The Public Service Commission of South Carolina recently dismissed a challenge seeking to halt construction of Valara Holdings LLC’s high-performance computing facility in Spartanburg County and require the project to undergo review under the South Carolina Utility Facility Siting and Environmental Protection Act. The Commission held that it lacked subject matter jurisdiction because Valara’s proposed generating facility is designed to provide electricity solely for the company’s own use and will not furnish power for public use. The Commission further held that private parties cannot use Commission proceedings to enforce the Siting Act. The Commission subsequently denied a petition for rehearing and reconsideration.

The Spartanburg County Court of Common Pleas dismissed a lawsuit challenging permits associated with Valara Holdings LLC’s high-performance computing center in Spartanburg County. The court held that the plaintiffs lacked standing to pursue certain claims and, more importantly, failed to exhaust available administrative remedies before seeking judicial intervention. The ruling reinforces longstanding South Carolina law requiring parties to pursue local zoning and land-use appeals through prescribed administrative channels before turning to the courts.

The Fourth Circuit recently upheld a $63,000 attorney fee award to WHD against defendants in a securities class action who repeatedly tried – and failed – to move the case from state court to federal court. The court ruled that once jurisdiction had been decided, the defendants’ repeated removal attempts were objectively unreasonable and simply drove up costs for the plaintiffs. The decision reinforces that plaintiffs have the right to structure their cases for state court when the law allows, and that defendants who ignore those boundaries risk significant financial penalties.

WHD obtained a complete victory before the Fourth Circuit on behalf of the City of Myrtle Beach. The Court unanimously rejected claims that the City targeted minority-owned and minority-patronized businesses, finding instead that its actions were lawful responses to violent crime in the “Superblock.” Partner Walker Humphrey successfully argued for the City, supported by Margaret O’Shields, Hunter Pope, and Mike Battle. The ruling affirms municipalities’ authority to address public safety and balance nightlife with residents’ needs.