International Drive clears another court hurdle

A state judge is standing by his ruling that allows construction of International Drive to move forward, siding against environmental groups seeking to block the project.

Chief Judge Ralph Anderson of the Administrative Law Court on Tuesday granted a motion by environmentalists to reconsider his order issued earlier this month in favor of the road, but stood by his ruling that water quality and wetlands would not be harmed by construction.

The Coastal Conservation League and S.C. Wildlife Federation are challenging the proposed road project through the judicial system.

Lawyers for the groups argued during February court hearings in Columbia that the road threatens the bear population of the nearby Lewis Ocean Bay Heritage Preserve, and the water quality of surrounding wetlands.

Nancy Cave, spokeswoman for the league, could not be reached for comment on the ruling late Tuesday. The next step would be for construction to move forward, however environmentalists have 30 days to challenge Judge Anderson’s decision to the state court of appeals.

Mike Wooten, chairman of the South Carolina Department of Transportation Commission, said Anderson’s decision was “spot on,” but acknowledged the project could be further delayed through the court appeal.

“It’s the legal process that we have to go through, and when we win on a court of appeals level, they will have the right by law to appeal to the state Supreme Court,” Wooten said. “That’s just the way the law works.”

Specifically, environmentalists asked judge Anderson to reconsider his decision based on water quality issues.

Anderson said in his decision Tuesday that the court previously found that culverts will be installed to improve the hydrology and water quality of the wetlands, and that other management practices will improve water quality.

The road, which has been delayed since 2013, would connect Highway 90 with Carolina Forest. Residents who live along Highway 90 picketed the Coastal Conservation League last week in front of the organization’s Georgetown office, and pledged to protest the group regularly until the court challenges are dropped.

County officials planned to build a four-lane road connecting the two communities, while environmentalists insisted that wildlife tunnels be constructed under the highway for bear passageways.

This story was originally published July 26, 2016 at 6:53 PM with the headline "International Drive clears another court hurdle."