South Carolina Wildlife Federation v. South Carolina Coastal Council

Gregory, Chief Justice:

Appellants commenced this action to contest the validity of a certification by respondent Coastal Council for a residential development project proposed by respondent Litchfield-By-The-Sea. The circuit court found the certification valid. We reverse.

Litchfield’s project involves dredging a canal through freshwater wetlands in order to create waterfront residential lots and provide access to the Waccamaw River. As provided by S. C. Code Ann. § 48-39-80 (1987), the Coastal Council must first certify that such a project does not contravene its Coastal Management Program…