ORDERS:
ORDER CONSOLIDATING CASES
Pending before the Administrative Law Court are two appeals of the final agency decision by Respondent South
Carolina Department of Health and Environmental Control (DHEC) to issue a
Modified Permit to Respondent United States Department of Energy (DOE) the
Savannah River Site Z-Area Saltstone Disposal Facility permit, Facility ID No.
025500-1603. Counsel for Respondents DOE and Washington Savannah River
Company, LLC, have moved this Court to consolidate the two (2) dockets for
purposes of hearing.
Rule 19(D), RPALC, and
Rule 42(a), SCRCP, provide for the consolidation of actions involving a common
question of fact or law. Inasmuch as the dockets involved common question so
flaw and fact and the evidence presented will be substantially the same, it
appears to the Court that the interest of judicial economy would best be served
by consolidating these dockets, and consolidation would further simplify the
proceedings before the Court.
Additionally,
consolidation of these two dockets for hearing purposes does not affect the
reservation of all arguments before the Court in any of the cases. Therefore,
IT IS HEREBY ORDERED that all documents previously filed in Sierra Club vs. South Carolina
Department of Health and Environmental Control and United States Department of
Energy, Docket No. 07-ALJ-07-0144-CC are hereby incorporated into Docket No.
07-ALJ-07-0121-CC. All future filings should be written as reflected on the
face of this Order.
IT IS FURTHERMORE
ORDERED that Docket No. 07-ALJ-07-0144-CC is hereby DISMISSED.
AND IT IS SO
ORDERED.
_______________________________
Ralph King Anderson, III
Administrative Law Judge
April 18, 2007
Columbia, South Carolina
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