Georgia Pro-Coal Legislation Shut-down

March 13, 2009 at 7:44 pm Leave a comment

Since early July 2008, after Fulton County Superior Court Judge Thelma Wyatt Cummings Moore ruled that the air-permits granted to the proposed Long Leaf Energy Facility (read: dirty dirty coal plant) should be revoked, Georgia’s pro-coal legal guru’s King and Spalding have been working tirelessly to prepare for an upcoming state supreme court battle, and to create loopholes that would allow their clients LS Power to begin construction on the Blakely Georgia facility.

The bill, SB 229, would require state administrative judges (those folks who hear permit appeals from the Environmental Protection Division) to defer their rulings to the Department of Natural Resources. Environmental and justice organizations who support a fair and equitable process, argued that the bill would have stripped state administrative judges of any meaningful and partial judgements, while giving DNR relative immunity from judicial review.

The bill, though, was defeated in the State Senate 26-25 this week.

Judge Moore, in her ruling that overturned DNR’s granted air-permit, specifically cited (among other things including a supreme court case which cited Carbon Dioxide as a regulatable emission) that a lower court judge had given too much deference to DNR in it’s decision.

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Entry filed under: southern energy network.

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