DHEC faces new Savannah dredging attack

With several challenges confronting the S.C. Department of Health and Environmental Control's approval of a controversial Savannah River dredging permit, the Southern Environmental Law Center now said there's another state permit needed for the work. And Georgia doesn't have it.

The law center launched the latest legal salvo against the Georgia Ports Authority's plan to deepen the river's shipping channel in a lawsuit filed Friday. It alleges the Army Corps of Engineers in Savannah has not sought a S.C. Pollution Control Act permit needed for the work.

"This project cannot proceed until and unless the Corps obtains a South Carolina Pollution Control Act permit that guarantees the right of citizens to review the proposal and reduce its serious impacts on the Savannah River," said Chris DeScherer, senior attorney at the law center. "As it stands now, the Corps proposes to dredge up potentially toxic pollutants, dump spoils in South Carolina, and damage the river so badly it needs mechanical life support that the government's own experts say could be lethal."

DeScherer's "mechanical life support" comment refers to diesel-powered machines that could be used to pump oxygen into the waterway to ensure it can continue to support aquatic life.

The complaint was filed on behalf of the Savannah Riverkeeper, based in Augusta, as well as the Charleston-based Coastal Conservation League and the S.C. Wildlife Federation.

The Army Corps has not received a copy of the lawsuit and "generally does not comment on pending litigation," said spokesman Billy Birdwell.

The latest legal action comes on top of two challenges filed previously by the Southern Environmental Law Center and by the S.C. Savannah River Maritime Commission. They are challenging the DHEC board's decision to certify that the deepening project complies with state clean water regulations. South Carolina lawmakers seeking to retroactively strip DHEC of its authority to issue that certification.

In South Carolina, opponents to the deepening say that, in addition to possibly harming the environment, the project would put the Port of Charleston at a competitive disadvantage. Georgia want to dredge 38 miles of the Savannah River, which the two states share, to 48 feet so its port terminals can accommodate larger cargo ships.

For the same reason, the S.C. State Ports Authority wants deepen Charleston's shipping lanes to 50 feet from 45 feet.