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PICKENS CTY. v. DEP'T OF HEALTH

Opinion No. 28073.

435 S.C. 99 (2021)

866 S.E.2d 537

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

Supreme Court of South Carolina.

Filed December 8, 2021.

Attorney(s) appearing for the Case

Chad N. Johnston , of Willoughby & Hoefer, PA, of Columbia; R. Walker Humphrey II , of Willoughby & Hoefer, PA, of Charleston; Robert F. Goings and Jessica L. Gooding , both of Goings Law Firm, LLC, of Columbia; Jessica J.O. King , of Williams Mullen, of Columbia; Etta R. Linen and Karen C. Ratigan , both of South Carolina Department of Health and Environmental Control, of Columbia, for Petitioners.

Gary W. Poliakoff , of Poliakoff & Assoc., PA, of Spartanburg; Amy E. Armstrong , of South Carolina Environmental Law Project, of Pawleys Island; and Michael G. Corley , of South Carolina Environmental Law Project, of Greenville, for Respondent.

Pickens County sought a contested case hearing in the administrative law court (ALC) to challenge a landfill permit modification issued to MRR Pickens, LLC (MRR) by the South Carolina Department of Health and Environmental Control (DHEC). The ALC dismissed the County's challenge, finding the County failed to timely request DHEC to...

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