The South Carolina Supreme Court affirmed a lower court ruling that granted Dominion Energy the water quality certification necessary to obtain federal permits for a natural gas pipeline project near the Great Pee Dee River in Florence County. The court issued its decision in *Blue Ridge Environmental Defense League v. South Carolina Department of Environmental Services* (S.C. 2026), rejecting an appeal by the environmental advocacy group.
The case centered on Dominion Energy's efforts to expand its existing natural gas infrastructure in the region. Since the 1960s, Dominion Energy and its corporate predecessors have operated an 8-inch natural gas pipeline that begins at River Neck Road east of Florence, where the company receives natural gas from suppliers. The pipeline runs southeast within a 40-foot right-of-way between Old River Road and the Great Pee Dee River, terminating in the Town of Kingsburg.
The Blue Ridge Environmental Defense League challenged the South Carolina Department of Environmental Services' decision to grant the water quality certification that Dominion Energy needed to proceed with the federal permitting process. Under federal environmental law, companies seeking to construct infrastructure projects that may impact water resources must obtain both federal permits and state water quality certifications.
The administrative law court initially ruled in favor of the state environmental agency and Dominion Energy. Administrative Law Judge Ralph King Anderson III presided over the original proceedings, which the Blue Ridge Environmental Defense League subsequently appealed to the state's highest court.
The case attracted significant attention from environmental organizations across South Carolina. Ten riverkeeper organizations and environmental groups filed an amicus curiae brief supporting the Blue Ridge Environmental Defense League's position. These organizations included American Rivers, Black-Sampit Riverkeeper, Catawba Riverkeeper, Charleston Waterkeeper, Congaree Riverkeeper, Friends of the Edisto, Pee Dee-Lynches Project Coordinator, Savannah Riverkeeper, Save Our Saluda, Waccamaw Riverkeeper, and Winyah Rivers Alliance.
The Supreme Court heard oral arguments in the case on June 24, 2025, before issuing its decision on Jan. 28, 2026. In a per curiam opinion, the court affirmed the administrative law court's ruling without identifying a specific author for the majority opinion.
"This is an appeal from an order of the administrative law court granting the water quality certification necessary for Dominion Energy to obtain a federal permit to construct a natural gas pipeline near the Great Pee Dee River in Florence County," the court wrote. "We affirm."
The legal teams reflected the high stakes involved in the dispute. The Blue Ridge Environmental Defense League was represented by Jesse Sanchez of The Law Office of Jesse Sanchez, LLC, in Mount Pleasant, and Stephen A. Spitz of A Business Law Firm in Charleston. Dominion Energy retained Elizabeth B. Partlow of Law Offices of Elizabeth B. Partlow, LLC, in West Columbia, and Brooks M. Smith of Troutman Pepper Hamilton Sanders, LLP, in Richmond, Virginia. The South Carolina Department of Environmental Services was represented by its own attorneys, including Bennett W. Smith, Karen Christine Ratigan, and Christopher Patrick Whitehead, all based in Columbia.
The riverkeeper organizations' amicus brief was prepared by Emily Wyche and Susan Ness Carlson, both of Charleston, highlighting the broader environmental community's interest in the case's outcome.
The decision represents a victory for Dominion Energy in its efforts to expand natural gas infrastructure in South Carolina. The company can now proceed with seeking federal permits for the pipeline project, having cleared the state-level regulatory hurdle that the environmental groups had contested.
For the Blue Ridge Environmental Defense League and its allied organizations, the ruling represents a setback in their efforts to challenge energy infrastructure projects through the administrative and judicial process. The organization had argued that the state environmental agency's decision to grant the water quality certification was improper, but the courts at both the administrative and supreme court levels disagreed.
The case illustrates the ongoing tension between energy infrastructure development and environmental protection in South Carolina. Natural gas companies argue that pipeline projects are necessary to meet growing energy demands and provide reliable service to customers. Environmental groups contend that such projects pose risks to water resources and ecosystems, particularly when they involve construction near sensitive waterways like the Great Pee Dee River.
The Supreme Court's affirmance of the administrative law court decision suggests that the state's environmental regulatory framework provided adequate protections and that Dominion Energy met the necessary requirements for obtaining the water quality certification. The decision may influence future disputes over energy infrastructure projects in South Carolina, as it demonstrates the courts' willingness to uphold agency decisions when proper procedures have been followed.
With the state court challenge resolved, attention now turns to the federal permitting process, where Dominion Energy will need to obtain additional approvals before construction can begin on the pipeline expansion project near the Great Pee Dee River.