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A Blog about Environmental Law and Litigation (with an Emphasis on South Carolina)
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April Showers Bring May Flowers; May Showers Bring Closed Shellfish Beds

On May 10th, DHEC closed some Beaufort County clam and oyster harvesting areas until water quality sampling indicates bacteria levels are suitable for shellfish harvesting. [ http://www.islandpacket.com/2012/05/10/2065246/dhec-closes-some-beaufort-county.html ] Becuase these harvesting beds were conditionally approved, they were temporarily closed due to receipt of moderate rain and/or excessive river flow. Conditionally approved is a classification given to areas that meet all the criteria of an approved area except under certain predictable circumstances. These areas will be closed for a minimum of 14 days to allow for sampling of fecal coliform bacteria levels in the water. The current South Carolina standard, found in regulation 61-68: Water Classification Standards, for fecal coliform bacteria in freshwater is “not to exceed a geometric mean of 200/100 ml, based on five consecutive samples during any 30 day period; nor shall more than 10% of the total samples during any 30 day period exceed 400/100ml.”

More information about closure procedures and standards can be found at http://www.scdhec.gov/environment/water/sfclose.htm.

However, if you cannot wait for fresh South Carolina clams or oysters until the Beaufort County areas open up again, refer to the map showing all of South Carolina’s shellfish growing areas available at http://www.scdhec.gov/environment/water/sfmaps.htm.
Posted by Roy Shelley at 5/15/2012 10:46 AM | Add Comment

SC Lawmakers Propose Eliminating Environmental Lawsuits

Bill to eliminate environmental lawsuits being considered by SC Senate 


Last fall, the S.C. Supreme Court held that private citizens have the right to sue to enforce South Carolina’s Pollution Control Act (SCPCA), a primary component of the state’s environmental laws. Usually, such enforcement had been DHEC’s exclusive power; however, in the Smith Land Company case, the Court found that the SCPCA gives private citizens the right to file “citizen suits” as an enforcement tool.

South Carolina lawmakers are considering a bill that would eliminate this right.  (The proposed law would not affect citizen’s suits provisions of Federal environmental laws, as S.C. lawmakers cannot change Federal law.) The argument in favor of limiting the power of citizens to enforce environmental protection is that such suits are frivolous and harm economic development. The evidence for such is anecdotal at best.

It is easy to be suspicious of the “frivolous litigation” argument.  S.C. already has a specific law which imposes harsh penalties for frivolous lawsuits.  -see http://www.scstatehouse.gov/code/t15c036.php 

There is no need to permanently block potentially meritorious suits simply because someone may file a frivolous one. This is akin to eliminating criminal prosecutions because an innocent person has been convicted.

If the real goal is to eliminate frivolous litigation, S.C. can (and should) easily institute procedures for the early assessment of such claims & allow frivolous claims to be dismissed before incurring substantial litigation costs or delays. One such procedure is the use of “Lone Pine” orders  - see here for a discussion http://www.louisianalawblog.com/class-action-the-lone-pine-order-as-a-case-management-tool-for-complex-litigation.html 

These orders (which SC courts can impose) require that a Plaintiff making an allegation involving complex issues (such as contamination or toxic tort injuries) first produce sufficient evidence that the claim is meritorious – such as medical records, testing reports, or expert affidavits - before a defendant is required to engage in potentially costly discovery.  S.C. lawmakers who truly care about protecting both the economy and the environment will advocate for the use of these already existing tools, rather than further restricting the rights of private citizens.
Posted by Roy Shelley at 5/14/2012 11:43 AM | Add Comment

Put Some "Green" in Your Pocket - Grants for Eco Entrepreneurs

Cherokee Investment Partners of North Carolina specializes in funding environmental business ventures. They are offering three "seed" grants of $20,000 plus logistical support for new ideas "to develop high impact environmental business ventures." The deadline to apply is April 15th. Please click on the link below for more information.

http://ecopreneurist.com/2012/04/04/cherokee-challenge-seed-funding/

Posted by Roy Shelley at 4/4/2012 6:26 PM | Add Comment

Duke Professor to Present Lecture on Environmental Law at USC School of Law on Friday (3/30/12)

As part of its Faculty Colloqium series, the USC School of Law is offering a free "lunch & learn" presentation on Environmental Law by Jim Salzman, a professor at the Duke School of Law. (http://www.law.duke.edu/fac/salzman/)

The presentation will be this Friday (March 30th), with lunch beginning at 12:30, and the discussion to begin soon thereafter.

For more information & to register, please contact:

Beth P. Hendrix, Professional Meeting Planner

Events Manager

USC School of Law Events Office

701 South Main St., Ste. 202

Columbia, SC 29208

Office Phone and fax: 803-777-8058

Cell: 803-394-9017

Alternate fax: 803-777-5827

Email: bethu@law.sc.edu

 


USC School of Law Spring Faculty Colloquium Series: Environmental law March 30
Posted by Roy Shelley at 3/28/2012 9:37 AM | Add Comment

Southeast Environmental Education Alliance Conference to be held Sept. 14-15 in Kentucky

The Southeast Environmental Education Alliance (SEEA) conference will be held on Sept 14-15, 2012, at the Lake Cumberland State Resort Park in Kentucky. The SEEA is a non-advocacy group of environmental educators. The Assocation is calling for proposals for the conference to be submitted before April 15.

Click here for more information:
http://eeinsc.org/net/calendar/details.aspx?s=95145.0.0.37431
Posted by Roy Shelley at 3/19/2012 1:38 PM | Add Comment

Dept of Forestry offering Free Enviro Seminar to SC Teachers in June

 

SC Teachers: Free Environmental Education Opportunity Through the SC Dept of Forestry

·

COURSE DESCRIPTION: 

Spend seven days touring and learning about and the forests of South Carolina, examining sustainable forestry practices and the forest industry. This outdoor environmental education course is designed to provide an unbiased look into the impact forests have on our state’s environment, economy, and quality of life. Key topics include forest management; emphasizing sustainable forestry, ecosystem management and bio-diversity; wildlife conservation, including endangered species protection; forest product production, including harvesting and processing into products, and the contributions of the forest industry on S.C.’s economy. Classes include tours of private and public forestlands, lumber, paper and other wood product mills, along with cultural events highlighting the history of South Carolina’s land use. Participants will receive resource materials to use in their classrooms along with environmental education training. Course also includes 3 days of training in Environmental Education, teaching how to use the environment and forests to teach the Curriculum Standards in science, social studies, language arts and math. (3-hour, non-degree graduate credit available for fee. You may also be able to get 45 CRE credits under Category 6 from your district.)

WHEN AND WHERE: 

The 3-day Advanced EE workshop is Wednesday, June 18th through 21st at Harbison State Forest in Columbia.  The 4-day Tour is Monday, June 25th through Thursday, 28th, 2012 in Columbia, exploring the Midlands region of Richland, Newberry, Kershaw and surrounding counties.

MORE INFORMATION:
Interested educators must complete an application and submit it by the deadline of April 15, 2012.

http://www.state.sc.us/forest/tourapp.htm
Posted by Roy Shelley at 2/17/2012 7:13 PM | Add Comment

Clean Energy & Jobs Forum - Thurs 2/23 in Columbia

The event is FREE, but you must register to attend. (See link below)

Clean Energy

Join us the afternoon of Feb. 23 as panels featuring experts on energy policy, energy research and economic development explore the inherent connection between clean energy and jobs. Special guests include Columbia Mayor Steve Benjamin and U.S. Congressman Jim Clyburn.

Keynote Panel:

Jim Rodgers, Chairman, President and CEO, Duke Energy
David Seaton, CEO, Fluor
Glenn Prickett, Chief External Affairs Officer, The Nature Conservancy

Moderator:

Charles Bierbauer,
Dean, College of Mass Communications and Information Studies, University of South Carolina

Hosted by:

For a detailed agenda and complimentary registration, visit http://sccleanenergyandjobs.eventbtite.com
Posted by Roy Shelley at 2/2/2012 6:31 PM | Add Comment

Meth-Contaminated Houses - Identifying, Cleaning Up, & Possible Liability

Methamphetamine is not only a criminal issue, it is a potential liability issue for inspectors, contractors, real estate professionals and others involved in real estate transactions. Meth labs are easy to set up and therefore can be found in any type of neighborhood. "Making or even smoking meth leaves behind a stew of chemicals that saturates walls, ceilings, floors and carpets with meth as well as mercury, lead, iodine, lithium and poisonous solvents. For each pound of drug, meth “cookers” dump, flush or leave behind 5 to 6 pounds of poisonous waste. Exposure to even small amounts of these poisons can damage humans’ nervous systems, liver and blood production mechanisms. Small children suffer most. Exposure can trigger birth defects and developmental problems in babies in the womb." http://realestate.msn.com/article.aspx?cp-documentid=23154768 

The first issue, of course, is identifying a potentially meth-contaminated house. The DEA maintains a database of meth labs at this link: http://www.justice.gov/dea/seizures/  There are over 700 addresses listed in North Carolina, and about 300 listed in SC. (But only one in Richland County, which seems odd.)

A checklist of common signs of meth manufacturing can be found here, and includes:
  • Unusual, strong odors (similar to cat urine, ether, ammonia, acetone or other chemicals)
  • Windows blacked out
  • Dark red phosphorous stains in the sinks, toilets and/or bathtubs, or red staining on the interior walls, counter tops and flooring
  • Signs of chemical burns and spills on the counter tops and flooring
  • Visible areas in the yard where chemicals have been dumped
  • Dead or dying vegetation
  • Burn pits outside with chemical container remains
  • Packaging or containers from cold medicines
  • Coffee filters unused and used with red stains in them

Other lists of warning signs can be found here and tips on investigating the history of a house can be found here.

Tips for decontaminating a meth house can be found in the ASHRI article linked here.
Posted by Roy Shelley at 2/1/2012 5:47 PM | Add Comment

Political Football with the Environment (just in time for the Super Bowl)

Two big stories this week about the clash between politics and environmental protection. 

One is a story about Georgia's planned expansion of the Port of Savannah. Because it impacts South Carolina waters, Georgia needed a dredging permit from S.C. The DHEC staff - i.e., the engineers, scientists, and other experts - had recommended denying the permit. Gov Haley asked the DHEC Board - composed entirely of her political appointees - to hear an appeal, and shortly after this request, the permit was granted. A political tempest was raised, and, in a rare show of bi-partisan agreement, the S.C. House, in unanimous vote, passed a resolution to, in essence, rescind the permit. See more details here: SC House approves bill to undo dredging permit

The second story involves the selection of DHEC's new director. DHEC has been without a director since Earl Hunter retired last year. After DHEC completed interviews, Haley apparently requested that the interview process be reopened, and Catherine Templeton, the current director of LLR (whom Haley had hand-picked to lead that agency) applied for and has now received the Board's recommendation for the job (it requires Senate approval). This has engendered no small amount of criticism (see some links below), as Templeton's background is in labor & employment issues, and she admits she has no experience in the environmental field.

http://www.thestate.com/2012/01/25/2127293/dhec-director-needs-some-expertise.html

http://www.fitsnews.com/2012/01/25/haley-warned-regarding-templeton-appointment/

Perhaps this situation, coming so close on the heels of the Port of Savannah issue, has emboldened some to be more vocal in their criticism, but there can really be no dispute that having experience in the environmental field would be helpful in directing the state's "health and environmental" agency. I am a colleague of Ms. Templeton and respect her and her legal abilities. I hope that she is able to find the proper balance necessary at such a crucial agency, and that her decisions are guided by scientific reality, not political expediency.
Posted by Roy Shelley at 1/27/2012 5:32 PM | Add Comment

Environmental Education Resources

I recently came across the site linked below.

Environmental Education in S.C.

It is apparently a chapter of a larger organization offering resources for environmental education:

http://southeastee.org/net/content/default.aspx?s=0.0.0.22

One resource is a series of "Green Teacher" webinars:

"Green Teacher's webinar series gives formal and non-formal educators the opportunity to hear presentations from leaders in the environmental education field. The presentations cover topics ranging from sustainability to best practices for implementing programs and provide a forum for questions and discussion."

A list of of the webinars can be found here: http://eeinsc.org/core/item/page.aspx?s=100354.0.0.37431

They include these upcoming topics:
 
Webinar: Forest Kindergarten - Green Teacher
Tuesday, January 31, 2012, 7:30 PM (EST). Judy Kane will briefly discuss how young children learn, the importance of open-ended fantasy play in childhood development, and how play in nature enhances the benefits of play.
Webinar: Thinking About Change: What Do We Know? What Can We Do? - Green Teacher
February 1, 2012, 7:30 PM (EST). This webinar will attempt to open up some thinking about the nature of change and its relationship to the work we do as environmental educators and communicators.


Teachers and others interested in environmental education should check it out.
Posted by Roy Shelley at 1/24/2012 12:47 PM | Add Comment
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