South Carolina Supreme Court Considers Future of Gadsden Creek

South Carolina Supreme Court Hears Arguments on the Fate of Gadsden Creek

The South Carolina Supreme Court on Monday heard arguments about the future of Gadsden Creek, the last surviving four acres of a wetland area located in Charleston, S.C. The court is set to determine whether the creek can be filled to reduce persistent flooding in the region, a plan introduced by WestEdge and the City of Charleston, but heavily contested by locals and environmental activists.

Plans for Flooding Solutions Draw Opposition

Following a decision to permit the filling and development of the remaining acres of Gadsden Creek by a developer, a neighborhood legal suit emerged. The South Carolina Environmental Law Project represented Friends of Gadsden Creek, arguing that the plan violated critical area regulations by allowing the wetlands to be filled. Opponents maintained that this would permanently eradicate the possibility of restoring or revitalizing the creek and encourage more development which contradicts conservation efforts.

Bradley Churdar, the representative for the South Carolina Department of Health and Environmental Control (DHEC), supported the plan to fill in the cavities of the creek with landfill to counter flooding. “Addressing the landfill contamination, eliminating the tidal connection and the tidal flooding that is occurring quite frequently in this community, and mitigating the stormwater flooding — those important considerations could only be done by this project,” Churdar stated.

Environmentalists Urge for the Preservation of Gadsden Creek

Friends of Gadsden Creek persistently argue for the value of the land, citing not only environmental reasons but also cultural heritage. Seb Choe, Friends of Gadsden Creek organizer, expressed grief over the loss of historical sites and opportunities in the historically black neighborhood of Gadsden Green due to urban development projects.

Choe emphasized the importance of Gadsden Creek since the 1800s, when it was utilized for fishing, recreation, and even sacred practices such as baptisms. However, that changed in the 20th century when the city of Charleston used the area as a municipal dump.

A Decision Rests in the Hands of the Local Authorities

Despite the expected worst-case scenario that allows WestEdge and the City of Charleston to fill the creek, Choe said they can still choose to preserve the wetland, thus demonstrating respect for the community’s concerns and preserving the critical public resource.

The South Carolina Supreme Court estimates a three-month period to examine the detailed filings and permit texts before making a decision on the legality of filling Gadsden Creek. The outcome of this case is pivotal as it will not only determine the fate of Gadsden Creek but also set a precedent for similar cases in the future.

In this controversial issue, the South Carolina Supreme Court is tasked with the challenging role of balancing the need for urban development and flood control with the preservation of environmental and cultural resources. The upcoming ruling will undoubtedly have lasting implications for Charleston community stakeholders and could set a legal and environmental precedent for analogous cases nationwide.

Context of Gadsden Creek

Gadsden Creek and its bigger watershed once covered around 100 acres of the Charleston peninsula. However, its size has drastically diminished due to various uses such as acting as a landfill and subsequent construction atop it. The unfortunate handling of this patch of land has drawn consensus among the Supreme Court justices and lawyers that it does not meet today’s standards of preservation.