http://www.southernenvironment.org/
Georgia Supreme Court issues decision in Cumberland Harbour case that fails to
fully protect coastal marshlands
November 17, 2008
(GEORGIA) The Georgia Supreme Court today issued a ruling in a case against the Coastal
Marshlands Protection Committee of the Georgia Department of Natural Resources,
which centered on a permit granted to the developer of Cumberland Harbour. The
ruling affirms a Court of Appeals interpretation of the state Coastal Marshlands
Protection Act that was narrower than urged by coastal protection groups
appealing the Cumberland Harbour permit. The permit now goes back to the
committee for further evaluation of impacts to right whales, manatees, and sea
turtles as required by the Administrati ve Law Judge earlier in the case and not
appealed to the Supreme Court.
Following is a statement from SELC Senior Attorney Chris DeScherer:
“We are disappointed that the Supreme Court’s ruling interpreted the Coastal
Marshlands Protection Act in a way that does not fully protect the marsh from
developments next to the marshlands, like the Cumberland Harbour development.
The Supreme Court today left nearly 400,000 acres of one of the world’s most
productive natural resources in uncertain hands. This ruling limits what had
been one of the strongest tools available to ensure the necessary balance of
ecological protections with economic development as the Georgia coast continues
to grow. We are considering whether to file a motion with the Court to
reconsider its opinion.”
“We believe, however, that the Supreme Court’s opinion does affirm the duty
of the Coastal Marshlands Protection Committee to consider whether stormwater
discharges cause direct physical alteration of the marsh. As the committee
reconsiders the permit for impacts to wildlife, the conservation groups will
present evidence that the massive discharges of stormwater from Cumberland
Harbour will physically alter the marsh in violation of the Supreme Court
opinion. That kind of damage is all too frequent from the increasing
development of land in areas=2 0adjacent to the marsh.”
“SELC and its partners will continue to use the protection of the Coastal
M arshlands Protection Act, together with the patchwork of other state and
federal regulations, to ensure that our irreplaceable coastal resources are
protected.”
Background:
The Cumberland Harbour development plans up to 1,200 homes and commercial
facilities on the upland, as well as two large-scale marinas and community and
private docks. The largest marina project ever to be permitted in Georgia,
Cumberland Harbour is located directly across from Cumberland Island National
Seashore. The Coastal Marshlands Protection Committee approved a permit for
Atlanta developer Land Resource Companies without considering the impact of the
development on the marsh as a whole, such as increased stormwater pollution. The
committee also failed to consider adequate protections for critically endangered
species such as the right whale, manatee and five species of sea turtles.
SELC, on behalf of its clients, had argued that the Coastal Marshlands
Protection Committee was obligated to protect Georgia’s marshlands from the
impacts of large-scale development by considering, among other things, the
discharge of polluted stormwater runoff, the amount of roads, driveways,
rooftops and other impervious surfaces, impacts to marine life, and the design=C 2
and maintenance of natural buffers. The state had previously asserted that the
Committee was not required to regulate upland activities and could instead
permit development in an “a la carte” approach that only considers those
portions constructed in the marsh.
CONTACT
Chris DeScherer – Senior Attorney (843) 720-5270
Stephen E. O’Day – Smith, Gambrell & Russell (404) 815-3527
Representing:
David Kyler – Center for a Sustainable Coast (912) 638-3612
April Ingle – Georgia River Network (706) 549-4508
Gordon Rogers – Satilla Riverkeeper (912) 223-6761
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