Permit affirmed because no new claims may be asserted on remand.
Docket Number: 1107476 , Decision Date: October 2, 2013
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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.