CHARLESTON, S.C. — The Southern Environmental Law Center (SELC) announced Monday that they have filed a lawsuit against the South Carolina Department of Environmental Services, alleging violations of rules under the Surface Water Withdrawal, Permitting, Use, and Reporting Act, which is designed to protect the state’s rivers.
The Surface Water Withdrawal, Permitting, Use, and Reporting Act mandates “safe yield” rules, which ensure that a certain amount of water remains in the rivers at all times to prevent them from being depleted by users. The law is crucial for maintaining the health of the rivers and ensuring they can support wildlife and recreational activities.
Senior Attorney Frank Holleman of SELC stated that the South Carolina Department of Environmental Services (SCDES), formerly known as the Department of Health and Environmental Control (DHEC), has regulations that allow significant water withdrawals by large users, such as industrial-scale agriculture, which threaten to drain the rivers.
“Our legislature put in place a law to guarantee that there will always be a certain amount of water in the river for the health of the river and the benefit of the public,” said Holleman. “Unfortunately, the state environmental agency adopted regulations that violate that law and do not guarantee our rivers have a base level of water in them.”
As of July 1, DHEC was divided into two separate entities: the South Carolina Department of Environmental Services and the South Carolina Department of Public Health. This split was aimed at enhancing focus and effectiveness in managing the state’s environmental and public health responsibilities.
Before filing the lawsuit, the SELC submitted a petition to DHEC in November, requesting compliance with the Surface Water Withdrawal Act. The agency refused, prompting SELC to proceed with the lawsuit. The SELC represents three conservation groups: Friends of the Edisto, American Rivers, and the South Carolina Wildlife Federation, all of which are concerned about maintaining sufficient water levels for wildlife and recreational activities such as kayaking, canoeing, and fishing.
Holleman emphasized the importance of ensuring rivers remain healthy and are not at risk of being drained dry. “What we’re hoping is that the new environmental agency will see the light, obey the law, protect our rivers, and get rid of these illegal regulations,” he said.
A spokesperson for the South Carolina Department of Environmental Services responded to the lawsuit, stating: “We received a copy of the Complaint for Declaratory and Injunctive Relief from the Southern Environmental Law Center today, and it’s currently under review. The agency doesn’t comment on litigation. SCDES remains committed to protecting South Carolina’s water resources and works to do so for the benefit of all South Carolinians.”
Holleman also criticized the agency for spending $20,000 on a new logo and holding a press conference to emphasize the split and its commitment to the environment. “They don’t need a new logo to show this commitment; they just need to obey the law,” he remarked. “This is their first opportunity to show what they are going to do. So, with this filing, we’re going to find out if we got a new agency with a new commitment or just a twenty-thousand-dollar logo.”
The lawsuit by SELC highlights the ongoing struggle to protect South Carolina’s rivers from over-extraction and ensure that environmental laws are enforced. As the case progresses, the actions of the South Carolina Department of Environmental Services will be closely scrutinized to determine if the agency will uphold the legal protections intended to safeguard the state’s water resources.