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South Carolina

Sierra Club v. South Carolina Department of Health and Environmental Control

The South Carolina Supreme Court held that the operator of a low-level radioactive waste disposal facility failed to comply with state groundwater protection regulations and must therefore submit a written plan for compliance or face...

Engaging & Guarding Laurens County's Environment v. South Carolina Department of Health & Environmental Control

The Supreme Court of South Carolina reinstated an administrative law court (ALC) decision that reversed and denied a state agency's issuance of a permit for a construction and demolition landfill. The ALC denied the permit based on its...

Savannah Riverkeeper v. South Carolina Department of Health and Environmental Control

South Carolina's highest court held that the state's environmental agency violated state law when it negotiated an agreement with the U.S. Army Corps of Engineers and the Georgia Ports Authority before issuing a CWA §401 water quality...

Sandlands C&D v. County of Horry

The Supreme Court of South Carolina held that the South Carolina Solid Waste Policy and Management Act (SWPMA) does not preempt a county ordinance requiring solid waste generated within the county to be deposited at a county or...

Georgetown County League of Women Voters v. Smith Land Co.

The South Carolina Supreme Court reversed a lower court decision dismissing a group's declaratory judgment action against a developer for filling isolated wetlands on its property without a permit. The lower court, relying on the U.S...

Spectre v. South Carolina Dep't of Health & Envtl. Control

The South Carolina Supreme Court reversed an administrative law court (ALC) decision to find that the South Carolina Department of Health and Environmental Control (DHEC) properly exercised its authority under the CZMA in denying a...

Spartan Petroleum Co. v. Federated Mut. Ins. Co.

The court holds that under South Carolina law, an insurer must indemnify its insured for gasoline damage caused to a third-party claimant's property if the insured's third-party liability policy was still in effect when the underground...

Dilmar Oil Co. v. Federated Mut. Ins. Co.

The court rejects a petroleum company's breach of contract and liability claims against its insurer. The insurance policy required the company to secure money from a state-administered fund to finance the cleanup of contamination from...

Environmental Technology Council v. Sierra Club

The court holds that South Carolina laws that limit the amount of out-of-state waste that may be disposed of in South Carolina violate the Commerce Clause of the U.S. Constitution. One statute requires South Carolina hazardous-waste...

South Carolina ex rel. Campbell v. O'Leary

The court holds that the U.S. Department of Energy (DOE) did not violate the National Environmental Policy Act (NEPA) when it decided to import 409 spent nuclear fuel rods for storage at the Savannah River site in South Carolina without...