Environmental groups lose appeal challenging Point Hope development

Environmental groups hoping to stymie the development of the Point Hope master-planned community in Cainhoy lost an appeal to a federal court on Oct. 23.  

The South Carolina Coastal Conservation League, Charleston Waterkeeper, and the South Carolina Wildlife Federation appealed to the U.S. Court of Appeals for the 4th Circuit after a lower court upheld a wetlands permit issued by the U.S. Army Corps of Engineers. 

The permit allows Point Hope developers to fill 181.5 acres of wetlands as part of a project expected to include 9,000 homes on more than 9,000 acres across the CainhoyPeninsula. 

Environmental groups argued the Corps violated the federal Clean Water Act by issuing a permit they deemed "arbitrary and capricious." They alleged the Corps did not consider on-site alternatives affecting less than the proposed 181.5 acres of wetlands impact. 

In its ruling, the appeals court said the Corps issued the permit after "determining the proposed project was the least environmentally damaging practicable alternative." The court concluded "the Corps conducted a thorough and reasoned analysis and did not act in an arbitrary or capricious manner." 

The decision marks a setback for the environmental groups challenging the Cainhoy development, as it leaves the wetlands permit intact. 

In an editorial published in The Daniel Island News last week, Point Hope Partners President Brian Keels defended the development, stating the partners' "commitment to balancing growth with conservation, including a plan that leaves approximately 60% of the property undeveloped or as green space." 

He added that Point Hope has a responsibility to accommodate growth in ways that protect the area's natural resources.