AIKEN COUNTY, S.C. – On Thursday, June 26, the Administrative Law Court will hear oral arguments in a community’s challenge of a permit for a 292.5-acre landfill in Aiken County—in an area already grappling with a disproportionate presence of polluting activities.
In the summer of 2024, the Department of Environmental Services approved a new 292.5-acre landfill called Rabbit Hill to be sited near the small communities of Bath and Burnettown in Aiken County. The property for the landfill is adjacent to an older, closed landfill and Jefferson Elementary School, which serves nearly 550 students in kindergarten through fifth grade.
The permit was issued as a “replacement” for an existing 2.3-acre landfill in a different part of town, despite the new landfill slated to be over 127 times larger. The “replacement” designation significantly eases the permitting process and burden on the applicant, and without these loopholes, the new landfill could not and would not have been approved.
On behalf of Friends of Horse Creek Valley, comprised of a group of concerned citizens, and along with Southern Coalition for Social Justice (SCSJ) as co-counsel, the South Carolina Environmental Law Project (SCELP) filed a challenge to the permit in the Administrative Law Court in August of 2024. The groups filed a motion for summary judgment in March of this year.
The Horse Creek Valley area has been a hotbed for legacy pollution from industrial sites, landfills and other hazardous facilities. In fact, several EPA-designated contaminated sites are located within the four-mile stretch encompassing these communities, as well as multiple existing landfills and dumps.
“For many decades, this community has dealt with more than its share of dirty industry, landfills and polluting activity,” said Michael Corley, Senior Manager of Strategy at SCELP. “This landfill, which could not be permitted without a special variance, would be yet another insult to residents.”
“This case is about more than one landfill — it’s about stopping a dangerous pattern of environmental injustice,” said James Huey, Counsel for Environmental Justice at SCSJ. “Communities like Horse Creek Valley should not be dumping grounds for polluting industries simply because they’ve carried that burden before.”
A successful outcome to this permit challenge would result in cumulative environmental benefits, not just for the surrounding community, but for communities across the state that are at risk of having their health, environment and quality of life diminished by permit loopholes like this one.
For residents of Horse Creek Valley, reversal of the Department of Environmental Service’s decision would have far-reaching positive consequences. Residents have been desperate for relief from the excessive, cumulative burden of decades of pollution in the communities where they live, work and play.
“The Friends of Horse Creek Valley are exceedingly grateful to SCSJ and SCELP for their many dedicated efforts on our case,” said Courtney Crafton, member of Friends of Horse Creek Valley. “Our community and the entire state of South Carolina deserve a safe and well-regulated place to live and thrive. We are hoping this sets the precedent that bending around rules is not a benefit for any South Carolina community.”
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Southern Coalition for Social Justice partners with communities of color and economically disadvantaged communities in the South to defend and advance their political, social, and economic rights through the combination of legal advocacy, research, and communications. Learn more at southerncoalition.org.
The South Carolina Environmental Law Project is a nonprofit public interest law firm. We use our legal expertise to protect land, water and communities across South Carolina. Learn more at scelp.org.
The Friends of Horse Creek Valley are leaving a legacy of life and land in the wake of legacy pollution.
Felecia Phillips Ollie DD (h.c.) is the inspiring leader and founder of The Equality Network LLC (TEN). With a background in coaching, travel, and a career in news, Felecia brings a unique perspective to promoting diversity and inclusion. Holding a Bachelor’s Degree in English/Communications, she is passionate about creating a more inclusive future. From graduating from Mississippi Valley State University to leading initiatives like the Washington State Department of Ecology’s Equal Employment Opportunity Program, Felecia is dedicated to making a positive impact. Join her journey on our blog as she shares insights and leads the charge for equity through The Equality Network.
