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Case Name: Bay Light, LLC v. DES, with SCELP intervening on behalf of Coastal Conservation League
Location: ACE Basin, western Charleston County near Meggett
Venue: South Carolina Administrative Law Court
Issue: Appeal of DES's denial of a permit for a private vehicular bridge serving a proposed development within the ACE Basin
This case concerns a proposed private vehicular bridge to a marsh island in the ACE Basin. The South Carolina Department of Environmental Services (DES) denied the permit, concluding that the bridge would conflict with protections for this highly sensitive estuarine system.
The applicant, who intends to develop the island that the bridge would serve, appealed that denial to the Administrative Law Court (ALC). SCELP then intervened on behalf of the Coastal Conservation League (CCL) to help defend DES's decision and protect the public interests tied to the ACE Basin.
Following a two-day evidentiary hearing in December 2025, the Administrative Law Court issued a final order on April 30, 2026, remanding the case to DES to process the permit application without the heightened standards that apply to areas of special resource value. The Court found that the boundaries of the ACE Basin Taskforce Boundary Area were not sufficiently established to determine whether the property falls within that protected Area – a conclusion SCELP disputes.
SCELP filed a motion to reconsider on May 12, 2026. When that motion was denied, SCELP filed a formal appeal on July 15, 2026, and is seeking a stay of Judge Anderson's order to prevent DES from processing the permit application while the appeal proceeds. The ACE Basin's protections exist precisely to prevent outcomes like this one. SCELP will continue pursuing every available legal avenue to ensure they hold.
The ACE Basin – named for the Ashepoo, Combahee and Edisto Rivers – encompasses approximately 1.6 million acres of largely undeveloped wetlands, tidal marshes, forests and barrier islands. It is one of the largest intact estuarine ecosystems on the Atlantic Coast.
These lands and waters:
Because of these special resource values, permits for new vehicular bridges to coastal islands in the ACE Basin Task Force boundary are subject to strict environmental review. They must demonstrate that they will serve an overriding public interest and not harm wetlands, water quality, habitat or other protected public resources.
This case tests whether those protective standards will be upheld when private development pressure conflicts with long-standing coastal and estuarine safeguards.
September 7, 2023 – Permit Denied by DES
DES denies the permit for a private vehicular bridge.
September 20, 2023 – Appeal Filed
The applicant initiates an administrative appeal.
January 3, 2024 – SCELP Intervenes
SCELP intervenes on behalf of the CCL to defend the agency's denial and protect member interests.
November 11, 2024 – Summary Judgment Motion Denied
The applicant files a motion for summary judgment. Judge Anderson denies the motion, allowing the case to proceed toward a full hearing.
December 9 & 10, 2025 – Hearing Held
The ALC conducts an evidentiary hearing. SCELP presents expert witness testimony on environmental and resource impacts. The parties now await transcripts and will submit proposed orders within the Court's briefing window.
April 30, 2026 – Final Order Issued
Judge Anderson issues a final order remanding the case to DES to process Bay Light LLC's permit application without the heightened standards applicable to areas of special resource value, which include the ACE Basin Taskforce Boundary Area. The Court concludes that DES failed to produce clear enough evidence to establish where the ACE Basin Taskforce Boundary Area actually begins and ends. Therefore, the Court found it could not reliably determine whether the property falls within it.
May 12, 2026 – Motion to Reconsider Filed
SCELP, on behalf of CCL, files a motion asking the Court to reconsider its April 30 ruling.
July 15, 2026 — Appeal Filed
SCELP, on behalf of CCL, files a formal appeal of Judge Anderson's April 30 ruling after the motion to reconsider was denied.
July 23, 2026 – Stay Requested
SCELP files a request for a stay – known as a supersedeas – of Judge Anderson's order, asking the Court to halt DES's review of the permit application while the appeal is pending. Without a stay, DES must continue processing the application and potentially issue a permit before the appeal is resolved.
