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

I respectfully dissent. Although I agree with the majority decision to affirm the other issues, I would reverse the ALC’s determination that the proposed landfill was consistent with the 1994 Plan, and revoke C & D’s permit for the proposed landfill based on the County Council’s enactment of the emergency ordinance.

The ALC determined the County Council enacted the emergency ordinance in an attempt to affect DHEC’s permitting decision, and therefore, it was impermissible under Southeast Resource Recovery. The ALC also found, under Simpkins v. City of Gaffney, 315 S.C. 26, 431 S.E.2d 592…