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S.C. Supreme Court mulling Savannah River lawsuit
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COLUMBIA — A state agency broke the law when it shut out the river commission from negotiations over dredging the Savannah River, the top justice on South Carolina’s highest court argued Tuesday, saying the agency “rubber stamped” an agreement with Georgia officials on the project.

“You disobeyed the law when you did not involve the Savannah River Maritime Commission in the settlement of this matter,” Chief Justice Jean Toal said to John Harleston, an attorney for South Carolina’s Department of Health and Environmental Control, during a hearing.

Lawmakers set up the maritime commission in 2007 specifically to deal with issues related to dredging the river. It became a big player in the port battle last fall, when the DHEC board approved permits allowing the digging to begin so bigger ships could reach the Savannah port when the Panama Canal is widened in two years.

DHEC staff had initially turned down the requests, but the agency suddenly reversed itself after Georgia Gov. Nathan Deal flew to Columbia to meet with South Carolina Gov. Nikki Haley, who appoints the members of that board. Environmental groups are suing DHEC, saying that the commission, not the other agency, is charged with making decisions about the $650 million project in the river that serves as the state line for South Carolina and Georgia.

Last month, the commission sided with environmentalists, ruling that a deeper channel would bring down water quality and opting to limit channel depth to 45 feet — two feet off the corps’ proposed depth of 47 feet.

On Tuesday, Harleston argued that DHEC didn’t agree that the commission had the authority to issue certain permits and said DHEC staffers had worked.

Toal took issue with the fact that DHEC’s board merely did what it was told, didn’t actively debate the issue and denied the commission’s request to participate in any discussions.

“The board didn’t do anything by way of adjudicating this,” Toal said. “They simply rubber stamped an agreement that had been reached by Georgia and the Corps of Engineers. ... What about the Savannah River Maritime Commission’s statutory involvement?”

South Carolina lawmakers were furious about the last-minute compromise on the dredging with the Georgia Ports Authority and the U.S. Army Corps of Engineers to approve the project, accusing Haley of selling out the port in Charleston, which will compete with the port in Savannah for container ships.

The move also put in doubt a proposed joint port between the two states that was supposed to be closer to the Atlantic Ocean. Under the corps’ current plans, material dredged from the Savannah River will be dumped on the planned site for the Jasper County port.

South Carolina legislators passed a bill this session retroactively suspending DHEC’s ability to make dredging decisions involving the river. The governor rejected the bill, but lawmakers overrode the veto with just one dissenting vote.

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Book review: Author digs into mining's complicated past and present in 'River of Lost Souls'
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Jonathan Thompson will speak about his book "River of Lost Souls" at the King's English Bookshop on Tuesday, April 3 at 7 p.m. - photo by Amanda Olson
"RIVER OF LOST SOULS: The Science, Politics, and Greed Behind the Gold King Mine Spill," by Jonathan Thompson, Torrey House Press, 275 pages (nf)

Plenty has been written about the very small world of a mining town and the very broad reach of a beleaguered industry. From Loretta Lynns iconic song "Coal Miners Daughter," to the 2010 nail-biting coverage of 33 trapped Chilean miners, to the hit Broadway musicals "Paint Your Wagon" and "Billy Elliot," mining is a global story, and its one of heartbreak, hard work and hard times.

Jonathan Thompsons "River of Lost Souls" examines the many facets of risk involved in taking resources from below the earths surface. An environmental journalist, Thompson has reported on southwest Colorado for over 20 years. This book is special, however, because the Four Corners area of Colorado is his current and ancestral home. Thompson is writing about minings ecological, social, financial and political impact on his land, his landscape, his water, his people. That makes "River of Lost Souls" more than a regular reporting job.

Thompson begins with the Gold King Mine wastewater disaster of 2015, which the EPA caused while attempting to drain water near the mines entrance. The spill sent 3 million gallons of waste and tailings into Cement Creek, a tributary of the Animas River and part of the San Juan River watershed which drains into the Colorado, affecting the Utah, Colorado and New Mexico parts of that watershed as well as the Navajo Nation.

From there, Thompson jumps into far stretches of time to 1765, when a Spanish explorer named the Animas River; to 10,000 years earlier, when Paleo-Indians roamed the rivers valley; to the meridian of time, when the ancestors of the Zuni, Hopi and Rio Grande Pueblo people inhabited the land for 500 years; to the mid-1800s and the Swedes who came to Silverton, Colorado, to mine.

Its a grand scope, but telling any story of landscape is telling a very grand story.

It also makes a complex story difficult to follow. Thompsons time warps are important, but they are jarring. His time jumps need clear dates, and Thompson doesnt always make them available. A map would also be useful. Thompsons writing is good, but his sentences can be dense and require readers to do their own mining for the riches the writing embeds. The work is worthwhile, however, as there are many moving parts in any story about mines land, culture, policy, history, money, inevitable disaster and Thompson works to examine all of them.

"River of Lost Souls" is a thoughtful read, but not a quick one. Because Thompsons writings come from 20 years of his newspaper reports, the overall feeling can be disjointed and sparse, which is distracting if one is expecting to follow a tenable thread. This is not a typical narrative with a cast of characters and a traditional story arc. Readers should approach this text as the investigation it is: puzzle pieces of a larger-than-life story that is eons old. If you are the kind of reader who wants it laid out cleanly, this is not that book. But, to Thompsons point, nothing is clean about mining that has never been the case.

Thompsons best writing is in his descriptions of people and places. His telling of how he came to Silverton is familiar and engaging. If readers approach the book with care and attention, they will be rewarded with savoring these descriptive passages when they happen.
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