Settlement Reached to Protect Endangered Species
Posted: June 23, 2020
In May, SCELP initiated legal proceedings under the Endangered Species Act ("ESA") by serving the required Notice of Intent on the developer of a Dollar General. Representing a group of local citizens in the Mill Cove community, SCELP claimed that the construction and operation of the Dollar General in a floodplain upstream of a population of the endangered Appalachian Elktoe mussel would harm those animals. SCELP, our clients, and the Dollar General's developer have taken full advantage of the ESA notice period in order to settle the claims via the developer’s agreement to voluntarily plant native vegetation in the remaining floodplain, install additional stormwater improvements, and make significant changes to the store design. We are pleased with this effective and efficient outcome reached through cooperative efforts!