SC Coastal Conservation League v. SCDHECAnnotate this Case
The issue in this case relates to Captain Sam’s Spit on Kiawah Island, South Carolina. Twice before, the Administrative Law Court (ALC), over the objections of the South Carolina Department of Health and Environmental Control (DHEC), granted permits for the construction of an extremely large erosion control device in a critical area. Both times, the South Carolina Supreme Court found the ALC erred. In this third appeal, the Coastal Conservation League raised numerous issues with respect to the approval of another “gargantuan structure” designed to combat the erosive forces carving into the sandy river shoreline, especially along its narrowest point called the "neck," in order to allow a developer to construct a road to facilitate development of fifty houses. DHEC, reversing its prior stance, issued four permits to construct the steel wall, which the ALC upheld. The Supreme Court found the ALC erred in three respects: (1) in accepting DHEC's narrow, formulaic interpretation of whether a permit that indisputably impacts a critical area warrants the more stringent review normally accorded to such structures; (2) in relying on the protection of Beachwalker Park to justify the construction of the entire wall; and (3) in determining the public will benefit from the wall based on purely economic reasons. Accordingly, judgment was reversed.