Mike Brown, Howard Tharpe, Interstate Speedway, Inc., and Interstate Speedway, Appellants v. South Carolina…

Summary

The court affirmed in part, reversed in part, and remanded a stormwater-permitting dispute involving a proposed motor speedway. It held that the governing regulation did not prohibit use of the rational method for projects exceeding twenty acres and that the Board improperly made its own factual findings regarding the required consistency review instead of remanding to the ALJ. The court also held that the challenge to the legal legitimacy of the Coastal Management Program was not preserved. No separate opinions were filed.