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Friends of the Chattahoochee, Inc. v. Longleaf Energy Associates, LLC

Filing Date: 2008
Case Categories:
  • Federal Statutory Claims
    • Clean Air Act
      • Environmentalist Lawsuits
Principal Laws:
Clean Air Act (CAA), Georgia Air Quality Act
Description: Challenge to permit for 1,200 MW coal-fired power plant.
  • Friends of the Chattahoochee, Inc. v. Longleaf Energy Associates, LLC
    Docket number(s): S09C1879
    Court/Admin Entity: Ga.
    Case Documents:
    Filing Date Type File Action Taken Summary
    09/28/2009 Order Certiorari denied. The Georgia Supreme Court declined to consider an appeal by environmental groups regarding a decision that found a proposed coal-fired power plant was not required to limit its carbon dioxide emissions. 
  • Longleaf Energy Associates, LLC v. Friends of the Chattahoochee, Inc.
    Docket number(s): A09A0387, A09A0388
    Court/Admin Entity: Ga. Ct. App.
    Case Documents:
    Filing Date Type File Action Taken Summary
    07/07/2009 Opinion Download Superior Court judgment affirmed in part and reversed in part. The Georgia Court of Appeals reversed a lower court ruling that had vacated a state permit for the construction of a 1,200-watt coal-fired power plant on the Chattahoochee River. The lower court found that the permit was invalid on a number of grounds, including because it did not limit carbon dioxide emissions. The Court of Appeals held that the lower court erred by ruling that under the Clean Air Act, the Environmental Protection Division of the Georgia Department of Natural Resources was required to include carbon dioxide emissions limitations in its permitting process, finding that it would compel the state agency to limit these emissions even though no provision of the Clean Air Act or state law or regulation actually controls or limits them.
  • Friends of the Chattahoochee, Inc. v. Couch
    Docket number(s): 2008CV146398
    Court/Admin Entity: Ga. Super. Ct.
    Case Documents:
    Filing Date Type File Action Taken Summary
    06/30/2008 Order Download Order issued vacating final decision of administrative law judge. The Georgia Superior Court rejected a state permit for construction of a coal-fired power plant on the Chattahoochee River. The court held that the Environmental Protection Division of the Georgia Department of Natural Resources must limit the amount of carbon dioxide from the proposed plant before construction can begin, overruling an administrative law judge's decision upholding the agency's approval of the plant.

© 2022 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.