Judge Tosses Federal Permit for South Carolina Cruise Terminal

In a victory for environmental and preservation groups, a federal judge has tossed out a permit for a planned $35 million South Carolina cruise terminal, saying the U.S. Army Corps of Engineers did not adequately review the project's effects on the area.

His decision to send the permit back to the Corps for a more complete review came in a lawsuit seeking to invalidate the permit because the agency did not properly consider what problems the terminal possibly could bring to the environment and the city's historic district.

Attorneys for the Corps said work affecting the nation's navigable waters, which is what the agency reviews, consists only of installing five new clusters of pilings beneath a riverfront building now used as a warehouse.

The South Carolina State Ports Authority wants to convert that warehouse into a new terminal for the city's year-round cruise industry. The Corps determined installing five clusters of pilings beneath the building would have little impact.

Gergel said there is evidence in the 1,200-page court record that the terminal is being designed for larger ships than now call and could more than triple the number of cruise passengers visiting the city.

The Ports Authority and the city have agreed to a public review of any increase in cruise business beyond present levels of around 100,000 passengers a year. The case is one of three legal challenges to the terminal and the expanded cruise industry.

Another case before the state Supreme Court contends the cruises are a public nuisance and violate city zoning ordinances. That suit seeks to block cruise operations and have the court declare it illegal to build the terminal.

Carnival Cruise Lines permanently based its 2,056-passenger liner Fantasy in Charleston in 2010, giving the city a year-round cruise industry. Before that, cruises made port calls, but no ships were based in the city.