Georgia Court of Appeals reverses coal plant CO2 ruling
July 7, 2009 at 1:29 pm by Thomas Wheatley in NewsThe Georgia Court of Appeals today reversed a landmark 2008 Fulton County Superior Court ruling regarding a proposed “clean coal” plant in southwest Georgia.
That ruling invalidated an air quality permit issued to Plant Longleaf in Early County because the state failed to place a limit on the facility’s carbon emissions.
UPDATE after the jump.
Here’s a PDF of today’s decision.
From the Fulton County Daily Report (subscription only):
The appeals panel nonetheless sent the case back to the Superior Court with directions to vacate the administrative law judge’s decision, saying Howells had employed the wrong standard of review in approving the permit. Howells’ 108-page decision, which followed a 21-day hearing, contained language suggesting the EPD director’s decision to issue a permit should be given some deference.
Under the state procedural rules applying to the administrative law judge’s hearing, wrote Andrews, Howells was to make an independent decision on whether the permit challengers were right. In a footnote, Andrews explained that the appeals court’s ruling does not require the administrative law judge to consider additional evidence or hold a new hearing.
In a released statement, attorneys for GreenLaw, the environmental law firm that argued the case, called the decision the coal plant’s “second defeat in the last year.” They say they’ll appeal portions of the ruling to the Georgia Supreme Court.
In reaching their decision, the three-judge panel agreed with the Superior Court on one key claim: that the Administrative Law Judge (ALJ) was not independent in her evaluation of EPD’s decision to issue the permit. Judicial independence is a key component of ensuring that decisions that impact public health are properly scrutinized. Because the ALJ failed to make independent decisions in reviewing the permit, the permit remains invalid, further postponing any construction of the plant.
Because the ALJ failed to make independent decisions in reviewing the permit, the permit remains invalid, further postponing any construction of the plant.
GreenLaw’s challenge of the permit also challenged EPD’s failure to include any limitations for carbon dioxide and its failure to consider undisputed modeling that showed that the plant would exceed air quality standards. The Court reversed the Fulton Superior Court’s findings on these matters. Friends of the Chattahoochee and Sierra Club plan to appeal these rulings to the Supreme Court.
July 7th, 2009 at 3:57 pm
I started to read it, but I couldn’t tolerate seeing “Superior Court” incorrectly capitalized again and again. On the bright side, those of us who play The Georgia Gang Drinking Game will no doubt enjoy another episode of Watch Dick Williams Intentionally Stumble Over Judge Thelma Wyatt Cummings Moore’s Name. That shtik never gets old.
July 8th, 2009 at 12:16 am
You DO realize that this plant is in the same county (Early) as the notoriously contaminated peanut plant, right? Does this inspire confidence in anyone??