South Carolina city sues to block rail plan
Written by William C. Vantuono, Editor-in-ChiefNorth Charleston, S.C., has filed suit in federal court seeking an injunction to block the Palmetto State’s plan for a rail yard. The filed the suit after the South Carolina Supreme Court declined to hear a petition from the state that was aimed at keeping the state out of the expected legal conflict.
The state Commerce Department seeks a dual-access rail plan for both Norfolk Southern and CSX Transportation. Its plan would create a large intermodal rail yard north of the new port. North Charleston wants an injunction until a supplemental environmental impact statement has been prepared and a modified permit issued.
North Charleston opposes rail service from the north end of the port because it could harm plans to redevelop that area, and says a 2002 memorandum of understanding with the State Ports Authority precludes such service. It also holds that because the South Carolina Budget and Control Board signed off on the Memorandum of understanding, the state also agreed to such a restriction.
“It’s just a situation where the state, in our estimation, has not lived up to its obligations to the city of North Charleston,” said city Mayor Keith Summey. “We would love to sit down with them and work it out, but so far they have not brought anything to the table.”
Also named as defendants in the suit are the State Ports Authority, the Department of Commerce and its Division of Public Railways, the U.S. Army Corps of Engineers, and two corps officials.
