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APNewsBreak: Judge urged to rule in SC cruise suit

Published on NewsOK Modified: July 16, 2013 at 12:45 pm •  Published: July 16, 2013

CHARLESTON, S.C. (AP) — Environmental and preservation groups suing over a $35 million Charleston cruise terminal say there is no way putting new pilings beneath an old waterfront warehouse being renovated for the project can be considered simply maintenance work and the project will affect areas well beyond the waterfront.

"The record overwhelmingly demonstrates that construction of a new home terminal for 10-story high, 1,000-foot long cruise ships in the heart of the best-preserved city in the United States has at least the potential for impacts on historic properties and the human environment," attorney Blan Holman writes in court documents filed late Monday.

Holman, of the Southern Environmental Law Center, represents plaintiffs who say the U.S. Army Corps of Engineers should have, under federal law, studied the impact of the project more completely before issuing a permit law year allowing the South Carolina State Ports Authority to put in the pilings.

But, in asking U.S. District Judge Richard Gergel to rule in the corps' favor without a trial, Assistant U.S. Attorney John Douglas said more extensive studies were not required because the pilings are simply a maintenance project on an existing site.

"Notwithstanding newspaper articles showing that the expansion of the cruise activity in Charleston has generated heated public debate, the policy trade-offs associated with tourism are decidedly local considerations that fall outside the purview of the corps," he wrote.

He said the corps correctly concluded that adding five clusters of pilings under the warehouse for an elevator for the new terminal was maintenance and affects only .01 acres of the waters of the United States.

The arguments were made in motions for summary judgment obtained by The Associated Press. A November date has been tentatively set if the case goes to trial.

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