Ballenger v. South Carolina Department of Health & Environmental Control

ORDER GRANTING PETITION FOR REHEARING AND SUBSTITUTING OPINION

The court grants the respondents’ Petition for Rehearing in this case. It is hereby ordered that Opinion No. 2767 be withdrawn and the following opinion be substituted.

HEARN, Judge:

Nine individual plaintiffs and Citizens Local Environmental Action Network, Inc. (CLEAN) brought this action contesting the South Carolina Department of Health and Environmental Control’s (DHEC) issuance of a permit to Waste Management of South Carolina, Inc. (WMSC) for expansion of an existing landfill. We affirm in part, reverse in part, and remand.

FACT…