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JOWERS v. SOUTH CAROLINA DEPT. OF HEALTH

Opinion No. 27725.

423 S.C. 343 (2018)

815 S.E.2d 446

James Jefferson JOWERS Sr., Andrew J. Anastos, Ben Williamson, Melanie Ruhlman, and Anthony Ruhlman, Appellants, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, Respondent.

Supreme Court of South Carolina.

Refiled May 30, 2018.

Attorney(s) appearing for the Case

Amy E. Armstrong , Amelia A. Thompson , and Jessie A. White , all of South Carolina Environmental Law Project, of Pawleys Island, for Appellants.

Attorney General Alan McCrory Wilson , Solicitor General Robert D. Cook , Deputy Solicitor General J. Emory Smith Jr. , Senior Assistant Attorney General T. Parkin C. Hunter , Assistant General Counsel Michael S. Traynham , all of Columbia and Lisa A. Reynolds , of Anderson, Reynolds & Stephens, LLC, of Charleston, for Respondent.

M. McMullen Taylor , of Mullen Taylor, LLC, of Columbia and John D. Echeverria , of Vermont School of Law, South Royalton, Vermont, for Amicus Curiae, Congaree Riverkeeper, Inc.

This is a challenge to the registration provisions in the Surface Water Withdrawal Act. The plaintiffs claim those provisions are an unconstitutional taking, a violation of due process, and a violation of the public trust doctrine. The circuit court granted summary judgment against the plaintiffs on the grounds the case does not present...

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