BOARD OF NATURAL RESOURCES v. DUKE ENERGY SANDERSVILLE

No. A02A1566.

572 S.E.2d 356 (2002)

257 Ga. App. 815

BOARD OF NATURAL RESOURCES v. DUKE ENERGY SANDERSVILLE, LLC.

Court of Appeals of Georgia.

October 9, 2002.


Attorney(s) appearing for the Case

Thurbert E. Baker, Atty. Gen., Robert S. Bomar, Deputy Atty. Gen., Isaac Byrd, Senior Asst. Atty. Gen., Diane L. DeShazo, Asst. Atty. Gen., Owen, Gleaton, Egan, Jones & Sweeney, David C. Will, Atlanta, Kurt R. Ward, for appellant.

McKenna, Long & Aldridge, Barbara H. Gallo, Daniel H. Sherman IV, Bruce P. Brown, Robert M. Wynne, Sandersville, for appellee.

Troutman Sanders, Daniel S. Reinhardt, Alston & Bird, Peter M. Degnan, Douglas E. Cloud, Atlanta, Daniel N. Esrey, Robert S. Ukeiley, amici curiae.


JOHNSON, Presiding Judge.

The Environmental Protection Division of the Georgia Department of Natural Resources issued an air quality permit, allowing the construction and operation of a power plant, to Duke Energy Sandersville, LLC. The Sierra Club and the Georgia Public Interest Research Group filed an administrative appeal challenging the permit.

Duke then filed a declaratory judgment action in superior court seeking a declaration that a Board of Natural...

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