The SC DOT proposes to widen causeways and construct new bridges for US Highway 601 within the approved boundaries of the Congaree National Park. The project would fill wetlands that are part of a renowned ecosystem. DHEC issued a navigable waters permit and a water quality certification, with a number of special conditions. DOT appealed the special conditions and we appealed the permit and certifications. The Federal Highway Administration approved a Finding of No Significant Impact based on a limited Environmental Assessment and did not require a full Environmental Impact Statement. We filed suit in Federal District Court in Columbia to challenge the FONSI and lack of an EIS.
The state appeal was heard by Administrative Law Judge Ralph King Anderson, III, on October 16-18, 2007. Judge Anderson issued an order ruling that DHEC had not met regulatory time limits for making its decision and therefore lost the right to impose special conditions on the permit. He also ruled that the DHEC conditions were inappropriate. After careful review, we dismissed our appeal of Judge Anderson’s ruling. The federal case was heard on cross motions for summary judgment by Federal Judge Margaret Seymour. Judge Seymour issued her order dated September 29, 2008, ruling that the EA was inadequate and stopping work on the project until new appropriate environmental studies are completed. Judge Seymour later denied FHWA’s motion for clarification. FHWA appealed to the Fourth Circuit Court of Appeals, but has now dismissed its appeal. After the dismissal, we filed a Motion for attorneys fees and costs on September 14, 2009. FHWA has until October 14, 2009 to file an opposition to our motion, but we have been in discussions with FHWA about settling the fee and costs issue.
Clients: Friends of Congaree Swamp, South Carolina Wildlife Federation and Audubon South Carolina
Other parties: DHEC, SC Department of Transportation, Federal Highway Administration
Attorneys: Stephen Hightower for DHEC, Linda McDonald for DOT (former atty: Deb Durden), US Dept of Justice for FHWA