Emory’s Turner Environmental Law Clinic is
litigating two lawsuits against federal agencies that seek to force
the groups to broaden their thinking in regards to granting development
permits that impinge upon Georgia’s natural resources.
The first suit, filed against the U.S. Army Corps of Engineers,
alleges the corps violated the National Environmental Policy Act
(NEPA) in granting a permit to metro Atlanta’s Henry County
to build a 1,500-acre reservoir that would help meet the county’s
growing demand for water. The second, filed against the National
Forest Service, alleges that agency likewise violated NEPA in permitting
the Georgia Transmission Corp. (GTC) to run a high-voltage electrical
line through 70 acres of the Chattahoochee National Forest in north
Georgia’s Rabun County.
Neither suit is directed specifically against the involved development
project, per se. Rather, the clinic charges that both federal agencies
failed to properly consider alternatives to the proposals, and that
regulatory bodies now must think regionally when considering local
projects.
“There is very little regional planning going on about water
supply in north Georgia, specifically in the Atlanta area,”
said Julie Mayfield, director of the Turner Clinic. “There
are now 18 proposed reservoirs in the planning pipeline, and nobody
is talking to each other about, ‘Well, could we make this
a regional reservoir?’ Conservation, of course, is never high
in anybody’s plans.”
“This is not about fighting development in Henry County or
fighting a reservoir in Henry County—this is about the process
the corps goes through in evaluating whether to approve reservoirs
in north Georgia,” said Larry Sanders, the clinic’s
staff attorney. “It’s a much broader, big-picture issue.”
Mayfield and Sanders both were speaking about the Henry County case,
but the issues are highly analogous in the GTC lawsuit, which claims
neither GTC nor the Forest Service properly considered alternatives
before moving forward with plans to clear out a 100- to 150-foot-wide,
six-mile-long power easement through pristine national forest.
“Pretty much, the power company said, ‘Here’s
what we want to do,’ and the Forest Service looked at the
alternatives of building a power line or not building a power line,”
Sanders said. “What they didn’t look at it is building
it on private property, and they didn’t look at upgrading
existing facilities rather than building a new line.”
In all its cases, the Turner Clinic acts as legal counsel for individual
or groups of plaintiffs, and there is also co-counsel. For example,
in the Henry County suit, the clinic’s clients are the Georgia
River Network and the Altamaha Riverkeeper, and its co-counsel is
the Southern Environmental Law Center. In the Rabun County case,
the co-counsel is a private attorney and the clients are the Chattooga
Conservancy, Georgia Forest Watch and the Sierra Club.
Both suits are filed in the U.S. District Court for Northern Georgia
(Atlanta division for the Henry County case, Gainesville division
for the Rabun County case). The Henry County suit was filed in January,
and Mayfield said the presiding judge could issue a ruling as soon
as mid-July; the Rabun County suit was just filed on June 13, and
the Forest Service now is assembling the administrative record for
GTC’s permit application.
Meanwhile, work already had begun in Henry County to clear out acreage
along Tussahaw Creek, which would be dammed to create the reservoir,
when the corps suspended its own permit in March, pending a re-evaluation
of the entire project. Indeed, according to the Macon Telegraph,
Henry County started clearing timber and condemning private land
in neighboring Butts County even before the corps issued its permit
in October 2002; the move prompted lawsuits from Butts County commissioners
and private landowners.
The clinic and its four summer student workers (two students each
from Emory’s and Georgia State’s law schools) are monitoring
the developments, but the Turner Clinic likely will have to finish
the litigation without its director; Mayfield said she will leave
Emory this month to become general counsel and policy director for
the Georgia Conservancy.
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