Posts Tagged coastal conservation league

State Appeal Hearing… Thank you SELC & SCELP!!

Thanks to ALL those who attended! We took up most of the courtroom….Here is the full article:

 

TOP STORY

Appeals court hears argument on cruise ships in Charleston

COLUMBIA — The state Court of Appeals heard arguments Wednesday in the long-running debate over a new cruise ship terminal in Charleston’s Historic District.

There is no deadline for the court to make its ruling, and it could take a year or more.

The arguments centered on whether the Preservation Society of Charleston, Coastal Conservation League and residents of the city’s historic district have the right to sue the S.C. Department of Health and Environmental Control for issuing a 2012 permit to the State Ports Authority for support pilings beneath an old warehouse at Union Pier.

That is where the Ports Authority wants to build a new, larger terminal for cruise ships, about 100 feet north of its current terminal.

The group of preservationists and conservationists filed a lawsuit challenging DHEC’s permit because they feel a larger terminal in the Historic District would exacerbate problems like pollution and traffic.

A state Administrative Law Court judge previously ruled the groups did not have a right to sue. Those groups filed their appeal in 2014, but the appeals court delayed hearing the oral arguments repeatedly.

Blan Holman, a lawyer with the Southern Environmental Law Center representing the plaintiffs, reiterated concerns about the proposed terminal Wednesday to the panel of three judges. He said if residents may challenge a permit for a liquor store near their homes, they also should be allowed to challenge a permit for a large cruise ship terminal nearby.

“These are not cargo ships. They are floating towns with more people than Sullivan’s Island,” Holman said.

He added that residents who live near the docked ships deal with soot from the exhaust pipes in the air and on their properties, potentially harming their health.

“These people are experiencing harm directly on their person and in their homes,” he said. “They are entitled to have a hearing from an administrative law judge.”

Attorney Chad Johnston of Willoughby & Hoefer PA of Columbia represented the SPA. He said the Administrative Law Court was right to dismiss the lawsuit because those residents and groups will not be harmed by future cruise ship operations.

“The Ports Authority submits that the cruise industry is a valuable part of its business model, and it will continue to accept cruise ships at its current location or at the new one, regardless of what happens in this case,” Johnston said.

 In addition to the state permit, the Ports Authority also needs a federal permit from the Army Corps of Engineers to move forward with the new terminal. A previous federal permit application was tossed out by U.S. District Judge Gergel, who ruled that it did not properly consider the impacts the new facility would have on the city’s Historic District.

The Army Corps is now reviewing a new application.

Bradley Churdar, DHEC’s attorney, argued Wednesday that the state’s permit should not be vacated simply because a previous federal permit had been. He also said the Administrative Law Court decision is not subject to appeal.

Chief Judge James E. Lockemy asked Holman what he thought might happen if that court’s ruling is upheld.

“I believe if we were found to not have standing … we would have fewer rights than the person who challenges the liquor store on the corner,” Holman said. “It’s taking away these taxpaying, property-holding citizens’ rights to participate in an administrative process.”

Free Shuttle to State Appeal Hearing 2/15/17

Join us in Columbia for the State Appeal hearing!! Please sign up for the free shuttle….we must have a final head count by Saturday, February 11.

Click here to join us

Details:

Oral arguments in the cruise terminal state permit case before the SC Court of Appeals in Columbia, SC on February 15, at noon. A free shuttle has been organized by Charleston Communities for Cruise Control and the Coastal Conservation League to take those interested in being present to and from Columbia. A reservation is required so the appropriate size bus is reserved. Please do so via the link below before February 11!

This is an appeal of a decision by S.C. Administrative Law Judge R. K. Anderson III holding that the groups lacked “standing” to challenge the legality of permits for the proposed cruise terminal.

This is a major reason in having actual “bodies” there, showing that the groups are comprised of taxpaying citizens, and should be allowed to contest the permit!

Our attorneys contend on appeal that the ALC judge erred because, in fact, our groups and members have more than enough at stake to entitle us to an administrative hearing on whether the SC DHEC permit was unlawfully issued.

Letting the ALC’s decision stand would severely curtail the ability of neighboring citizens to defend their health and their property from unlawfully authorized pollution.

The argument is open to the public and you are encouraged to attend.  The Courthouse is located in the Calhoun State Office Building at 1220 Senate Street in Columbia.

Cruise opponents see dark lining in Sunshine’s arrival

Charleston residents battling the cruise ship industry say Carnival Cruise Lines’ plans to have another cruise ship depart from here next year is proof that their fight is a necessary one.

“I think we knew it was coming,” said Carrie Agnew, executive director of the Charleston Communities for Cruise Control, which has bought billboards and pursued legal action to torpedo the cruise industry’s growth here.

The addition of the Carnival Sunshine and its 3,000 potential passengers has reinforced Cruise Control’s message and already added to its mailing list, Agnew said.

“There are those who just don’t see the big picture and say, ‘Everything is fine now. Why should we be concerned?’ ” Agnew said. “So many people also have said, ‘Charleston is at a tipping point.’ I stood up at a meeting and said, ‘We’re not at a tipping point. We’ve tipped over,’ and now we’re adding more fuel to the fire.”

On Monday, Carnival Cruise Lines announced it will add five departures from Charleston next year for the Sunshine. Carnival’s Fantasy, which holds about 1,000 fewer passengers, will continue to call Charleston its home port.

The Sunshine will offer cruises of between two and 10 days between Charleston and ports in the Bahamas, St. Thomas, Antigua, Martinique, St. Kitts and San Juan.

State Ports Authority director Jim Newsome said the port will maintain its level of fewer than 104 cruise ship departures next year.

One of the biggest issues in Charleston’s yearslong cruise ship fight is fear that the city eventually will be overrun by larger ships carrying ever more passengers and calling on the city more often.

City and State Ports Authority officials say those concerns are unfounded, and they have agreed to limit cruise ships to no more than an average of two calls here a week, and no more than one at a time. Opponents want those voluntarily limits written into a law.

Cruise ship supporters have said the industry is an important part of the Lowcountry’s larger tourism economy, a source of jobs and a continuation of an activity that this port city has had from its earliest days.

Opponents said they don’t want to ban all cruise ships, but they want the authority to consider sites other than Union Pier, and sites farther from the city’s historic district, for its new cruise ship terminal. Legal wrangling over that site — the 60 acres between Market, Washington and Laurens streets and the harbor — has slowed the state’s plans to redevelop the blighted area.

Cruise opponents also said not enough is being done to address traffic congestion caused by ship visits, air pollution from smokestacks, noise from ship horns and public address systems, and the visual impact on the city’s historic skyline. They have filed legal challenges in both state and federal courts.

Blan Holman, managing attorney for the Charleston office of the Southern Environmental Law Center and a lawyer for the cruise ship opponents, said the news of the Sunshine’s visits here next year shows the cruise industry can get bigger in Charleston.

“And that just makes thorough review of a new, larger terminal more important than ever to make sure we examine all options for reducing pollution and traffic and impacts on families and neighborhoods,” he said.

Randy Pelzer, head of the Charles Towne Neighborhood’s cruise ship task force, said news of the Sunshine’s arrival doesn’t mean much in terms of current legal battles, “but I think it points out that residents aren’t consulted in terms of the larger number of cruise ships that impact them.”

“I was surprised there wasn’t any effort to notify the residents ahead of time, that we found out about it after it was a done deal,” he added, “but that’s the way it has been from the beginning.”

Reach Robert Behre at 937-5771.
Click to view article

More container volume, new cruise ship for Port of Charleston

The Port of Charleston is seeing an increase in both cargo and cruise ships.

Carnival Cruise Lines announced Monday that it will add five departures in 2016 for its Carnival Sunshine cruise ship. Those voyages will be in addition to departures by the Carnival Fantasy, which calls Charleston its home port.

Meanwhile, at the cargo docks, the port notched a 16.9 percent increase in the number of containers that moved through local terminals in February compared to the previous year, and Jim Newsome – president and CEO of the State Ports Authority – said Monday that he expects the total to top 1 million containers before the end of this fiscal year.

“February container volumes were particularly strong for a short month,” Newsome said following a meeting of the SPA’s board of directors. “Our import gains are reflective of a strengthening U.S. economy and population growth across the Southeast, while manufacturing in our state and region bolsters our export business. Loaded-box volumes last month were nearly completely balanced between imports and exports.”

In the cruise news, the Carnival Sunshine is a larger ship than the Fantasy, carrying about 1,000 more passengers and crew. It will offer cruises of between two and 10 days and will sail to ports in the Bahamas, St. Thomas, Antigua, Martinique, St. Kitts and San Juan.

Christine Duffey, president of Carnival Cruise Lines, said in a statement that Carnival Sunshine will offer “an extraordinary array of guest features and facilities,” including upgraded dining and entertainment that was part of Carnival’s Fun Ship 2.0 modernization program initiated in 2011.

Even with the additional sailings, Newsome said the port will maintain its level of fewer than 100 cruise ship departures per year.

To date, cruise ship passenger counts are down 5 percent from the previous year — to 121,270 people — due to a pair of weather-related cancellations.

The SPA has recorded $123 million in revenue this fiscal year, up nearly 21 percent from the same period a year ago. Earnings have tripled to nearly $20 million during the same time period.

Newsome said the port is entering one of its strongest stretches historically — the period of March through May — and he expects continued growth in cargo as the fiscal year winds down June 30.

The SPA’s noncontainerized business also saw increases in February. The Port of Georgetown handled 15,520 tons last month and is 5 percent ahead of its plan for the fiscal year. In Charleston, the SPA is on course to meet its break-bulk tonnage goal with 58,685 tons handled in February.

In other action during Monday’s meeting:

The board approved a contract for routine maintenance dredging at the North Charleston Terminal, which typically occurs every 12 to 15 months to preserve a 50-foot depth for large containerships.

The board approved a design modification to the two super-post-Panamax cranes on order for the Wando Welch Terminal.

Click to read article
Reach David Wren at 937-5550 or on Twitter at @David_Wren_

More cruises, more questions

Less than a month before the updated Tourism Management Plan gets its first official airing, the S.C. State Ports Authority is changing the tourism equation in Charleston.

The SPA is allowing Carnival Cruise Lines to increase its presence in Charleston. The cruise ship Sunshine will start five cruises here in 2016.

Those are in addition to cruises of the Fantasy, which is home ported in Charleston.

Crowding and traffic on the peninsula are two primary considerations of the Tourism Management Plan update. Too bad port officials didn’t wait for the report before considering the Sunshine deal.

The tourism report will be heard at a special Charleston Planning Commission meeting on April 6, and then likely be sent to City Council for consideration on May 12.

Some recommendations that might be included involve a remote parking facility, shore power and a passenger head tax by the city. All could have an impact on Carnival’s contracts with the SPA.

Already the SPA has said no cruise ships with more than 3,500 passengers will come to Charleston. The Fantasy’s capacity is 2,056. The Sunshine’s is about 3,002.

What might come next? The passenger terminal that the SPA wants to build would accommodate even larger ships.

The process of updating the city’s Tourism Management Plan was encouraging in the way people of diverse interests cooperated to produce a mutually acceptable set of recommendations that would benefit the city.

The SPA could have displayed that same sense of cooperation by considering the updated plan before inking deals.

See article here

Sink or Swim – Why is Carnival Cruise Lines exempt from city regulations?

Sink or Swim, taken from Charleston City Paper
contribution by Katie Zimmerman

The latest column from Charleston City Paper columnist Bryan Crabtree on cruise ships included suggestions in line with those put forth by numerous locals and organizations representing them, including the Coastal Conservation League.

Most people in Charleston seek a good balance whereby cruises can continue, but with standards in place to protect the health of local families and our environment as well as the strength of our economy, which relies greatly on protecting historic assets.

The drive to establish standards for cruise operations in historic cities is happening not just in Charleston. Venice, Italy, Key West, Fla., Dubrovnik, Croatia, and others are wrestling with the same concerns. Given the unprecedentedly large scale of the cruise ships and the thousands of people cruise operations bring into small, densely populated areas, it’s imperative that communities such as Charleston hasten to protect unique historic sites via enforceable standards for cruise ships, just as we support standards for other things, from tour buses to horse carriages.

It is beyond odd that cruise operations are seemingly the one business exempt from standards. This may reflect the cruise industry’s success in avoiding other rules and requirements. For example, Carnival Cruise Lines — which has had a cruise ship in operation in Charleston since 2010 — pays no taxes here and doesn’t even have a business license. Why should a highly profitable company like Carnival, which is incorporated in Panama, not have to abide by standards that apply to everyone else in Charleston?

Conservation groups, including the Coastal Conservation League, agree with Mr. Crabtree that Charleston cruise ships should use shore power to reduce the impact of concentrated diesel soot pollution on local families. Cruise ships do this in other ports even when the law doesn’t require it.

The League has also asked that records of cruise discharges be made available for public review. But when we asked Carnival if the company would consider notifying local citizens of what they are dumping in the water, a League representative was told that it was “frankly none of [our] business what Carnival does in [South Carolina’s] waterways.”

Neither the League nor anyone else is asking for limits on cargo ships since they don’t emit nearly as much pollution as a cruise ship, and they don’t bring thousands of cars and passengers into a gridlocked historic district. Like Mr. Crabtree, we support looking at alternative locations for a cruise terminal, an inquiry that so far has been stifled by the State Ports Authority.

People are tired of an all-or-nothing debate about cruise ships. They want solutions and options for achieving a healthy balance. The League has been pushing for those options for several years, but so far the proponents of unregulated cruise operations have acted as if engaging with loyal citizens is akin to dealing with terrorists.

So long as those pushing unmitigated cruise operations take an our-way-or-the-highway approach, Charlestonians — conservative and otherwise — will continue to feel frustrated and continue to ask that other options be explored.

Mr. Crabtree is to be applauded for proposing one option, and we stand ready to engage with him and any other interested persons in reaching a solution that works for everyone. As he should know, the question for our community is not the one he asked in conducting his informal poll on social media. On his Facebook page, he asked his followers if we should “allow the cruise industry to grow in Charleston or push them away?” The real question is whether or not cruise operations, like every other business here, should abide by limits and standards and find a healthy balance.

We applaud Mr. Crabtree’s call for examining alternative methods of basing very large cruise ships in the most congested and historic part of our entire region. There is no sense in polarizing people when most folks have coalesced around this reasonable middle ground.

Katie Zimmerman is the Coastal Conservation League’s director of the Air, Water, and Public Health Program. Her areas of expertise include environmental justice, community empowerment, and water quality.

 

Judge: Opponents have standing to challenge state permit for Charleston cruise terminal

By BRUCE SMITH
Associated Press
Updated: December 03, 2013 – 3:16 pm

CHARLESTON, South Carolina — Charleston neighborhood, conservation and preservation groups may challenge a state permit for a $35 million South Carolina passenger cruise terminal, a state administrative law judge has ruled.

In a 16-page ruling on Monday, Chief Administrative Law Judge Ralph K. Anderson III rejected a South Carolina Ports Authority motion to dismiss a challenge to a state Department of Health and Environmental Control permit.

The DHEC permit certified that putting added pilings beneath an old riverfront warehouse so it can be renovated as a new terminal complies with state coastal regulations.

The permit challenge is one of three ongoing legal fights involving the city’s cruise industry.

The Ports Authority in July asked Anderson to dismiss the challenge to the state permit, saying the pilings have not yet been installed and so there has been no injury to the plaintiffs and they have no standing to appeal. Attorneys also argued the appeal should be dismissed because whether cruises operate out of Charleston is a political question, not one for the administrative law court.

Anderson noted the plaintiffs, who include six local groups, allege the permit will allow more cruise ships with the pollution, traffic and health impacts that accompany them.

“At this stage of the proceedings, the court finds that petitioners have sufficiently alleged that the organizations have standing,” he concluded, but added he would consider the larger issue of whether cruises should be allowed at all.

“The case before this court involves the discrete matter of whether the permit issued to the Ports Authority complies with state law,” he wrote.

A hearing is set for next month.

The question of whether the cruise industry is a public nuisance is now before the state Supreme Court. The justices heard arguments last month and have not indicated when they might rule.

The third legal challenge is to federal permit for the terminal pilings. A federal judge ruled in September that the U.S. Army Corps of Engineers did not study the issue adequately and tossed out the permit. The Ports Authority and the Corps have appealed that decision to the 4th U.S. Circuit Court of Appeals in Richmond, Virginia

Terminal opponents say they want limits on cruises so they don’t overwhelm the city. Supporters say the city will only be a niche cruise market and the industry is already being appropriately regulated.

(Story distributed by The Associated Press)

Per the City…. we all suffer….

Attorneys argue in front of S.C. Supreme Court over harm cruise ships would cause Charleston

By Schuyler Kropf

COLUMBIA — Allowing a lawsuit that challenges Charleston’s cruise ship visits over zoning issues to stand could damage global commerce if taken to the extreme, a lawyer argued this morning before the South Carolina Supreme Court.

Attorney Marvin Infinger said the lawsuit filed by preservationists and neighborhood groups could essentially be applied to all commercial shipping that calls on Charleston.

“The suit, if allowed to stand, would do violence to the ocean-going commerce of this nation,” he said.

Additionally, lawyers argued the plaintiffs looking to challenge the cruise ship visits are not uniquely affected by the traffic and congestion the ships have brought.

City attorney Frances Cantwell said, “The harm is no different in kind than what we all suffer.”

Attorney J. Blanding Holman IV, who represents the plaintiffs, said the suit should go forward because of the systematic harm the ships are bringing to a closed, confined and historic part of Charleston.

Check back later for updates.

Generation Two Stickers and Banners are Here!

We are pleased to announce that the second generation of C4 Banners and Bumper Stickers are here! Thanks a million to our friends at The Bosworth Group for the amazing design. Banners are $25 to offset some of our production costs and the stickers are FREE!

You can get your banners by going to The Preservation Society of Charleston’s  gift shop on King Street. They are only $25 to offset some of our cost.

For stickers: you can go to any of these places

  • Coastal Conservation League     328 East Bay Street     M-F from 9-5
  • Preservation Society of Charleston     147 King Street     M-Sa from 10-5 and Sundays from 12-4
  • Ann Long Fine Art     54 Broad Street     M-Sa from 11-5
  • Corrigan Gallery     62 Queen Street     M-Sa from 10-5
  • Burbage’s     157 Broad Street     M-F from 8-6 and Saturdays from 9-2

WE ARE SEARCHING FOR BUSINESSES WILLING TO BE PICK-UP LOCATIONS FOR STICKERS. PLEASE EMAIL CRUISESTANDARDS@GMAIL.COM  IF YOU WOULD LIKE TO VOLUNTEER A LOCATION.

Flags up!!!

Banner 2013

C4 Banner 2013

c4sticker

c4 Bumper Sticker

 

SC Group Teams With Cruise Groups in Fla., Italy – The New York Times

By THE ASSOCIATED PRESS
Published: November 4, 2013 at 3:29 PM ET

CHARLESTON, S.C. — A citizens group from Charleston has formed a coalition with similar groups in Venice, Italy, and Key West, Fla., to work for regulations protecting smaller historic port cities from the congestion and pollution that can accompany cruise calls.

“The only way we can do anything is if we work together and if we shout together,” Carrie Agnew, executive director of Charleston Communities for Cruise Control, said Monday. “By working together and by joining forces and sending out the same messages everywhere we can have that much more credibility, we can have that much more reach.”

The Charleston group will work with a group called No Big Boats in Venice and the Key West Committee for Responsible Tourism. The size and number of cruise ships has been a subject of controversy in both cities in recent years and “Charleston is sort of on a precipice,” Agnew said.

Agnew says her group does not want to ban the cruise industry. “What we are looking for are reasonable regulations for port cities,” she said.

The Charleston group has proposed a Cruise Ship Code of Conduct that includes a ban on ships with a capacity of more than 3,000 from regularly visiting the city, limiting cruise calls in the city to two a week and requiring ships to use onshore power or burn low sulfur fuel while idling at dockside.

Supporters of the Charleston’s cruise industry say the city will only be a niche market and that the cruise trade is being appropriately handled. They say it creates jobs and is an economic boost for the city.

Carnival Cruise Lines’ 2,056-passenger liner Fantasy has home-ported in Charleston for more than three years. Before that, cruises made port calls, but no ships were based in the city.

The expanded cruise industry and the South Carolina State Ports Authority’s plans for a $35 million cruise terminal has resulted in lawsuits by environmental, preservation and neighborhood groups in state and federal court and a permit challenge in state administrative law court.

On Nov. 19, the state Supreme Court hears arguments in a lawsuit alleging that cruises in the city are a public nuisance and violate city zoning ordinances.

Meanwhile, the South Carolina State Ports Authority is appealing a federal judge’s decision tossing out a permit to install pilings allowing the terminal to be built. U.S. District Judge Richard Gergel ruled earlier in September there was no adequate review of the effects on the city’s historic district. Another challenge to a state permit for those pilings will be heard in administrative law court early next year.

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