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  • Columbus Water Works v. Dunn, et al.

    Publication Date: 2023-11-09
    Practice Area: Environmental Law
    Industry: Mining and Resources
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: James Clark, Thomas Gristina, (Page, Scrantom, Sprouse, Tucker & Ford), Columbus, Lewis Jones, John Fortuna, (Jones Fortuna LP), Decatur, Elizabeth Holden, Decatur, for appellant.
    for defendant: Christopher Carr, Robin Leigh, Christopher Held, (Attorney General), Atlanta, Stacy Shelton, (Us Environmemtal Protection Agency), Atlanta, for appellee; Robert Brown, April Lipscomb, (Southern Environmental Law Center), Atlanta, Kevin Jeselnik, (Chattahoochee Riverkeeper, Inc.), Atlanta, for other party; Marlee Santos, (Crowell & Moring LLP), Irvine, for AM.
    Case Number: A23A0857

    Court reverses summary determination in favor of Environmental Protection Division on an issue involving water discharge and remands for an evidentiary hearing over a challenged permit

  • Dunn et al. v. City of Stonecrest et al.

    Publication Date: 2023-08-21
    Practice Area: Administrative Law | Environmental Law | Government
    Industry: Manufacturing | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Christopher Carr, Margaret Eckrote, Robin Leigh, (Assistant Attorney General), Atlanta, Christopher Held, (Georgia Department of Law), Atlanta, for appellant.
    for defendant: Todd Pearson, (Molden & Associates), Atlanta, Winston Denmark, (Fincher Denmark LLC), Jonesboro, Paul Dzikowski, (Law Office of Paul J Dzikowski PC), Norcross, April Lipscomb, (Southern Environmental Law Center), Atlanta, Robert Sherrier, Atlanta, for appellee; Joshua Belinfante, Vincent Russo, Rachel Gage, Richard Robbins, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, Matthew Benson, Brian Easley, (Mahaffey Pickens Tucker, LLP), Lawrenceville, Clark Candler, (Hall County District Attorneys Office), Gainesville, Noah Priest-Goodsett, (DeKalb County Law Department), Decatur, for other party.
    Case Number: A23A0655

    State Environmental Agency Had Jurisdictional Authority to Grant Solid Waste Handling Permit to Recycler

  • Barrow v. Dunn et al.

    Publication Date: 2020-01-10
    Practice Area: Environmental Law
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jonathan Schwartz, (Jon L. Schwartz, Attorney at Law, P.C.), Atlanta, for appellant.
    for defendant: Isaac Byrd, (Deputy Attorney General), Atlanta, Christopher Carr, (Attorney General), Atlanta, Suzanne Osborne, (Department of Law), Atlanta, John Hennelly, (Assistant Attorney General), Atlanta, James Coots, (Senior Assistant Attorney General), Atlanta, for appellee. Ray Smith, (Attorney at Law), Richmond Hill, for other party.
    Case Number: A17A1385

    Georgia's environmental laws and regulations do not require an antidegradation analysis for issuance of permits for nonpoint source discharges of wastewater

  • City of Guyton v. Barrow

    Publication Date: 2019-06-14
    Practice Area: Environmental Law
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Ray Chandlar Smith, (City Attorney), Richmond Hill, for appellant.
    for defendant: Jonathan Lee Schwartz, (Jon L. Schwartz, Attorney at Law, P.C.), Atlanta, for appellee. Isaac Byrd, Suzanne E. Success Osborne, John Edward Hennelly, James Doyle Coots, Christopher M. Carr, Andrew Alan Pinson, Margaret Kemmerly Eckrote, Ross Warren Bergethon, Jameson B. Bilsborrow, (Department of Law), Atlanta, for Other Party.
    Case Number: S18G0944

    No antidegradation analysis required prior to issuing environmental permit for facilities with nonpoint water discharges

  • Altamaha Riverkeeper, Inc. v. Rayonier Performance Fibers, LLC et al.

    Publication Date: 2018-07-11
    Practice Area: Energy and Natural Resources | Environmental Law
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Robert Brown, Megan Huynh (Southern Environmental Law Center), Atlanta; Donald Stack (Stack & Associates PC), Atlanta; Keri Powell (Law Office of Keri N Powell LLC), Decatur, for appellant.
    for defendant: Patricia Barmeyer, Randall Butterfield, Stephen McCullers (King & Spalding LLP), Atlanta; James Durham (Hall Booth Smith P.C.), Brunswick; Isaac Byrd (Deputy Attorney General), Atlanta; Christopher Carr (Attorney General), James Coots (Senior Assistant Attorney General), Atlanta; Graham Barron (GA Department of Law), Atlanta, for appellee. Georgia Industry Environmental Coalition Inc, Atlanta; Douglas Henderson (Troutman Sanders), Atlanta; Georgia Riverkeepers, Decatur; Charles Cork (Attorney at Law), Decatur, for amicus curiae.
    Case Number: A18A0594

    Environmental Protection Division's Interpretation of Narrative Standard in Regulation Governing Pollution Discharge Into Rivers Was Entitled to Deference

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • C&M Enterprises of Georgia, LLC v. Williams

    Publication Date: 2018-07-03
    Practice Area: Administrative Law | Environmental Law | Land Use and Planning
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Jeffery Arnold (Attorney at Law), Hinesville; Robert Silliman, George Darden (Dentons US LLP), Atlanta, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Elizabeth Monyak (Assistant Attorney General), Atlanta, for appellee.
    Case Number: A18A0240

    An administrative law judge did not act arbitrarily or capriciously and did not abuse or exceed its discretion in ruling in favor of Georgia Department of Natural Resources in a dispute over the construction of a bulkhead in an area of marshlands Department determined to be protected and under its jurisdiction.

  • Georgia Pacific Consumer Products, LP v. Ratner, et al.

    Publication Date: 2018-04-18
    Practice Area: Environmental Law | Real Estate
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: David Hudson (Hull Barrett, PC), Augusta; Edward Hughes (Callaway, Braun, Riddle & Hughes, PC), Savannah; Quentin Marlin, Ryburn Ratterree, Philip Thompson (Ellis Painter Ratterree & Adams LLP), Savannah, for appellant.
    for defendant: John Bell (Bell & Brigham), Augusta; Timothy Roberts, Benjamin Perkins (Oliver Maner LLP), Savannah, for appellee.
    Case Number: A17A1969

    In plaintiffs' suit alleging that a paper mill damaged their property and interfered with the use and enjoyment of their property, the Court reversed the denial of the mill's motion for summary judgment on plaintiffs' claim for nuisance, as the mill was immune from nuisance liability under Georgia's right to farm statute, and found that the mill was entitled to summary judgment on plaintiffs' claims for negligence, trespass, and all derivative claims.

  • Barrow v. Dunn

    Publication Date: 2018-04-05
    Practice Area: Environmental Law | Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Malissa Kaufold-Wiggins, Tyler Bishop (Balch & Bingham LLP), Atlanta; Hugh McNatt, Hugh Peterson (McNatt, Greene & Peterson, PC.) Vidalia; Jonathan Schwartz (Jon L. Schwartz, Attorney at Law, P.C.), Atlanta, for appellant.
    for defendant: Isaac Byrd (Deputy Attorney General), Atlanta; Christopher Carr (Attorney General), Atlanta; Suzanne Osborne (Department of Law), Atlanta; John Hennelly (Assistant Attorney General), Atlanta; James Coots (Senior Assistant Attorney General), Atlanta, for appellee. Ray Smith (Attorney at Law), Richmond Hill, for other party.
    Case Number: A17A1385

    Environmental Protection Division Granted Wastewater Treatment Facility Permit Without Conducting Required Antidegradation Analysis

  • Viad Corp v. United States Steel Corporation

    Publication Date: 2018-02-08
    Practice Area: Environmental Law | Toxic Torts
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Alston & Bird, Daniel F. Diffley, Kyle G. A. Wallace, Annalise K. Peters; Moore Clarke DuVall & Rodgers, James H. Moore III, Matthew D. DeMott, for appellant.
    for defendant: Watson Spence, Louis E. Hatcher, Alfreda L. Sheppard, F. Faison Middleton IV, Christopher L. Foreman, for appellee.
    Case Number: A17A0937

    Plaintiff could not claim indemnity for its own negligence after State ordered it and its predecessor to pay for environmental remediation of certain property because the assumption agreement did not expressly, plainly, clearly and unequivocally provide that predecessor would indemnify plaintiff to that extent; accordingly, the trial court erred in granting plaintiff's motion for summary judgment in its suit for indemnification.