Brown v. South Carolina Department of Health & Environmental Control

Justice BURNETT:

This appeal concerns an application for a stormwater permit to construct a motor speedway. We affirm in part and reverse in part and remand this matter to the Administrative Law Judge (ALJ) for the purpose of determining whether a consistency review meeting the requirements of the Coastal Management Program had been conducted.

FACTS

In September 1995, Appellants Mike Brown and Howard Tharpe, principals of Interstate Speedway, and Interstate Speedway, Inc. (collectively referred to as “Speedway”), applied with Respondent Department of Health and Environmental Control’s (DHEC’s)…