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Emission Inspector Certificate revoked for violations of the Emissions Inspection and Maintenance Act.

Topic: Environmental Law, Decided by Judge Baxter 
Docket Number: 1542992 , Decision Date: 2015-06-15 
Attachment: Click here to download the decision. 

Petitioner, a certified emission inspector, issued passing emission certificates to forty-four vehicles, despite never having tested the vehicles’ gas caps.  He also issued passing emission certificates to three vehicles that were never tested using a fraudulent practice called “clean scanning,” whereby a surrogate vehicle is [..] Read More..

Recycling and composting operation’s failure to abide by permit terms results in revocation.

Topic: Environmental Law, Decided by Judge Walker 
Docket Number: 1442274 , Decision Date: 2015-01-21 
Attachment: Click here to download the decision. 

The Georgia Department of Natural Resources issued an administrative order revoking a Solid Waste Handling Permit and a National Pollution Discharge Elimination System Permit (“NPDES Permit”) issued to Wilbros, LLC, a commercial recycling and composting operation, for alleged violations of Georgia law, solid waste management [..] Read More..

Out-of-state suspension of hunting license recognized in Georgia pursuant to interstate compact.

Topic: Environmental Law, Decided by Judge Baxter 
Docket Number: 1457706 , Decision Date: 2014-11-04 
Attachment: Click here to download the decision. 

The State of Florida suspended Petitioner’s hunting, fishing, and trapping privileges.  Both Georgia and Florida are members of the Interstate Wildlife Violator Compact (the Compact).  Because member states are required by the Compact to treat a suspension “as if it had occurred in their state,” [..] Read More..

Court of Appeals agrees with Judge’s determination that issuance of a buffer variance for lake was improper, reverses two Superior Court rulings.

Topic: Environmental Law, Decided by Judge Miller 
Docket Number: 1308374 , Decision Date: 2013-01-14 
Attachment: Click here to download the decision. 

The Judge ruled in favor of several groups (“River Groups”) challenging a variance granted by the Director of the Environmental Protection Division of the Georgia Department of Natural Resources. The variance allowed Grady County to encroach upon the 25-foot vegetative buffer around state waters required [..] Read More..

Adjacent property owner has standing to challenge the issuance of land application system permit.

Topic: Environmental Law, Decided by Judge Miller 
Docket Number: 1420278 , Decision Date: 2014-03-05 
Attachment: Click here to download the decision. 

Petitioner established standing to contest the Georgia Department of Natural Resources’s grant of a land-application-system permit for construction of a wastewater treatment facility on land that was hydrologically connected to Petitioner’s property. Petitioner proved that that he was aggrieved or adversely affected by the permit [..] Read More..

No permit to build marina over marshlands where existing facilities can accommodate need.

Topic: Environmental Law, Decided by Judge Miller 
Docket Number: 1408563 , Decision Date: 2014-02-21 
Attachment: Click here to download the decision. 

Bull River Bluff Properties, LLC, an applicant for a permit to build a marina over state-owned marshlands, did not meet its burden under the Coastal Marshlands Protection Act to show that existing public facilities cannot meet its water-related needs.  As a general rule, a permit [..] Read More..

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