When is it appropriate for the Attorney General to become involved in an environmental matter or case?
A clarification from the office of Attorney General Henry McMaster
The Attorney General is the chief prosecuting officer for the state with authority to supervise the prosecution of all criminal cases in the courts of record. Therefore, when something happens in the State that amounts to an environmental crime, the Attorney General steps in to prosecute.
Moreover, our Supreme Court has emphasized the common law and statutory duties of the Attorney General as the chief law enforcement officer of the state by stating that the Attorney General may, “in the absence of some express legislative restriction to the contrary, exercise all such power and authority as public interests may, from time to time, require, and may institute, conduct and maintain all such suits and proceedings as he deems necessary for the enforcement of the laws of the State, the preservation of order, and the protection of public rights.”
Pursuant to this broad power, the Attorney General may choose to become involved in an environmental case when he deems it necessary to protect the public interest. In the water case with North Carolina, the Attorney General initiated a suit against the state of North Carolina in order to protect South Carolina’s water rights in the Catawba River.
The role of the Attorney General is one of law not one of public policy The Attorney General must focus on what law says and how best to enforce that law.
The Attorney General Takes Action
“Proof of ownership recommended to build island bridges”
...Anyone wanting to build a bridge to a marsh island will have to prove first that the state of South Carolina doesn’t own it, according to an opinion issued by the SC Attorney General…Jessica Flathmann, The Island Packet, December 27, 2003
“McMaster pursues polluters: Attorney General determined to push legislation”
...Attorney General Henry McMaster hopes to rally popular support to let the state grand jury investigate white collar environmental crimes...Bo Petersen, Post & Courier, November 16, 2004
“McMaster rips DHEC for secrecy”
...In a legal opinion this week, McMaster said the Department of Health and Environmental Control should have been more forthcoming with data to help state officials make better decisions about the controversial [Barnwell] landfill…Sammy Fretwell, The State, November 9, 2007
“Amid drought, South Carolina sues North Carolina over water from shared river”
… “There’s nothing more precious that water except maybe oxygen,” South Carolina Attorney General Henry McMaster said at a news conference announcing the lawsuit. “So far, the oxygen supply seems to be all right, but we’re running out of water.”...Meg Kinnard, Associated Press, June 7, 2007