York County v. South Carolina Department of Health & Environmental Control

The South Carolina Department of Health and Environmental Control (DHEC) issued C & D Management Company a permit for a construction, demolition, and land-clearing debris landfill in York County. The County challenged that decision before the Administrative Law Court (ALC), which ruled in favor of C & D Management. The County appeals the ALC’s judgment, arguing DHEC impermissibly ignored a County ordinance purporting to impose a moratorium on the construction of any new landfills. We affirm.

I. Facts and Procedural History

The South Carolina Solid Waste Policy and Management Act provides that…