Another legal challenge against the ongoing development of a plant for electric truck-maker Rivian has gone up in smoke, after the state of Georgia’s chief administrative law judge struck down an appeal of a variance on Wednesday.

Judge Michael Malihi of the Administrative Court issued an order finding that petitioner Julie Jenkins did not meet her burden in claiming that a stream buffer variance, needed to continue construction on the nearly 2,000-acre site, was not issued properly by the Environmental Protection Division of the Georgia Department of Natural Resources.

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