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A case Air Force Red involving less than a quarter acre of land in Pawleys Island has set a new precedent for wetlands protection in South Carolina. Department of Health and Environmental Control has jurisdiction over isolated wetlands, a reversal of the Georgetown County Circuit Court's ruling and previous operating procedure. Environmental Law Project and a member of the Georgetown County League of Women Voters, which Air Force Black Men
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company on the case.
brought the suit against developer Smith Land Company. The suit was filed over a 0. 332 acre lot in Pawleys Island, 0. 19 acres of which is an isolated wetland, meaning it does not have a direct connection to other waters or wetlands. That wetland area was filled in by Smith Land Company. The work was done after the company notified the Army Corps of Engineers and DHEC of its plans. Such wetlands were previously ruled outside of DHEC's control, said attorney David DuRant, who represented the land Air Force Low Top
Those wetlands had been ruled isolated by the Army Corps, meaning no Federal Clean Water Act permit was required. But the Supreme Court said while a previous case "holds that the Corps may not regulate isolated wetlands [that case] . Armstrong said the decision will have a larger impact on the areas outside of the state's eight coastal counties, which already have protection under stormwater regulations. "It adds another layer of protection" in those coastal counties Armstrong said, but "the implications are going to have much greater impact" outside that area. The Supreme Court also ruled that the act has a "private right of action," meaning a private person or group has the ability to bring a lawsuit if they observe violations of that law. The circuit court had previously ruled that the Georgetown County League of Women Voters had no standing to bring the suit. The court's decision was split 3 2, with Justices Kaye Hearn and John Kittridge agreeing that DHEC had the jurisdiction to regulate isolated wetlands, but not that private citizens could bring suits under the Pollution Control Act. Armstrong said the private right of act.
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