South Carolina Environmental Law Project

Lawyers for the Wild Side of South Carolina

Automatic Stay Attacks Threaten Your Due Process Rights
Posted: March 1, 2017

The legislative session in Columbia is coming out brutally against citizens' rights to protect their environment and challenge government decisions. Bills in the SC Senate (S.105) and House (H.3565) seek to cripple the modest protection offered to citizens through a procedure known as the automatic stay offered to citizens through a procedure known as the automatic stay.

South Carolina has traditionally been very protective of individuals' rights to check against government decisions.The automatic stay is one such protection, which keeps an applicant from acting under a permit or certification before it becomes final, while it is still pending in the administrative law court. SCELP does not usually get involved in these types of matters, but the automatic stay is a mechanism that is essential for the work that we do. Many of our cases involve permits or certifications, and if the construction requested in those permits can be completed before review in the ALC, then the case would become moot.

This is not just speculation, it has happened to us before. These bills are moving quickly through subcommittees, and expected to be voted on very soon.

Breaking News

The Senate rushed through and approved amended version of Bill S.105