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Georgia

Turner v. Georgia River Network

Georgia's highest court held that the state's 25-foot buffer zone for development projects along state waters does not apply to wetlands. The applicable statute does not require a buffer for state waters alongside banks without "wrested...

Georgia River Network v. Turner

A Georgia appellate court held that the 25-foot buffer requirement set forth in Georgia’s Erosion and Sedimentation Act applies to all state waters and wetlands, not just those with vegetation wrested by normal stream flow or wave...

Longleaf Energy Assocs., LLC v. Friends of the Chattahoochee

A Georgia appellate court reversed a lower court decision invalidating a state environmental agency air quality permit allowing an energy company to construct a pulverized coal-fired electric power plant in southern Georgia. The lower...

Walker County v. Tri-State Crematory

A Georgia appellate court affirmed a lower court decision dismissing a county's contribution claim against a crematory under the state's hazardous waste law. The "corrective action" referenced in the Hazardous Site Response Act does not...

Friends of the Chattahooche v. Couch

A Georgia court vacated a state air pollution permit allowing an energy company to construct and operate a 1,200 megawatt coal-fired power plant. Because there was no effort to identify, evaluate, or apply available technologies that...

International Brominated Solvents Ass'n v. American Conference of Governmental Indus. Hygienists

A district court dismissed claims that the workplace safety exposure levels—or threshold limit values—for silica, copper, n-propyl bromide, and diesel particulate matter are adopted by the American Conference of Governmental Industrial...

Coastal Marshlands Protection Comm. v. Center for a Sustainable Coast

The court held that the Georgia Coastal Marshlands Protection Act (CMPA), which regulates activities and structures in marshlands, may not be construed to regulate activities or structures in high land or upland areas, including...

Southfund Partners III v. Sears, Roebuck & Co.

The court holds that a company is not entitled to recover response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) from the former owner of property contaminated by leaking underground...

Johansen v. Combustion Eng'g, Inc.

The court holds that a district court properly reduced a $15 million punitive damage award to $4.35 million in a nuisance and trespass case against a mining company that contaminated neighboring property owners' streams. The court first...

Sierra Club v. Martin

The court holds that the U.S. Forest Service arbitrarily and capriciously approved seven timber sales in the Chattahoochee and Oconee National Forests in Georgia. The court first holds that the Forest Service's failure to gather...