South Carolina allows some federal lawsuits over transportation environmental reviews

South Carolina consents to federal lawsuits over transportation environmental review duties it accepts from the federal government. Consent covers responsibilities accepted under the National Environmental Policy Act Assignment Program, identified as 23 U.S.C. Sections 326 and 327. The transportation secretary must sign an agreement with the U.S. Department of Transportation accepting federal court authority. Before signing, the state attorney general must issue a legal opinion saying the agreement and consent to lawsuits are valid and binding. The challenged action or failure to act must relate to accepted responsibilities, and the agreement must have been in effect when it occurred. This provision took effect July 1, 2026.

The South Carolina transportation secretary must issue a manual explaining how the transportation department will carry out accepted federal environmental review duties. These duties concern the National Environmental Policy Act Assignment Program, which lets the state take on federal environmental review responsibilities. The department must allow at least 30 days for public comments on the draft manual before issuing the final version. Yearly reports must be publicly available on the department's website and cover time savings, positive and negative financial effects, and legal challenges. These provisions took effect July 1, 2026. The manual deadline runs from submission of the application to take on the federal responsibilities.

The South Carolina transportation secretary may coordinate with other state agency heads on environmental decisions needed to speed transportation projects. This covers agencies responsible for environmental services, natural resources, and archives and history, along with other agencies that may affect these decisions. Agency heads must respond to the transportation secretary's requests. The yearly report must cover all state agency activities involving permits and environmental decisions for transportation projects. These provisions took effect July 1, 2026.

The law sets July 1, 2032, as the expiration date for the highway construction requirements in Section 57-5-880. The deadline applies to Section 57-5-880, added by Act 36 of 2019. The General Assembly may extend the requirements beyond that date. The expiration-date provision took effect when the governor approved the law on May 22, 2026.