03/05/2025 – Posted by Daniel Island News
Attempt to halt Point Hope construction stalls
BY: ELIZABETH BUSH, BETH@THEDANIELISLANDNEWS.COM
A panel of federal judges has denied an appeal from environmental groups to temporarily halt development in the new Point Hope community off Clements Ferry Road while their primary lawsuit is pending.
The environmental groups – the South Carolina Coastal Conservation League, Charleston Waterkeeper, and the South Carolina Wildlife Federation – were appealing a ruling issued by U.S. District Court Judge Richard Gergel in September 2024.
The plaintiffs asked the district court to temporarily stop construction in Point Hope while their primary lawsuit contesting a wetlands permit issued by the U.S. Army Corps of Engineers played out, arguing that not stopping land disturbance activities would result in “irreparable” environmental harm.
The groups also contended that the USACE and other defendants acted in an “arbitrary and capricious manner” by failing to publish an Environmental Impact Statement on the project and failing to comply with the Endangered Species Act, relating to two endangered species with suitable habitats on the property.
Judge Gergel denied the motion, noting in part that the plaintiffs did not “carry their burden to demonstrate an imminent threat” and that stopping development “would not serve the public interest.”
Oral arguments on the appeal were heard in December 2024 at the U.S. Fourth Circuit Court of Appeals in Richmond, Virginia, by Judges G. Steven Agee, Stephanie D. Thacker, and Nicole Berner.
The panel issued its decision on January 31, siding with the lower court’s ruling.
“Because we conclude that appellants do not have a sufficient likelihood of success on the merits of their claims, we affirm the district court,” wrote Judge Thacker in the ruling.
Court documents stated that “though Cainhoy totals over 9,000 acres, including over 2,500 acres of wetlands, the proposed Cainhoy development will develop only 3,906 acres, including 181.5 acres of wetlands. The remaining acres are to be placed in conservation easements and/or restrictive covenants to permanently protect the property.”
A final decision on the main legal case, filed by the environmental groups in 2022 against the USACE, the Environmental Protection Agency, and the U.S. Fish and Wildlife Service, is expected later this year.
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