The South Carolina Environmental Law and Litigation Blog
A Blog about Environmental Law and Litigation (with an Emphasis on South Carolina)
SCENVIRONMENTALLAWYER.COM

Political Football with the Environment (just in time for the Super Bowl)

Two big stories this week about the clash between politics and environmental protection. 

One is a story about Georgia's planned expansion of the Port of Savannah. Because it impacts South Carolina waters, Georgia needed a dredging permit from S.C. The DHEC staff - i.e., the engineers, scientists, and other experts - had recommended denying the permit. Gov Haley asked the DHEC Board - composed entirely of her political appointees - to hear an appeal, and shortly after this request, the permit was granted. A political tempest was raised, and, in a rare show of bi-partisan agreement, the S.C. House, in unanimous vote, passed a resolution to, in essence, rescind the permit. See more details here: SC House approves bill to undo dredging permit

The second story involves the selection of DHEC's new director. DHEC has been without a director since Earl Hunter retired last year. After DHEC completed interviews, Haley apparently requested that the interview process be reopened, and Catherine Templeton, the current director of LLR (whom Haley had hand-picked to lead that agency) applied for and has now received the Board's recommendation for the job (it requires Senate approval). This has engendered no small amount of criticism (see some links below), as Templeton's background is in labor & employment issues, and she admits she has no experience in the environmental field.

http://www.thestate.com/2012/01/25/2127293/dhec-director-needs-some-expertise.html

http://www.fitsnews.com/2012/01/25/haley-warned-regarding-templeton-appointment/

Perhaps this situation, coming so close on the heels of the Port of Savannah issue, has emboldened some to be more vocal in their criticism, but there can really be no dispute that having experience in the environmental field would be helpful in directing the state's "health and environmental" agency. I am a colleague of Ms. Templeton and respect her and her legal abilities. I hope that she is able to find the proper balance necessary at such a crucial agency, and that her decisions are guided by scientific reality, not political expediency.

Environmental Education Resources

I recently came across the site linked below.

Environmental Education in S.C.

It is apparently a chapter of a larger organization offering resources for environmental education:

http://southeastee.org/net/content/default.aspx?s=0.0.0.22

One resource is a series of "Green Teacher" webinars:

"Green Teacher's webinar series gives formal and non-formal educators the opportunity to hear presentations from leaders in the environmental education field. The presentations cover topics ranging from sustainability to best practices for implementing programs and provide a forum for questions and discussion."

A list of of the webinars can be found here: http://eeinsc.org/core/item/page.aspx?s=100354.0.0.37431

They include these upcoming topics:
 
Webinar: Forest Kindergarten - Green Teacher
Tuesday, January 31, 2012, 7:30 PM (EST). Judy Kane will briefly discuss how young children learn, the importance of open-ended fantasy play in childhood development, and how play in nature enhances the benefits of play.
Webinar: Thinking About Change: What Do We Know? What Can We Do? - Green Teacher
February 1, 2012, 7:30 PM (EST). This webinar will attempt to open up some thinking about the nature of change and its relationship to the work we do as environmental educators and communicators.


Teachers and others interested in environmental education should check it out.

Legislative Briefing - Conservation Priorities for 2012

Ever notice how the word "conservation" when used in relation to environmental issues has not been politicized? Both liberals and conservates embrace it. I, for one, am in favor of whatever methods can be employed to bring us all together for the common good.

Conservation Voters of South Carolina

Please join us for a

House Conservation Briefing
"Conserving Communities…naturally"

Hosted by House Majority Leader, Rep. Kenneth Bingham
and House Minority Leader, Rep. Harry Ott


Wednesday, January 25th, 2012
9:00 am – 10:00 am


(Please note that the House Briefing date is on a Wednesday- not Tuesday-
and subject to change due to House Committee schedules.)

Blatt Building, Room 110
1105 Pendleton Street, Columbia, SC


We invite legislators and our conservation friends to join us
for this brief presentation by South Carolina business leaders for the House,
unveiling the 2012 Conservation Common Agenda priorities.
 
RSVPs are not required, but appreciated:
Debbie Parker (803-799-0716 or
debbie@cvsc.org)
 
Remember to contact your state legislator to tell them you plan to attend, and invite them personally.
Click here to find your legislator’s contact information:
http://www.scstatehouse.gov/legislatorssearch.php


2012 Conservation Common Agenda Partners:
American Institute of Architects (AIA/SC), American Rivers, Southeast Region, Audubon South Carolina, Beaufort County Open Land Trust, Catawba Riverkeeper, Charleston Waterkeeper, Coastal Conservation League, Community Open Land Trust, Conestee Foundation, Inc., Congaree Land Trust, Congaree Riverkeeper, Conservation Voters of SC Education Fund, Environmental Education Association of SC, Friends of the Edisto, Friends of the Reedy River, Horry Environmental Action Team (HEAT), Katawba Valley Land Trust, Kitchen Table Climate Study Group, League of Women Voters of SC, Lowcountry Open Land Trust, Palmetto Conservation Foundation, Santee Riverkeeper Alliance, SC Alliance for Retired Americans, SC Environmental Law Project, SC Land Trust Network, SC Native Plant Society, SC Solar Council, SC Trout Unlimited, SC Wildlife Federation, Sierra Club of South Carolina, Solar Business Alliance, Southern Alliance for Clean Energy, Southern Environmental Law Center, Spartanburg Area Conservancy (SPACE), Sustainable Midlands, The Trust for Public Land, Upstate Forever, U.S. Green Building Council - SC Chapter, Wildlife Action, Winyah Rivers Foundation

Conservation Voters of South Carolina
701 Whaley Street, Suite 207
Columbia, SC 29201
www.conservationvotersofsc.org

Suit filed over SCE&G's handling of Coal Ash

The Southern Environmental Law Center has filed suit in federal court alleging that violations of permit requirements & DHEC enforcement have lead to contamination of the Wateree River. The SELC claims that SCE&G's coal ash lagoon has leaked, and continues to leak, arsenic & other heavy metals into the Wateree River, and that DHEC and SCE&G entered into an essentially secret and one-sided agreement 10 years ago that has allowed the contamination to continue. The suit seeks injunctive relief - that is, that SCE&G be required to stop the ongoing contamination and clean up the existing contamination. (There is a link to the Complaint at the website below.)

 SELC - SCE&G Coal Ash Lawsuit Press Release

SC DHEC's Compliance Assistance Conference is Nov. 2

DHEC's Compliance Assitance Program (COMPASS) is holding a conference on Nov. 2. The program is designed to assist companies and individuals with understanding and complying with environmental requirements.

http://www.scdhec.gov/environment/admin/Compass/htm/CompassAnnualConference.htm

COMPASS Home

2011 Environmental Assistance Conference

November 2, 2011

Columbia Conference Center

169 Laurelhurst Ave., Columbia, SC 29210
www.columbiameetings.com
 

Registration is now Open! Registration Fee is $55.00.

EPA Announces Climate Showcase Communities Grant to Aiken

The grant program is an example of investing for long-term gain.


From: U.S. EPA <usaepa@govdelivery.com>
Date: Thu, 14 Apr 2011 15:22:33 -0500 (CDT)
Subject: Air News Release (Region 4): 
 

Aiken, SC Receives $320,000 to Protect Health, Reduce GHG Emissions

Contact Information: Dawn Harris-Young, (404) 562-8421, harris-young.dawn@epa.gov

(ATLANTA – Apr. 14, 2011) – The U.S. Environmental Protection Agency (EPA) announced today that the city of Aiken, SC will receive $320,000 to develop local strategies to reduce harmful greenhouse gas (GHG) emissions and improve people’s health.  The city of Aiken is among 22 communities from across the country, including three Indian tribes, receiving almost $8.3 million in grants. The grants will help communities increase energy efficiency and save consumers money with new practices involving waste management, energy production, and land use management.

To reduce GHG emissions, the city of Aiken is receiving funding to complete “deep” energy retrofits on 10 blighted homes in a low income neighborhood, weatherize additional homes through a green job program, and provide educational materials to the community on energy efficiency.


Grantees estimate that by 2014 the projects will reduce more than 167,000 metric tons of greenhouse gas emissions annually—equivalent to the annual emissions from more than 32,745 passenger vehicles or the energy used by 14,189 homes—and save nearly $13 million per year in energy costs. The projects will also improve people’s health and quality of life by improving indoor and outdoor air quality, increasing walkability, and reducing household energy bills. 

EPA will monitor the progress of grant recipients and will post quarterly updates about each recipient online. An additional $1.7 million is still under review and is expected to be awarded in the next few months to four additional local governments. All grant funding is from the Fiscal Year 2010 federal budget.

The Climate Showcase Communities Grant Program is administered by EPA, providing technical assistance, tools, and guidance to help state, local, and tribal governments implement policies and programs to mitigate climate change.

The 22 communities are showing their commitment to improve local health and reduce GHG emissions by contributing matching funds and committing to share their lessons learned to help other communities replicate successful projects. Communities selected for the Climate Showcase funds were required to show their ability to achieve ongoing GHG reductions as well as to track, measure, and show progress toward their goals. The new grantees join 25 communities that were awarded funding in 2010.

More information on the grants and the grant recipients: 
http://www.epa.gov/statelocalclimate/local/showcase/

 

"Come see the Sites" - N.C. site added to NPL/Superfund List; S.C., N.C. sites added to proposed list

Both South Carolina and North Carolina depend heavily upon tourism dollars, but I don't think these are the "sites"  most tourists have in mind. Full EPA news release below.

FOR IMMEDIATE RELEASE
March 8, 2011

EPA Adds 10 Hazardous Waste Sites to Superfund’s National Priorities List

Fifteen additional sites proposed to be included on the NPL

WASHINGTON -- The U.S. Environmental Protection Agency is adding 10 new hazardous waste sites that risk people’s health and threaten the environment to the National Priorities List of Superfund sites and is proposing to include 15 additional sites. Superfund is the federal program that investigates and cleans up the most complex, uncontrolled or abandoned hazardous waste sites in the country.
 
To date, there have been 1,637 sites listed on the NPL, 347 of which have been deleted, resulting in 1,290 current sites on the NPL.  There are now 66 proposed sites awaiting final agency action: 61 in the general Superfund section and five in the federal facilities section.  There are a total of 1,356 final and proposed sites. 

Harmful contaminants found at the sites include arsenic, asbestos, barium, cadmium, chromium, copper, creosote, dichloroethene (DCE), dioxins, lead, mercury, pentachlorophenol (PCP), polynuclear aromatic hydrcarbons (PAHs), polychlorinated biphenyls (PCBs), tetrachloroethene (PCE), trichloroethane (TCA), trichloroethene (TCE), and zinc.

With all Superfund sites, EPA tries to identify and locate the parties potentially responsible for the contamination. For the newly listed sites without viable potentially responsible parties, EPA will investigate the full extent of the contamination before starting significant cleanup at the site. Therefore, it may be several years before significant cleanup funding is required for these sites.

Sites may be placed on the list through various mechanisms:

  • Numeric ranking established by EPA’s Hazard Ranking System
  • Designation by states or territories of one top-priority site
  • Meeting all three of the following requirements:
    • The Agency for Toxic Substances and Disease Registry (ATSDR) of the U.S. Department of Health and Human Services has issued a health advisory that recommends removing people from the site;
    • EPA determines the site poses a significant threat to public health; and
    • EPA anticipates it will be more cost-effective to use its remedial authority than to use its emergency removal authority to respond to the site.

For Federal Register notices and supporting documents for these final and proposed sites: http://www.epa.gov/superfund/sites/npl/current.htm

The following 10 sites have been added to the National Priorities List:
 
Dwyer Property Ground Water Plume, Elkton, Md.
Washington County Lead District – Furnace Creek, Caledonia, Mo.
ACM Smelter and Refinery, Cascade County, Mont.
Mansfield Trail Dump, Byram Township, N.J.
Dewey Loeffel Landfill, Nassau, N.Y.
Wright Chemical Corporation, Riegelwood, N.C.
Milford Contaminated Aquifer, Milford, Ohio
Cabo Rojo Ground Water Contamination, Cabo Rojo, Puerto Rico
Hormigas Ground Water Plume, Caguas, Puerto Rico
West County Road 112 Ground Water, Midland, Texas

The following 15 sites have been proposed to the National Priorities List:

Blue Ledge Mine, Rogue River – Siskiyou National Forest, Calif.
New Idria Mercury Mine, Idria, Calif.
Sandoval Zinc Company, Sandoval, Ill.
Gary Development Landfill, Gary, Ind.
Sauer Dump, Dundalk, Md.
Kerr-McGee Chemical Corp, Columbus, Miss.
Red Panther Chemical Company, Clarksdale, Miss.
Garfield Ground Water Contamination, Garfield, N.J.
MolyCorp Inc., Questa, N.M. (re-proposal)
New Cassel/Hicksville Ground Water Contamination, New Cassell/Hicksville, N.Y.
CTS of Asheville, Inc., Asheville, N.C.
Astoria Marine Construction Company, Ore.
North Ridge Estates, Klamath Falls, Ore.
US Finishing/Cone Mills, Greenville, S.C.
Alamo Contaminated Ground Water, Alamo, Tenn.

Note: If a link above doesn't work, please copy and paste the URL into a browser.


View all news releases related to Superfund and Brownfields 


Applications for EPA's CARE Grants due by March 22

EPA has a Community Action for a Renewed Environment (CARE) program which can provide significant funding for a community project to address environmental concerns. Schools or other local organizations should explore this opportunity to develop (& fund!) a proposal to address a local environmental issue. See the EPA news release below.

FOR IMMEDIATE RELEASE
January 20, 2011

EPA Seeks Applications for Community-Based Environmental Grants

Grants will help communities address local health and pollution issues

WASHINGTON – The U.S. Environmental Protection Agency is making $2 million available in 2011 to reduce pollution at the local level through the Community Action for a Renewed Environment (CARE) program.  CARE is a community-based program that works with county and local governments, tribes, non-profit organizations and universities to help the public understand and reduce toxic risks from numerous sources to protect people’s health.

EPA will award CARE cooperative agreements in two levels.  Level I awards range from $75,000 to $100,000 and will help establish community-based partnerships to develop local environmental priorities.  Level II awards, ranging from $150,000 to $300,000 each, will support communities that have established broad-based partnerships, identified the priority toxic risks in their communities, and are prepared to measure results, implement risk-reduction activities and become self- sustaining.

In 2010, EPA’s CARE program distributed $2 million throughout 14 communities.  Among the grant recipients, projects included tackling drinking water and stormwater pollution, solid waste, and toxics issues in Cordova, Alaska; addressing air and water pollution sources, municipal solid waste collection and chemical releases in Ashland, Ky.; targeting pest and solid waste issues in New York, N.Y.; tackling air pollution and land use issues in Detroit, Mich.; focusing on threats from lead in paint, mold, and hazardous household products in Gary, Ind.; and addressing air pollution, greenhouse gas emissions, water pollution, and poor waste management in Kansas City, Kan.

Since 2005, 81 communities in 39 states and territories have used CARE grants to help reduce pollution and protect people’s health.  A recent evaluation by the National Association of Public Administrators (NAPA) recognized the CARE program as a solid tested framework for engaging communities and other stakeholders.

Applications for the CARE grants are due March 22, 2011, 4:00 p.m. EST.  EPA will conduct three webcasts to answer questions from prospective applicants about the application process on February 8, February 23, and March 2 from 1:00 p.m. to 3:00 p.m.

More information about the grants and webcasts: http://www.epa.gov/care

 

Seminars on Environmental Issues in Foreclosures (Innocent Owner / Secured Creditor Protection in Real Estate Transactions)

I will be part of a panel presenting a Continuing Legal Education (CLE) seminar in January on Foreclosures in South Carolina. My presentation will be on environmental issues that may arise in the loan-making and foreclosure process. I will address the secured creditor protections in some environmental laws as well as how "innocent owners" of real estate (including financial institutions) can nonetheless be liable for adverse enrvironmental conditions.

The seminars will be held in Greenville, Columbia, and Charleston (same presentation in all three cities). Links with more info are below.

01-11-2011 - Greenville:
http://www.nbi-sems.com/SemTeleDetails.aspx/R-54843ER%7C?NavigationDataSource1=N:303
01-12-2011 - Charleston:
http://www.nbi-sems.com/SemTeleDetails.aspx/R-54843ER%7C?NavigationDataSource1=N:303
01-13-2011 - Columbia:
http://www.nbi-sems.com/SemTeleDetails.aspx/R-54843ER%7C?NavigationDataSource1=N:303


Please contact me if you would like a copy of my materials or have any specific questions.

Conservation Briefings to be held with the SC Legislature in January

Conservation Voters of South Carolina

Please join us for a

Senate Briefing 
"Conversations with Conservationists"
Hosted by Senators John Courson and Phil Leventis
 
Thursday, January 13th, 2011
10:00 am – 11:00 am
Gressette Building, Room 105
1100 Pendleton Street, Columbia, SC



House Conservation Briefing
"Conserving Communities…naturally"
Hosted by House Majority Leader, Rep. Kenneth Bingham
and House Minority Leader, Rep. Harry Ott


Tuesday, January 25th, 2011
10:00 am – 11:00 am
Blatt Building, Room 108
1105 Pendleton Street, Columbia, SC


We invite legislators and our conservation friends to join us
for one or both of these brief presentations by South Carolina business leaders
for the House and Senate,
unveiling the 2011 Conservation Common Agenda priorities.
 
RSVPs are not required, but appreciated:
Debbie Parker (803-799-0716 or
debbie@conservationvotersofsc.org)
 
Remember to contact your legislator to tell them you plan to attend,
and invite them personally. Click here to find your legislator’s contact information:
http://www.scstatehouse.gov/cgi-bin/zipcodesearch.exe