Can agencies regulate business licenses?
In 2012 the South Carolina State Department of Health and Environmental Control issued a permit to allow the State Ports Authority to renovate a waterfront warehouse in Charleston. The State Ports Authority filed the permit to add more pilings in the water and turn the warehouse into a cruise ship terminal for passengers. The Ports Authority proposed the $35 million dollar terminal after Carnival Cruise Lines decided to permanently base a passenger cruise liner in Charleston. Opponents to the renovations filed arguments stating the new terminal will increase pollution while decreasing property values and the quality of life in the area.
In early 2014, an Administrative Law Judge upheld the permit on the basis that opponents lacked standing to appeal the original decision. The Administrative Law Judge ruled the opponents, consisting of neighborhood preservation and conservation groups did not state “specific, admissible facts to support their allegations and statements.” The groups appealed the Administrative Law Judge’s Ruling to the state Court of Appeals. Opponents have suggested a different site for the terminal, which is further away from the Historic District. The State Ports Authority said the proposed alternate site is not large enough for a passenger terminal and will be needed to support freight shipments for a proposed business expansion.
In addition to the state suit, the site is also subject to a federal suit based on a permit filed by the Army Corps of Engineers. The Army Corps filed a federal permit in 2013. A judge ruled the Army Corps failed to consider the impact of the terminal on the Historic District. The Army Corps agreed to expand its review to consider the impact of both the pilings in the water and the Historic District.
A business typically has to file for permits when expanding or renovating existing building. The process for filing, investigating, and getting a permit is extensive and involves many different legal considerations. If your business is involved in litigation surrounding a regulatory permit filing or considering the process to expand your facility, contact the experienced business and corporate law attorneys at the Willcox, Buyck & Williams, P.A. The attorneys at Willcox, Buyck & Williams have been in business for over 120 years and have offices in Florence (843) 536-8050 and Myrtle Beach (843) 461-3020.