March 2012
Delegation of authority
DHEC’s acceptance of conclusions and opinions of engineers does not indicate a delegation of authority to the party providing those conclusions and opinions.
Murphy v. SCDHEC, No. 27099 (S.C. Sup. Ct., Mar. 7, 2012) (Shearouse Adv. Sh. No. 9).
Statutory interpretation
The meaning of “vicinity” as used in Regulation 61-101 is the project and the surrounding area, with deference given to DHEC’s interpretation for each case.
Murphy v. SCDHEC, No. 27099 (S.C. Sup. Ct., Mar. 7, 2012) (Shearouse Adv. Sh. No. 9).
Statutory interpretation
The term “feasible” as used in Regulation 61-101 is synonymous with “practicableness” and interpreted using the meaning in 40 C.F.R. Section 230 as "available and capable of being done after taking into consideration cost, existing technology and logistics in light of the overall project purpose.” However, the entire practicable alternatives analysis in 40 C.F.R. Section 230 is not also adopted to apply to the term.
Murphy v. SCDHEC, No. 27099 (S.C. Sup. Ct., Mar. 7, 2012) (Shearouse Adv. Sh. No. 9).