Court upholds permit for stream buffer variance at site of electric-vehicle plant for Rivian Automotive, Inc.

Topic: Environmental Law, Decided by: Judge Malihi 
Docket Number: 2314860 , Decision Date: March 15, 2023 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

This matter involved a challenge brought against the Board of Natural Resources’ decision to issue a stream buffer variance to the site of a proposed electric-vehicle facility located in Morgan and Walton counties.  The Court affirmed the permit’s issuance, concluding that the application had been complete and met all regulatory requirements.  The Court also concluded the challengers failed to prove that the state agency improperly moved forward in the buffer variance process, improperly put the permit application on public notice, or did not consider all the required factors in a buffer variance.

Upheld by the Superior Court of Fulton County, case no. 2023-cv-378973.  Click on the link above to view the superior court’s order.

Update as of 2/3/2024:  The Court of Appeals denied an Application for Discretionary Appeal on November 1, 2023.   

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