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Environmental Law Program

2005 Student Environmental Law Scholarship

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Spring 2005 Environmental Advocacy Seminar Paper Abstracts

Mendi Drayton, Bill S304: Taking Decisional Power from Local Communities or Benefiting the State's Economy?
This paper discusses the consequences of a South Carolina Bill that would allow local government to place more restrictive ordinances on poultry and hog farms. The author argues there are two important consequences: either allowing local governments to protect their local environment and property values, or preventing agribusiness in the area from hurting the local economy. As of the completion of the paper the bill has not been sent to the committee. Applied Research for the Coastal Conservation League
Joe Farrell, Alternatives to Road Building to Improve Hurricane Evacuation in Coastal South Carolina.
This paper argues against road building and expansion for hurricane evacuation purposes and explores areas that warrant further investigation by the State of South Carolina as alternatives to road building to improve hurricane evacuation options. The author discusses various alternatives, including improving the use of technology, improving communications, using various evacuation techniques, utilizing volunteers, enhancing the public shelter system, optimizing current infrastructure, and creating partnerships. The paper concludes with recommendations for the implementation of these proposed alternatives. Applied Research for the Coastal Conservation League.
Robert E. Ferguson, Jr., Urban Forestry: an overview of potential applications and issues for local government.
This paper delves into the unique world of urban forestry in South Carolina, providing a guide to the issues and potential challenges that face local governments considering drafting tree ordinances or merely interested in integrating trees into their city environment. This paper concludes that the benefits of trees are paramount and should be included in the urban environment. Applied research for the Strom Thurmond Institute of Government and Public Affairs.
Zachry Thomas Gladney, Antidegradation in South Carolina Under the Clean Water Act.
This paper argues that the South Carolina antidegradation regulations are ineffective for designating Outstanding National Resource Waters (ONRWs) as mandated by the CWA because: (1) the State's interpretation of the ONRW definition is overbroad and fails to distinguish from less protective classifications; (2) the regulations do not require an economic analysis of potential costs and benefits associated with ONRW designations; and (3) the regulations fail to include a provision allowing for an initial public petition for an ONRW designation. This paper concludes that South Carolina should revise its state regulations in order to meet the intent of the CWA and make effective the highest level of protection for the state's most valuable water bodies. Applied research for American Rivers.
Carri Grube, Survey of Environmental Justice Grants in South Carolina.
This paper explores environmental justice implementation in South Carolina. It begins by explaining what environmental justice (EJ) encompasses and gives a brief history of the EJ movement. Next, the author provides a detailed explanation of available federal grants to promote environmental justice. Finally, the paper presents case studies of South Carolina grant recipients. The paper concludes that environmental justice grants and programs provide opportunities for all types of organizations and projects.
Tindal Hart, The Burning Question: How to Get Fire Back Into South Carolina's Woods.
This paper discusses how federal and state laws and policies impact the use of prescribed burning as a resource management tool in South Carolina's Coastal Plain forests. The paper first discusses the role of woodland fires, whether started by lighting, Native Americans or European settlers, in shaping the landscape of the Coastal Plain. The paper next discusses the importance of the continued use of prescribed fire in (1) maintaining, protecting and restoring the valuable longleaf pine ecosystem with its many rare and endangered species and (2) reducing the risk of catastrophic wildfire. The paper then discusses how federal and state laws and policies over the past century have operated to deter prescribed burning in South Carolina forests. At the federal level, the paper discusses the Clean Air Act and Endangered Species Act; at the state level, it discusses the statutory and common laws that affect liability for damages caused by prescribed fires, such as the South Carolina Prescribed Fire Act, as well as regulations related to air quality and smoke production. Finally, the paper concludes that, in order to promote and increase the use of prescribed burning in South Carolina, the State must provide greater liability protection for prescribed fire managers.
Courtney Tanis Kerwin, The Potential for a Savannah River Basin Compact.
This paper discusses the use of water compacts between states to address the growing problems with drought, water demand and population growth. The author suggests that the creation of a river basin compact between South Carolina and Georgia is the best option to regulate their joint use of the Savannah River. Applied Research for American Rivers.
Katie Semon, A Review of Riparian Forest Buffers: Encouraging Protection through Regulatory and Nonregulatory Programs.
This paper seeks to further the acknowledgement of the need for riparian forest buffer protection in South Carolina and to set forth concerns for policymakers to consider in their development of regulatory and nonregulatory programs that address riparian forest buffers. The paper concludes that a regulatory or nonregulatory program must provide for appropriate technical measures to ensure riparian buffers function with optimal benefits and policy and educational considerations that promote maximum participation in the program. Applied research for Friends of the Edisto River.
Laura Marie Swingle, Integrator and Grower Contracts: Should Farmers Get Involved?
This paper begins with an overview of the poultry production contract between the integrator and grower, including the rights and responsibilities of parties and the risks and benefits involved. It further defines key statutory terms usually found in poultry production contracts and addresses the legislative and alternative legal governance of poultry production contracts. This paper also examines the specific components of poultry production contracts, solutions for resolving party disputes, and the myriad environmental implications associated with poultry production. The author concludes that entry into the poultry production business requires a great commitment and that it is important to consider all the aspects of the contract relationship before investing. Applied research for South Carolina League of Conservation Voters.
Chris Watson, USC's responsibility to Rocky Branch.
This paper looks at the University of South Carolina's relationship to Rocky Branch stream as a non-point source polluter. The author evaluates the state of the branch, the University's current practices/policies, and tries to provide a direction for the University with respect to the branch, especially in anticipation of Columbia receiving its National Pollutant Discharge Elimination System (NPDES) Phase I permit in the next year. In order to restore and protect the Rocky Branch watershed as it runs through campus, the author recommends that the University update the Environmental Policy Implementation Plan to include NPS pollution reduction and watershed protection. Applied research for The Sustainable Universities Initiative.
Doug Webb, The South Carolina Recreational Use Statute: an Analysis, Comparison and Critique.
The focus of this paper is to review in detail the South Carolina Recreational Use Statute, examine how the courts have interpreted the statute, and propose changes to the statute that would provide more incentive for private landowners to make property available to others for recreational use. The author provides a list of possible additions and amendments that would strengthen the South Carolina legislature=s intended goal of limiting landowner liability while ensuring the continued use of private property by the public for recreational purposes. Applied research for South Carolina Department of Parks and Recreation.
J. Matthew Whitehead, Protecting Billboards in South Carolina at the Expense of Local Government: the Proposed "Billboard Protection" Bill, H3381/S420.
This paper discusses the monetary implications to local governments in South Carolina resulting from the loss of amortization as a land use tool and the requirements of the proposed South Carolina Landowner and Advertising Protection and Property Valuation Act. The paper concludes that the bill is overly restrictive and prevents local government from having control over the appearance of their community. Applied research for Coastal Conservation League.
Christopher Jason Woodyard, A Look at the National Environmental Policy Act & Public Participation: Suggesting the Creation of a Sub-Council on Public Involvement.
This paper is an effort to concisely discuss the National Environmental Policy Act (NEPA)'s creation, evaluate the role of public involvement with regards to NEPA, and advocate for public involvement reform. The author develops a proposal for the creation of a new Council on Environental Quality Sub-Council on Public Involvement (SCPI). This paper concludes that it is important that public participation in the NEPA context is streamlined and efficient, a goal which the SCPI would work towards.

Spring 2005 Environmental Law of South Carolina Papers

Jeremy E. Bowers, The Aviall Condition: An Analysis of the Supreme Court Decision in Aviall and a Discussion of the Effects of the Decision on South Carolina CERCLA Law.
This paper provides and explanation of South Carolina Comprehensive Environmental Response, Compensation, and Liability Act (CERLCA) law and how the recently decided Supreme Court case, Cooper Industries, Inc. v. Aviall Services, Inc., affects such law. It begins by introducing CERCLA in a discussion of the act's purpose, scope, liability, and the development of the causes of action under § 107 and § 113. It continues by providing an overview of South Carolina CERCLA law prior to the Aviall decision focusing on several Fourth Circuit and District Court of South Carolina decisions developing the causes of actions available to different types of parties under § 107 and § 113 of CERCLA. The paper goes on by describe the Supreme Court's holding and analysis in Aviall and highlighting the questions left open by the Aviall decision, followed by the author's explanation as to why the Supreme Court reached the wrong conclusion in Aviall. Finally, this paper discusses the impacts the Aviall holding will have on the remedies available to CERCLA parties in South Carolina and the procedures the parties will need to follow.
Jason Bybee, An analysis of the SC Pollution Control Act and DHEC's authority under Section 48-1-90(a).
This paper attempts provide the reader with a historical analysis of the changes in South Carolina case law that have either sustained or altered the broad authority of the Pollution Control Act. The author concludes that unless DHEC oversteps its bounds procedurally or with respect to making a decision that is vested with another authority (i.e., zoning), the case law doesn't seem to suggest much change in their authority under the Pollution Control Act.
Caroline Coward, Anticipating the Future of Conservation Easements in South Carolina and Nationwide.
This paper discusses recent abuses of conservation easements both nationally and in South Carolina, and sets forth an hypothesis about the future of such easements. The author concludes that, because the abuse is estimated to involve a minimal number of users as compared to the many users with widespread success, supporters of conservation easements are in a position to make a convincing argument for maintaining current levels of tax incentives for conservation, but with stricter enforcement of the rules governing them.
Elizabeth A. Davis, New Source Review and Recent Reform.
This paper looks at both the December 2002 and October 2003 revisions to the Clean Air Act New Source Review program, a construction or preconstruction permitting program that requires stationary sources of air pollution to obtain permits before building new sources or modifying existing sources. The author concludes that these revisions have both beneficial and negative impacts, but posits that the impacts may balance each other out and provide a fair compromise between the desires of environmentalists and industry.
Jonathan Dunlap, South Carolina and the fuel cell economy.
This paper investigates the kind of economic development conditions that are necessary to bring the fuel cell industry to South Carolina, and place the state at the forefront of what could potentially be a revolution in environmentally friendly energy production. It first describes a current theory on economic development comparing the traditional incentives states uses to attract business with more progressive incentives. Then it examines four case studies of local governments that made efforts to attract the high technology industry using a combination of these incentives. It concludes with an analysis of the lessons learned from those case studies, in the context of the economic development environment in South Carolina.
Kathryn Free, South Carolina Responds to Beach Erosion: Is Beach Nourishment The Last Line of Defense Against an Armored Coastline?
In an analysis of beach erosion and nourishment, this paper provides an overview of the causes of beach erosion, technology used to combat erosion and the federal and state legislation addressing shoreline preservation. It includes a discussion weighing the benefits and consequences of beach nourishment and concludes that beach nourishment may not be the most economically and environmentally sound policy to preserve South Carolina's coastline. Despite this conclusion, the author acknowledges that based on current laws, court decisions, and agency policy, beach nourishment may be the only line of defense currently available to prevent the armoring (use of hard structures) of South Carolina's coastline. The author closes with a call for South Carolina leaders to take the next step to find a more cost-efficient and environmentally safe way to preserve its beaches for future generations.
Steven B. Johnson, The History and Duties of the Public Trust Doctrine in South Carolina: How Do We Fare?
This paper examines the Public Trust Doctrine as it is applied in South Carolina. It concludes the relatively recent buttressing of the public trust doctrine in South Carolina represents a larger trend of increasing environmental controls and protective legislation. The author argues that the recent developments in this arena reflect the fact that the State of South Carolina has taken an affirmative role in its duties as trustee in protecting the public's interest where the public trust applies.
S. Alexander Long Jr., Town & Country: A New Approach to the Problem of Urban Sprawl.
This paper examines a new concept called Town & Country Comprehensive Development Plan of Richland, South Carolina that incorporates many smart growth principles and purports to create a balance between development needs and sustainable growth. It has been touted as both pro-growth and pro-preservation. However, there have been significant criticisms from both land developers and rural property owners in the southeastern part of the county. This paper analyzes the Town & Country plan in light of the above issues, concluding that with full implementation of the plan and enforcement by the county, residents should be afforded many different choices in addition to traditional urban life without many of the negative side effects often associated sprawl.
Paul Simons, Jr., Dock Proliferation Along South Carolina's Coast: an Inquiry into the Causes, Impact and Potential Solutions.
The purpose of this paper is to survey the environmental impact docks pose to the coastal ecosystem and briefly explore the ecological functions estuaries provide. In addition, it explains the dock permitting process in South Carolina. The author concludes with potential solutions to the dock proliferation that has occurred along South Carolina's coastal region.
Bachman Smith, The South Carolina Conservation Bank Act: A Legislation and Implementation Analysis.
This paper discusses the South Carolina Conservation Bank Act, which passed in April of 2002 and received state funding in 2004 enabling it to make its first grant awards in early 2005. The paper discusses the fact that the Act provides funding to purchase and protect valuable natural land in the state. It asserts that the Act is a success and is improving the lives of the people of South Carolina, pointing especially to the diversity of lands currently protected by the Act.
Mardi Smith, Memorandum regarding Lake Murray.
This paper was drafted in memorandum form to make it useful to those dealing with issues in and around Lake Murray, South Carolina. The memorandum answers the following questions: 1. Who owns Lake Murray and where does Lake Murray get its authority?; 2. What is the environmental status of Lake Murray?; 3. What causes pollution in Lake Murray and other bodies of water in the United States?; 4. What federal environmental laws and regulations apply to the situation?; 5. What state environmental laws and regulations apply to the situation?; 6. What obligations and rights does DHEC have to work on the situation?; 7. What can be done about the environmental situation of Lake Murray?
Sara J. Volk, An Examination of South Carolina's Water Quality Standards: the purpose, the scope, and the effectiveness.
This paper examines South Carolina's water quality regulations and their purposes and evaluates the effectiveness of the regulations. The author concludes that South Carolina's water quality regulations, created by the South Carolina Department of Health and Environmental Control in compliance with the Federal Water Pollution Control Act and under the authority of the South Carolina Pollution Control Act, have served their purpose of improving water quality. The system of standards established in these regulations (including Total Maximum Daily Load program, a National Pollutant Discharge Elimination System, and a Nonpoint Source Pollution Program) help maintain water quality.
J. Matthew Whitehead, Conservation in South Carolina: Achieving Maximum Effectiveness.
This paper reviews and assesses community-based environmental advocacy in South Carolina. Various environmental organizations operate continually within South Carolina and are often more prominent in their environmental advocacy efforts than grassroots, community-based groups that may form solely to advocate a particular stance on a singular, community issue. This review attempts to survey environmental advocacy in South Carolina by considering and discussing: (1) organizational background of several environmental groups; (2) issues these groups address; (3) strategies and tactics employed by such organizations; and (4) successes and failures within the recent past, including possible external issues that factor into their abilities. The paper concludes that South Carolina environmental organizations need to take the helm and continue emphasizing reinvestment into the debate of how to strengthen existing, as well as creating new, instruments for environmental advocacy within South Carolina.

Spring 2005 Coastal Conservation Seminar Papers

Jay A'Hern: Hummocks, Takings, and the Public Trust Doctrine.
This paper first addresses the importance of marshes generally, and marsh islands, in particular. Then, it addresses the current state of regulation towards marsh islands, including the recent opinion letter by Attorney General Henry McMaster. Next, it discusses the relevant history of takings laws and how it could affect efforts to curtail development in the coastal zone. Finally, the paper discusses the public trust doctrine and why it should be read to protect islands in the coastal zone. The paper then sums up the implications on marsh islands from all of these competing forces.
Amanda M. Barnhardt: Debating the Deductibility of Donations of Conservation Easements: Why Congress's Proposed Changes to IRC §170(h) will Fail to Eliminate Government Waste.
This paper begins with the suggestion that lawmakers, in proposing changes to IRC §170(h) with little concrete evidence, have hastily and incorrectly jumped to the conclusion that the tax deduction for conservation easements needs to be reduced. To support this claim, the paper analyzes countervailing arguments and evidence, and from this analysis, develops measures for reforming IRC §170(h) and suggests alternative means of achieving conservation goals. The conclusion of this paper is that the current deduction should remain in place, with more targeted approaches to eliminating the limited abuses of the deduction system, and should be combined with other conservation-minded initiatives.
Katryna D. Bevis: Stopping the Silver Bullet: How Recreational Fishermen Can Use the Public Trust Doctrine to Prevent the Creation of Marine Reserves.
This paper discuses how the public trust doctrine, which has historically been a useful tool in protecting environmental resources, can actually be used by fisherman as an obstacle to the creation of environmentally-protective marine reserves. Using the old public trust adage that what belongs to none belongs to all, both commercial and recreational fisherman are demanding open access to environmentally significant waters. After further exploring marine reserves and public trust, this paper concludes that the public trust claims of recreational fisherman are unlikely to be successful in litigation but may find some success in influencing legislation.
Kimberly Boan: The Clean Water Act: What You Don't Know Can Hurt You.
This paper highlights the Clean Water Act, beginning with a brief overview of its statutory scheme and then focusing on the elements of a Clean Water Act offense, court interpretation of these elements, and ramifications of such interpretation. Finally, the criminal consequences of violating the Act are analyzed along with enforcement of the Act in South Carolina. The conclusion of this paper is that although there have not been many prosecutions for environmental crimes in South Carolina, the prosecutions that have taken place demonstrate that environmental crime in South Carolina will be punished and will not be punished lightly.
Jennifer L. Camp: South Carolina Attorney General Henry McMaster's Opinion Letter on Title to Marsh Islands: The History Behind It and the Validity of Its Authority.
This paper looks at the 2003 opinion letter of South Carolina Attorney General, Henry McMaster, in which he stated that to have title to a marsh island, you must have title to the marsh and this title must be directly traced to a King's Grant. This paper examines the validity of the King's Grant requirement and eventually determines that the requirement is valid. This paper also examines the history of land granting in South Carolina and the history of the public trust doctrine in the United States and South Carolina.
Callie Campbell: Cooper Industries, Inc. v. Aviall Services, Inc.: A Superfast End to Voluntary Cleanups and Efficient Environmental Management.
This paper discusses how a recent decision of the Supreme Court discourages owners of contaminated land from conducting voluntary cleanup by making recovery of cleanup costs unlikely, thus placing a larger burden on the already strained EPA. In particular, this paper explains how Cooper Industries cut off voluntary cleanup cost contribution under § 113 of the CERCLA, previously the most common source of contribution, and evaluates alternative sources of contribution. The paper concludes by discussing how the treatment of CERCLA § 107 in the courts will determine the future of voluntary cleanup and the CERCLA itself.
T. Hamilton Davis IV: Preserves or Parking Lots: The Future of South Carolina's Marsh Islands.
In analyzing the future of South Carolina's marsh islands, this paper looks at Attorney General Henry McMaster's recent opinion letter, four decisions of the South Carolina Supreme Court, and policy implications from the public trust doctrine. In addition, the paper then compares South Carolina's wetland policies to those in our neighboring states, North Carolina and Georgia. The conclusion of the paper is that, by relying on the public trust doctrine to protect marsh islands, South Carolina's marsh islands are safe for the moment.
Danielle Evans: The Regulation of Wetlands After SWANCC: A Look at How courts and the Corps of Engineers Define Federal Jurisdiction Over Isolated Wetlands.
This paper discusses the jurisdiction of the Corps of Engineers over wetlands in the wake of the Supreme Court's decision in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers. It starts with a discussion of the Clean Water Act, from which the corps gets its jurisdiction, and then moves into a discussion of both pre and post-SWANCC court decisions. The ultimate conclusion of this paper is that until the Supreme Court or Congress clarifies the extent of the Clean Water Act's jurisdiction, the corps should be exerting jurisdiction to the broadest extent allowed within each judicial circuit.
Tindal Hart: South Carolina's Coastal Islands: Issues of Ownership and Access.
The purpose of this paper is to analyze the laws, regulations, and common law rules that affect ownership of islands within tidal marshes in South Carolina. The paper focuses on the recent opinion letter of Attorney General, Henry McMaster, in which he asserted the common law presumption that ownership of tidal and coastal islands is in the State and a recent South Carolina Supreme Court decision which makes it more difficult for the state to limit development of small coastal islands. Finally, the paper proposes possible solutions for lessening the impacts of development on marsh islands while still protecting private property rights. Among the suggestions of the paper is the development of a clearer mechanism for clearing title to coastal islands and clearer regulations regarding bridge access to small islands.
Gregory Holland: The Use of Planned Unit Developments for Environmental Protection in South Carolina.
This paper introduces the reader to planned unit developments (PUDs), which the paper suggests can prevent environmental degradation by reducing urban sprawl and the spread of impervious surfaces. The paper suggests that the two key characteristics of a PUD are cluster housing, allowing higher population density, and mixed uses, allowing incorporation of commercial sites. After comparing the costs and benefits of PUDs, the paper takes a look at the PUD regulations in several South Carolina cities.
Jermaine Johnson: Remedies for the Adverse Economic Impact of Environmental Regulations in the Context of the United States Fishing Industry.
This paper starts with an overview of the overfishing problem within the United States fishing industry and the regulations passed by state and federal agencies that attempt to remedy the problem. The paper next examines laws that state legislatures and Congress have enacted to make the agencies consider the economic impact on small businesses from their regulations. Finally, the paper determines whether it is the fisheries or the fishermen who are receiving more protection. The conclusion of the paper is that legislation passed to help the small fishermen, while successful, is allowing the overfishing problem to persist.
Sierra Jenell Jones: Ecological Effects of Climate Change.
This paper starts by contrasting past variations in global temperature, which were due primarily to forces such as solar irradiance and volcanism, to the current upswing in temperature due to anthropogenic sources. Among the many consequences of the current warming, this paper focuses on the potential changes in the geographic distribution of organisms with sensitive internal thermal limits. In particular, this paper presents a study of the potential effects that ocean warming will have on the distribution of two species, Mytilus edulis and Semibalanus balanoides, whose southern geographic limit is Cape Hatteras, North Carolina. The conclusion of this paper is that if temperatures continue to rise, the two species will soon no longer be able to inhabit the Cape Hatteras area.
Leslie Kennerly: The Development and Protection of Coastal Georgia's Marsh Hammocks.
Through a case study of Georgia marsh hammocks, this paper examines the conflicting desire to expand development along the coast, while at the same time protecting its natural beauty and environmental resources. The paper starts by establishing the environmental importance of marsh hammocks and then analyzes the debate over whether the islands should be developed. The paper concludes that the intent of the Georgia legislature is to protect the hammocks but more is needed in the way of regulations to effectuate this intent.
Abigail Maxwell: Developing the Wilderness Act of 1964: How Politics has Affected the Ground-breaking Wilderness Protection Legislation.
The purpose of this paper is to analyze the wilderness protection movement in the United States from its origins in the late 1800's to present day policy. This paper begins with an introduction to the government agencies involved in wilderness management. From there, it moves into a discussion of wilderness protection history and finally into an analysis of the wilderness protection policies of the last two presidential a
Trey McLeod: Conversion of South Carolina's Public Lands to Private Property.
This paper begins with a discussion of the history of public land establishment in the United States. From here, the paper moves into a discussion of two more local public land issues: the development of the Clemson University Experimental Forest and the damming of the Tyger River. In particular, this paper assesses the legal status of the two public lands and tries to determine what can and cannot be implemented under existing federal laws. The paper ultimately concludes that the law does not support development of the Experimental Forest and that more public debate is needed on the Tyger River issue.
Matt Randall: The Heat is On: America's Coasts and the Dangers of Global Warming.
This paper serves as an analysis of many aspects of the global warming problem caused by increased concentration of greenhouse gases. In particular, this paper focuses on global warming in South Carolina and answers such questions as what will be the consequences, what can we do about it, and who pays for it. The conclusion of this paper is that South Carolina has not done enough to prepare for the possible repercussions of global warming.
W. Matthew Rogers: Post-SWANCC South Carolina: The Future of Intrastate, Isolated Wetlands Protection.
This paper discusses the state of wetlands in the wake of the Supreme Court's decision in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers. In particular, this paper explains the void in wetlands protection left by the decision, establishes why wetlands protection is important, and discusses the efforts in South Carolina thus far to fill the void. This paper concludes by suggesting a future course of action for wetlands protection.
Sara Smoot: Littoral Rights Along South Carolina's Coast.
The purpose of this paper is to compare the littoral rights property owners have today under our statutory system with the traditional littoral rights held under common law. In reaching this purpose, the paper attempts to provide a definition of littoral rights in the common and statutory law and lays out how state and local governments regulate littoral rights.
Strat Stavrou: A Comparative Analysis of the Beach Erosion Policies of South Carolina, North Carolina, and Florida.
This paper begins with a discussion of the growing problem presented by beach erosion, focusing on several South Carolina beaches. Then, as the title indicates, the paper moves into a comparison of the beach erosion policies in several states. This comparison leads to the conclusion that South Carolina and Florida's beaches could benefit by adopting standards closer to that of North Carolina. In regard to South Carolina, the paper suggests that the legislature's drive to maximize development of the coast conflicts with policies needed to prevent beach erosion.
T. D. Williams, IV: The Birth, Life, and Death of American Coastal Conservation: A survey of the Public Trust Doctrine.
This paper is a thorough analysis of the history, content, and function of the public trust doctrine, "one of the most important and far-reaching doctrines of American property law." The paper points out that although it is well understood that the public trust doctrine guarantees the public some level of access to beaches, there are still numerous questions left to be answered regarding the extent of access. The paper concludes that the resolution of questions like whether parking, lifeguards, and restrooms are a part of public access will have a significant impact on beaches and communities.