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PICKENS COUNTY v. SOUTH CAROLINA DHEC

Opinion No. 5707.

429 S.C. 92 (2020)

837 S.E.2d 743

PICKENS COUNTY, Appellant, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL and MRR Pickens, LLC, Respondents.

Court of Appeals of South Carolina.

Filed January 8, 2020.

Rehearing Denied February 14, 2020.

Attorney(s) appearing for the Case

Gary W. Poliakoff , of Poliakoff & Assoc., PA, of Spartanburg, Amy Elizabeth Armstrong , of S.C. Environmental Law Project, of Pawleys Island, and Michael Gary Corley , of S.C. Environmental Law Project, of Greenville, all for Appellant.

Robert Fredrick Goings and Jessica Lee Gooding , of Goings Law Firm, LLC, of Columbia, and Jessica James Orrick King , of Williams Mullen, of Columbia, all for Respondent MRR Pickens, LLC; Etta R. Linen and Karen Christine Ratigan , of Columbia, both for Respondent South Carolina Department of Health and Environmental Control.

Pickens County (the County) appeals an Administrative Law Court (ALC) order dismissing its challenges to an unnoticed permit modification issued to MRR Pickens, LLC (MRR) by the South Carolina Department of Health and Environmental Control (DHEC). The County argues the ALC erred in (1) dismissing the County's challenge to DHEC's permitting...

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