The most important decision in the Administrative Law Court hearing yesterday was no decision.
Administrative Law Judge Ralph Anderson declined issuing a restraining order from the bench to stop construction on International Drive. Anderson said he needs more time to study the legal points argued and will issue a ruling later.
Meanwhile work to construct a road bed continues on International Drive.
Since work on the roadway began after Anderson ordered a state permit to be issued in August the issue of stopping that work became more complex because a federal permit from the U.S. Army Corps of Engineers was also issued.
Anderson said he doesn’t know if he, as a state judge, has the authority to issue a stay on a federal permit.
It’s a pretty sure bet he doesn’t and work will continue on the road bed for at least 30 more days as an appeal of Anderson’s August decision winds its way to the S.C. Court of Appeals.
Not ready to give up their obstruction attempts, the Coastal Conservation League and the SC Wildlife Federation are taking the battle to federal court with a new lawsuit filed against Horry County, the U.S. Army Corps of Engineers and the Environmental Protection Agency.