Murphy v. South Carolina Department of Health & Environmental Control
396 S.C. 633
| S.C. | 2012Background
- Chapin High School expansion requires filling a portion of an unnamed tributary to Wateree Creek; stream was regulated and required a Section 401 water quality certification (WQC) from DHEC before a Corps 404 permit.
- District 5 reduced proposed fill from 1,501 feet to 727 feet and implemented stormwater controls to minimize impacts.
- Murphy challenged DHEC's WQC decision, arguing Regulation 61-101 limited the vicinity to the 727 feet and that feasible alternatives were not properly considered.
- ALC concluded the vicinity includes surrounding area beyond the immediate fill, and found the project would not impair functions/values; it applied 40 C.F.R. § 230.10(a)(2) (practicableness) to assess feasibility of alternatives.
- DHEC staff assessment supported certification; the Corps issued a 404 permit; Murphy sought review, but the Supreme Court affirmed the ALC and DHEC’s certification.
- The court reaffirmed substantial-evidence review under the Administrative Procedures Act and upheld DHEC’s judgment that no practicable alternatives existed and that DHEC did not abdicate its decision-making authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Interpretation of vicinity in Regulation 61-101 | Murphy: vicinity limited to the 727 feet | DHEC's case-by-case interpretation supported by regulations | ALC proper; vicinity includes surrounding area beyond fill. |
| Feasible alternatives and 404(b)(1) Guidelines | Strickland showed feasible alternatives; ALC erred | No feasible alternatives; practicableness standard applied | Substantial evidence supports no feasible alternatives; ALC correct. |
| Delegation of authority to District 5 | DHEC delegated decision-making to District | DHEC actively reviewed and requested information; did not delegate | DHEC did not improperly delegate its authority. |
Key Cases Cited
- MRI at Belfair, LLC v. S.C. Dept. of Health & Envtl. Control, 379 S.C. 1 (2008) (substantial-evidence standard of review for agency decisions)
- Branch v. City of Myrtle Beach, 340 S.C. 405 (2000) (definition of regulatory terms and deference to agency interpretations)
- Converse Power Corp. v. S.C. Dept. of Health & Envtl. Control, 350 S.C. 39 (Ct.App.2002) (statutory/regulatory interpretation guidelines for agency actions)
- Brown v. Bi-Lo, Inc., 354 S.C. 436 (2003) (deference to agency decisions and rationale for reviewing agency actions)