Responsible Economic Development v. South Carolina Department of Health & Environmental Control

Justice BURNETT:

This appeal concerns the issuance of a stormwater management and sediment control permit (stormwater permit) to Respondent Wal-Mart Stores East, LP (Wal-Mart). We certified this case for review from the Court of Appeals pursuant to Rule 204(b), SCACR, and affirm as modified the circuit court’s decision to uphold the issuance of the stormwater permit.

FACTUAL/PROCEDURAL BACKGROUND

In 2008, Wal-Mart applied for a stormwater permit in connection with a proposed development in Florence, South Carolina. Wal-Mart’s proposed development includes the construction of a Wal-Mart…