Supreme Court Agrees to Hearing EAGLE Landfill Case
Posted: July 1, 2013
On March 11 the S.C. Supreme Court granted our Petition for Certiorari on behalf of Engaging and Guarding Laurens County’s Environment (“EAGLE”), which means that the Supreme Court has found that there are special and important reasons to consider this landfill case. We initially prevailed when Administrative Law Judge Trip Anderson overturned the DHEC decision to approve the new landfill in Laurens County. DHEC’s approval was based on its conclusion that the proposed landfill is “needed.” Judge Anderson concluded that the existing excess landfill capacity indicated that the proposed new landfill was not needed, but the Court of Appeals, in a one-page opinion, overruled Judge Anderson. We are optimistic that the Supreme Court will give careful and thorough review to this case, particularly in light of the fact that Laurens County has enough existing capacity to meet its needs.
We filed our briefs with the Supreme Court in June and are awaiting a date for oral arguments.