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

Appellant Georgetown County League of Women Voters appealed an order that dismissed its action that sought a declaration that Respondent Smith Land Company had unlawfully filled wetlands and dismissed its request for an injunction requiring Smith to restore those wetlands. Respondent owns a .332 acre lot in Pawleys Island, .19 acres of which are isolated wetlands often referred to as Carolina Bays. Before developing the lot, Respondent notified both the Army Corps of Engineers and the Department of Health and Environmental Control (DHEC) of its plans. While the Corps cautioned respondent to notify DHEC before performing the work and respondent did so, it received no response from DHEC. Respondent then filled the wetlands. The League then filed suit seeking a declaratory judgment and related equitable relief. After a hearing, the circuit court held that DHEC did not have jurisdiction over isolated wetlands, that Respondent complied with all requirements before filling the wetlands, and that the League could not maintain a private suit under the South Carolina Pollution Control Act. Finding that the circuit court erred in holding that: (1) the DHEC lacked jurisdiction to regulate the wetlands; (2) Respondent did not violate the Act; and (3) the Act does not create a private cause of action, the Supreme Court reversed the reversed the case and remanded the case for further proceedings. View "Georgetown County League of Women Voters v. Smith Land Co." on Justia Law