CHARLESTON, S.C. — On October 9, the South Carolina Supreme Court affirmed the Administrative Law Court’s decision on Gadsden Creek and its wetlands, giving the WestEdge Foundation a pathway to proceed with destroying and paving over Gadsden Creek to make way for more commercial development in the area. The decision follows oral argument, which was held on June 19, 2024 for Friends of Gadsden Creek’s appeal of an Administrative Law Court ruling that upheld a critical area permit and certifications issued by the Department of Health and Environmental Control, now the Department of Environmental Services, in July of 2021.

“As we said in 2022 in response to the court ruling then, the fight is far from over. Our dedication to stopping the WestEdge development has not wavered,” said representatives from Friends of Gadsden Creek. “We will continue to hold the City of Charleston accountable by demanding the restoration and revitalization of Gadsden Creek, and reparations for Gadsden Green.”

“We are disappointed by today’s ruling and we are surprised the Court did not choose to address the many issues we raised on appeal. The only small positive to take from the Order is that the Court was clear that the ruling does not have any precedential value so it cannot be used to justify the destruction of additional public trust resources throughout South Carolina.” said Ben Cunningham, attorney for Friends of Gadsden Creek.  

If it moves forward as planned, the WestEdge project threatens the only tidelands that remain for a longstanding African American community that once used the surrounding marshes for a variety of purposes, including baptisms, and also raises concerns about the continued existence of the community itself. The project would follow a long history of abuse, exploitation and neglect of Gadsden Creek and the Gadsden Green community by the City of Charleston.

In the 1940s, the City seized property from Black homeowners as part of a “slum clearance project” in order to create a racially segregated public housing complex known as Gadsden Green. Later, it created a dump on the doorstep of those who remained and then failed to keep all the trash underground as it was required to do. And while the Spring-Fishburne project may, one day, bring some flooding relief to the Westside, it was not intended to address flooding in this particular area.

“The hearings confirmed that WestEdge so desperately holds onto their plan and seems unwilling to consider any alternative that does not include filling the creek,” said Friends of Gadsden Creek. “To this, we’ve been organizing alongside Gadsden Green residents for years, generating Demands and a Counter-Proposal that offer alternative paths forward, and urging the city to find alternative financing and development plans that can avoid repeating the mistakes of the past.”

It is important to highlight that even though the ruling allows WestEdge to move forward with the project, it does not require WestEdge or its supported organizations, the City of Charleston and the MUSC Foundation, to continue with the current plan.  They can still choose to alter the plan and instead pursue a design that does not result in the total elimination of Gadsden Creek and its wetlands. FOGC and others have proposed the use of tide gates or berms and the re-naturalization of the creek to alleviate flooding and to remediate any issues with the landfill. Addressing the deterioration of sections of Hagood Avenue, which has continued to subside over the years, could also provide a way to provide some flooding protection.

SCELP and Friends of Gadsden Creek want to thank everyone who has continued to stand on the right side of history by opposing this development. Please follow Friends of Gadsden Creek on Instagram to keep up-to-date on ways to support their campaign:instagram.com/friendsofgadsdencreek

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MEDIA CONTACTS

Ben Cunningham, Esquire
South Carolina Environmental Law Project
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ben@scelp.org, (843) 527-0078

Seb Choe, Organizer
Friends of Gadsden Creek
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friendsofgadsdencreek@gmail.com, (425) 373-6350

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The South Carolina Environmental Law Project is a nonprofit public interest law firm. We use our legal expertise to protect land, water and communities across South Carolina. Learn more at www.scelp.org.

Friends of Gadsden Creek is a grassroots, community-led nonprofit opposing the destruction of Gadsden Creek, and the continued patterns of injustice inflicted upon the Gadsden Green community. Learn more at www.friendsofgadsdencreek.com.

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