October 31, 2016 in Breaking News

Charleston cruise ship terminal hearing delayed — again

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The battle over a new cruise ship terminal in downtown Charleston won’t be overshadowed by the presidential election after all.

The state’s Court of Appeals, which was going to hear arguments in the cruise ship case on Election Day, canceled the Nov. 8 hearing “after careful consideration,” Jenny Kitchings, the clerk of court, said in a letter sent to lawyers on Friday. There is no new date for the hearing, which has been delayed numerous times over the past two years due to scheduling conflicts.

With the court’s calendar set for the rest of this year, it likely will be 2017 before the case returns to the docket.

The case pits several Charleston area environmental and historic preservation groups against the State Ports Authority and the state’s Department of Health and Environmental Control.

DHEC granted a permit in 2012 that would let the maritime agency place five additional clusters of support pilings beneath an old warehouse at the north end of Union Pier. The SPA wants to spend about $35 million at that site on a new terminal for cruise ships, replacing a nearby 1970s-era building used mostly by Carnival Cruise Lines.

The environmental and preservation groups filed a lawsuit opposing DHEC’s ruling, but a state Administrative Law Court judge ruled the groups did not have a right to sue. An appeal of that ruling was filed in April 2014, and all sides have been waiting since then to present their arguments in court.

The groups, which are represented by the Southern Environmental Law Center, say they oppose the new terminal because it would add to congestion and pollution near the city’s Historic District, threatening its unique character. They want the terminal moved farther north.

The SPA says its voluntary limit on the cruise ship business — no vessels with more than 3,500 passengers and no more than 104 ships per year — will address those concerns. The SPA’s current cruise ship terminal is just a few hundred feet south of the proposed facility and the maritime agency says a new facility would improve traffic patterns.

The SPA also needs a federal permit to proceed with the project. The Army Corps of Engineers is reviewing an application for that permit but has not set a timetable for its decision. A previous permit application was tossed out by a federal judge in 2013 because the proposal did not consider the terminal’s impact on the city’s historic district.

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Reach David Wren at 843-937-5550 or on Twitter at @David_Wren_




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