Story by Joel Berly
November 3, 2025
Residents in South Carolina face serious health and quality-of-life challenges due to air pollution from industrial facilities, vehicle emissions, and agricultural practices. Legal pathways exist for those affected, but proving harm and navigating complex regulations remain difficult. Key points include:
If pollution affects your health or property, documenting evidence and consulting an attorney early is critical. Legal firms like Berly Rouse Attorneys specialize in these cases, offering contingency-based representation to help victims seek justice without upfront costs.
South Carolina struggles with air quality issues stemming from various pollution sources that directly influence the health and day-to-day lives of its residents. The state’s mix of industrial activity, urban traffic, and agricultural practices creates a complex web of challenges for communities.
Here’s a closer look at the main contributors to air pollution in the state.
Industrial facilities are a major contributor to air pollution across South Carolina. Manufacturing plants, power stations, and processing facilities release harmful pollutants into the air. For example, the New Indy Paper Mill in Rock Hill and Fort Mill faced community backlash and legal action in 2021–2022 due to hydrogen sulfide emissions that disrupted residents’ lives. Similarly, MacLean Power Systems in Newberry County violated both EPA and state standards for hazardous air pollutants, while Stephens Services, LLC in Calhoun County failed to report emissions of volatile organic compounds (VOCs) and other hazardous substances as required by law.
Vehicle emissions also play a big role in air quality issues. Major highways like I-26 and I-85, along with urban centers such as Charleston and Columbia, see heavy traffic that produces nitrogen oxides, carbon monoxide, and fine particulate matter. These pollutants not only contribute to smog but also pose respiratory health risks, especially during rush hours in densely populated areas.
Agricultural practices add to the problem. Fertilizers and pesticides release ammonia and other chemicals into the air, while activities like plowing and harvesting generate dust and particulate matter. Livestock operations emit methane, and the open burning of agricultural waste remains a persistent issue in rural communities.
PFAS contamination is an emerging concern in South Carolina. Often called “forever chemicals,” PFAS are released by industries like textiles, electronics, and automotive manufacturing. These chemicals don’t break down easily and can contaminate air, water, and soil, posing long-term environmental and health challenges.
Together, these pollution sources create a mix of risks that directly impact public health.
The health effects of air pollution in South Carolina are serious. Respiratory issues are among the most pressing concerns. Pollutants such as particulate matter (PM2.5 and PM10), ozone, nitrogen oxides, sulfur dioxide, and VOCs combine to create a toxic environment that can make breathing difficult and harm overall health.
Certain groups face greater risks, including children, older adults, and individuals with existing health problems. Short-term exposure to polluted air can lead to coughing, throat irritation, and difficulty breathing. Over time, extended exposure increases the likelihood of developing asthma, bronchitis, cardiovascular disease, and even lung cancer.
PFAS exposure presents a different set of risks, often taking years to surface. In March 2023, South Carolina filed a lawsuit against PFAS manufacturers, accusing them of widespread contamination that has harmed drinking water, groundwater, wildlife, and soil.
Communities near industrial facilities and agricultural operations are especially vulnerable. Residents in these areas often face higher pollution levels, raising concerns about environmental justice across the state. Rural communities near large-scale farming or open burning sites are similarly affected.
Research on both national and regional levels consistently shows a link between higher pollution levels and increased hospital admissions for respiratory and cardiovascular issues. Although the South Carolina Department of Health and Environmental Control (DHEC) monitors air quality and flags violations of federal standards, these breaches often coincide with elevated rates of asthma and other health problems in affected areas.
To navigate air pollution lawsuits in South Carolina, it’s essential to understand the interplay between state and federal regulations. These laws form the backbone of legal claims, but conflicts between them can make the litigation process tricky and, at times, frustrating. Together, they shape the landscape for addressing air pollution-related disputes.
The South Carolina Pollution Control Act (PCA) bans the release of harmful air pollutants and gives the Department of Health and Environmental Control (DHEC) the authority to enforce these standards. On the federal level, the Clean Air Act (CAA) establishes nationwide emissions rules, which can sometimes override state-level claims. Violations under the PCA have resulted in hefty fines, serving as a foundation for many claims seeking compensatory damages.
The PCA provides a local avenue for addressing pollution issues, but federal preemption under the CAA can limit the scope of state-based claims. This overlap can both empower and restrict legal actions, depending on the circumstances.
Even with these laws in place, pursuing air pollution claims comes with significant hurdles. One of the biggest challenges is proving a direct link between pollution and harm. Plaintiffs need to clearly demonstrate that a specific source of pollution caused the damage they’ve suffered, which becomes even harder when multiple pollution sources exist in the same area.
Federal preemption under the CAA complicates matters further, as it can block certain claims by asserting that federal standards take precedence. Additionally, the political question doctrine often pushes courts to defer complex environmental issues to legislative or executive branches, avoiding rulings on matters deemed too technical or policy-driven.
For example, in 2025, Charleston’s lawsuit against major fossil fuel companies was dismissed. The court ruled that the claims were preempted by the CAA and involved policy questions better suited for lawmakers, not judges.
Despite these obstacles, there have been successful cases. In March 2023, South Carolina filed lawsuits against PFAS manufacturers to recover environmental cleanup costs and safeguard public health. Beyond statutory claims, individuals can still pursue legal action for nuisance, trespass, or negligence when they can provide adequate proof of harm.
Understanding these legal complexities is crucial for crafting a compelling case and seeking rightful compensation.
Filing an air pollution lawsuit in South Carolina requires careful preparation and a clear understanding of the legal process. Each step involves gathering the right evidence and working with legal professionals to build a strong case against those responsible for the pollution.
Building a solid case starts with collecting detailed evidence. Begin by documenting the source and type of pollution. Take photos or videos, and keep a record of dates, times, and locations where the pollution was observed. This information helps establish a timeline and link the pollution to its source.
Medical records are a key piece of evidence. If you’ve experienced health issues that might be connected to pollution, seek medical attention right away. Keep all related medical records as they can help demonstrate the harm caused by exposure. Additionally, environmental reports and air quality data from agencies like the South Carolina Department of Health and Environmental Control (SCDHEC) can provide scientific support for your claims.
Expert testimony often plays a critical role in these cases. Medical professionals can explain how the pollution impacted your health, while environmental scientists can analyze the data to show the connection between pollution and harm. Statements from neighbors or community members who experienced similar effects can also strengthen your case.
Once you’ve gathered evidence, the next step is navigating the legal process to file your lawsuit.
The process begins with an initial consultation with an attorney who specializes in environmental or personal injury law. During this meeting, the attorney will evaluate your case, review the evidence, and advise on whether your claim has merit. Early legal advice ensures all necessary documentation is preserved and your case is off to a strong start.
After the consultation, your attorney will work with experts to analyze the evidence and confirm it meets legal standards. This might include technical evaluations of pollution data and its health impacts.
The next step is filing the complaint. Your attorney will submit the required documents to the appropriate court, formally initiating the lawsuit. The complaint will outline your claims and detail the damages you’ve suffered due to pollution. Once filed, the defendant will be notified and given time to respond.
During the discovery phase, both sides exchange evidence and gather information. Many cases are resolved at this stage through settlement negotiations, avoiding the need for a trial. If a settlement isn’t reached, the case proceeds to trial, where a judge or jury will determine liability and decide on compensation.
Recent enforcement actions highlight the importance of accountability. For example, in June 2025, CS Structures, LLC faced a $4,800 fine for illegal open burning, while Stephens Services, LLC was penalized for failing to submit required emissions reports under state and federal law.
Understanding the legal process is crucial, but so is knowing the deadlines for filing your claim.
South Carolina enforces strict statutes of limitations for filing air pollution lawsuits. For personal injury or property damage claims, you generally have three years from the date the harm was – or should have been – discovered to file your lawsuit. Missing this deadline means forfeiting your right to sue.
Certain situations may have additional deadlines. For example, under the Pollution Control Act, you have only 30 days to appeal specific agency orders. These tight timelines make it essential to act quickly.
Consulting an attorney as soon as possible is critical to protecting your rights. Firms like Berly Rouse Attorneys, which focus on personal injury and environmental litigation, can guide you through the process, ensuring you meet all procedural and timing requirements. Acting promptly can make the difference between securing justice and missing your chance to hold polluters accountable.
The combination of complex legal steps and strict deadlines makes early legal consultation a necessary step in pursuing fair compensation for air pollution-related harm.
If air pollution has harmed your health or property, South Carolina law provides ways to seek financial compensation. Understanding your options is a critical first step.
Victims of air pollution can pursue both economic and non-economic damages. Economic damages cover measurable financial losses directly tied to pollution exposure. For instance, you can claim medical expenses for health problems caused by polluted air, such as respiratory issues or heart conditions.
Another major category is property damage. This includes compensation for decreased property values, cleaning up contamination, or even relocation costs if your home becomes unlivable. For example, if industrial emissions make your property unsellable, you could recover the lost market value.
You can also seek compensation for lost wages if pollution-related health issues prevent you from working or reduce your ability to earn in the long term.
Non-economic damages address pain, suffering, and emotional distress caused by exposure to pollution. Courts evaluate factors like the severity of your distress, how long it has lasted, and its impact on your daily life. Testimony from mental health experts often plays a role in determining these awards.
In cases where the polluter’s actions were especially reckless, courts may award punitive damages. These go beyond compensating victims – they aim to penalize the wrongdoer and discourage similar actions in the future.
Once you understand the damages available, the next step is deciding whether to pursue a class action or an individual lawsuit.
The decision between a class action and an individual lawsuit depends on your situation and the extent of the pollution incident. Each option has its own pros and cons, and choosing the right one can significantly affect the outcome of your case.
| Aspect | Class Action Lawsuit | Individual Lawsuit |
|---|---|---|
| Legal Costs | Shared among all plaintiffs | Individual bears full cost |
| Potential Recovery | Lower per person, but more accessible | Potentially higher but riskier |
| Case Control | Limited individual input | Full control over strategy |
| Processing Speed | Often slower due to coordination | Can be faster, depending on complexity |
| Best Suited For | Widespread harm affecting many | Unique or severe individual harm |
| Evidence Requirements | Shared resources for expert testimony | Individual must fund their own evidence gathering |
Class actions are ideal for cases where many people in a community suffer similar harm. For example, if emissions from a factory cause respiratory issues for hundreds of residents, a class action allows victims to share legal costs and resources. This approach also strengthens negotiating power against large companies, making legal action more accessible.
On the other hand, individual lawsuits are better suited for unique or severe harm. If you’ve experienced rare health conditions or extensive property damage that sets you apart from others, an individual case offers the flexibility to tailor your strategy and potentially recover higher compensation.
In addition to compensation, courts may impose remedies to protect public health and prevent future harm. These measures focus on addressing the root cause of pollution rather than just compensating victims.
One common remedy is injunctive relief, which requires polluters to stop harmful activities or adopt measures to reduce emissions. For example, courts may mandate the installation of air pollution control systems or upgrades to meet stricter standards.
Courts may also require ongoing monitoring programs to ensure compliance with pollution controls. These programs can include funding for community health initiatives or air quality monitoring systems. Such measures have been effective in cases like New Indy Paper Mill, where continuous air monitoring was implemented to protect affected communities.
Another remedy is environmental remediation, which involves cleaning up and restoring polluted areas. This could mean treating contaminated soil, cleaning groundwater, or taking other steps to repair environmental damage caused by air pollution.
These court-ordered actions often complement monetary compensation, providing a more comprehensive solution. They not only address the immediate impact of pollution but also help safeguard communities from future risks.
Navigating these legal avenues can be complex, especially when proving the link between specific emissions and harm to health or property. That’s why working with skilled legal professionals who understand both environmental science and litigation strategies is essential in pursuing justice for air pollution victims.
After discussing the legal process and potential compensation, finding the right legal representation becomes crucial. Air pollution lawsuits are among the most complex types of civil litigation. These cases demand attorneys who can navigate intricate scientific evidence and have a deep understanding of federal and state laws related to environmental issues.
The complexity of these lawsuits highlights the importance of specialized legal expertise. Courts often lack the scientific and economic resources needed to address such cases effectively. Without skilled legal counsel, tackling these challenges is nearly impossible.
Berly Rouse Attorneys offers exactly the type of specialized support that air pollution cases require. Based in Charleston, the firm focuses on environmental litigation, mass torts, class actions, and personal injury law – areas that often overlap in air pollution cases.
"We bring decades of trial experience and a relentless commitment to justice for the injured." – Berly Rouse Attorneys
The firm’s extensive experience with mass torts and class actions is especially beneficial in air pollution cases. For instance, during the New Indy Paper Mill case in Catawba, SC (mentioned earlier), the firm worked closely with communities affected by hydrogen sulfide emissions. These emissions raised serious health concerns and disrupted the lives of residents in Rock Hill, Lancaster, Van Wyck, and Fort Mill. Handling such cases involves coordinating with multiple plaintiffs, presenting expert testimony, and working with regulatory agencies.
To build strong cases, experienced attorneys collaborate with scientists, engineers, and medical professionals to establish clear links between pollution and harm. They also ensure that all evidence meets strict legal standards, making it both admissible and persuasive.
"With years of experience in state and federal courts, our team handles a wide range of legal issues. We pride ourselves on being trial lawyers who aren’t afraid to take your case to court if that’s what it takes to get the best outcome." – Berly Rouse Attorneys
This readiness to go to trial is a key advantage in air pollution cases. Large corporations and their insurers often prefer to settle quickly to avoid public scrutiny in court. Having attorneys who are fully prepared to take a case to trial provides significant leverage during negotiations.
One of the biggest hurdles for individuals pursuing air pollution lawsuits is the cost of legal representation. These cases require extensive investigations, expert witnesses, and potentially years of litigation against well-funded corporate defendants. To address this, Berly Rouse Attorneys offers contingency-based representation. This means clients pay no legal fees unless the firm successfully secures compensation on their behalf.
Given the high costs of gathering evidence – such as analyzing air quality data, consulting with medical experts, and obtaining regulatory violation reports – a contingency fee structure ensures that clients can seek justice without financial strain. This approach aligns the firm’s interests with those of its clients, motivating the team to build the strongest possible case while making justice accessible to those affected by air pollution.
Legal action can play a crucial role in addressing the health and environmental damage caused by air pollution. For instance, in May 2024, New Indy Containerboard reached an $18 million settlement after over 6,000 residents living within a 30-mile radius of their facility filed more than 17,000 complaints about noxious odors. This case highlights how collective legal efforts can influence polluters to change their behavior.
If air pollution is impacting your health or property, begin by documenting every instance of exposure. Take photos, record videos, and keep detailed notes. As mentioned earlier, solid documentation strengthens your claims. Report violations to the South Carolina Department of Health and Environmental Control (DHEC) or the U.S. Environmental Protection Agency (EPA). In some cases, a significant number of complaints have led to both state and federal intervention, resulting in substantial settlements.
Because these cases often involve complex regulations, scientific evidence, and large corporations with significant resources, it’s essential to act quickly. Filing deadlines can be strict, so documenting your experiences and consulting an attorney early can make a big difference. For more details, check the Filing Deadlines section.
If others in your community are facing similar issues, consider joining a class action lawsuit. This approach, as seen in the New Indy case, can provide collective leverage that individual lawsuits may not achieve. In that case, affected residents reported stress, sleep loss, and a reduced quality of life. Class actions often lead to structured compensation based on the severity of the documented impacts.
Experienced environmental attorneys are key to navigating the challenges of these cases. They can address scientific and regulatory complexities and take on well-funded corporate polluters, ensuring your case is thoroughly prepared.
For immediate legal assistance, Berly Rouse Attorneys offers free case consultations with no upfront fees. Operating on a contingency basis, you only pay if they secure compensation for you. To schedule a consultation, call 843-969-ATTY or email info@berlyrouse.com.
Don’t let air pollution harm your health or property without taking action. By documenting your experiences and seeking expert legal advice, you can hold polluters accountable and fight for the compensation you deserve.
Filing lawsuits over air pollution in South Carolina isn’t easy. One of the biggest hurdles is proving a clear connection between the pollution and any harm to health or property. To make a strong case, residents often need to gather extensive evidence, like medical records or detailed environmental studies.
On top of that, the maze of environmental laws and regulations can feel overwhelming, particularly when going up against large, well-funded polluters or government agencies. Turning to skilled attorneys with experience in environmental cases can make the process more manageable and increase the likelihood of a favorable result.
To link air pollution to your health issues in a legal case, you’ll need to gather compelling evidence. This might include medical records that detail your diagnosis, expert opinions from healthcare professionals, and environmental data that connects pollution levels in your area to your condition. Personal accounts of your exposure and records of symptoms can also play a crucial role in making your case stronger.
Collaborating with environmental health specialists and skilled attorneys can simplify the process. They can help you collect the right evidence and present it in a way that clearly demonstrates the connection between the pollution and your health concerns.
If air pollution in South Carolina has impacted your health or property, you might qualify for compensation through legal avenues like personal injury claims, wrongful death cases, or environmental lawsuits. These claims can help recover costs related to medical bills, lost income, emotional distress, and property damage resulting from pollution.
Consulting with a legal professional can clarify your rights and guide you toward pursuing justice and appropriate compensation.
If you need experienced legal representation in Charleston, South Carolina, contact Berly Rouse. Our team is ready to help you achieve the best possible outcome. Visit our offices or call today to schedule a consultation to discuss your case.
At Berly Rouse, we’re proud to be a leading law firm in Charleston, SC, committed to serving our community with integrity, dedication, and legal excellence. Let us put our experience to work for you.
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