Permit affirmed because no new claims may be asserted on remand.

Topic: Environmental Law, Decided by Judge Miller 
Docket Number: 1107476 , Decision Date: 2013-10-02 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

On remand from the Superior Court of Forsyth County, Judge Miller affirmed the issuance of a National Pollution Discharge Elimination System (NPDES) permit.  The Superior Court, in reversing the original decision, interpreted the antidegradation review rule to require a determination of whether any new or expanded discharge should be allowed into a high quality body of water, without regard to specific discharge-pollutant limits, after taking into consideration accommodation of social or economic development.  The Upper Chattahoochee Riverkeeper Inc. was not permitted to raise new claims at this stage of litigation.