EPD SW Landfill Ruling Upheld: Bd. of Commissioners of Brantley Cnty. v. Brantley Cnty. Dev. Partners, LLC


Bd. of Commissioners of Brantley Cnty. v. Brantley Cnty. Dev. Partners, LLC, No. A24A0612, 2024 WL 3822183 (Ga. Ct. App. Aug. 15, 2024)

The primary issue in these appeals is the propriety of a decision reversing an administrative law judge’s revocation of a permit issued by the Environmental Protection Division of the Georgia Department of Natural Resources (“EPD”) to Brantley County Development Partners (“the Developer”) to build and operate a solid waste landfill in Brantley County pursuant to OCGA § 12-8-20 et seq., Georgia’s Comprehensive Solid Waste Management Act (“the Act”). For the reasons discussed below, we affirm.

[. . .]

Here, the superior court did not ignore or impermissibly overrule the ALJ’s factual findings; the superior court reversed the ALJ because it erred as a matter of law in imposing upon EPD an investigatory duty to investigate and confirm consistency pursuant to OCGA § 12-8-24 (g).

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