. District 5 of Lexington and Richland Counties received a Section 401 water quality certification (WQC) from the Department of Health and Environmental Control (DHEC), authorizing the project and allowing the District to fill the approved portion of the stream. The...

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