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Center for a Sustainable Coast Inc. v. Turner

An environmental group lacked standing to appeal an order regarding the construction of a bulkhead in a salt-water marsh area in violation of the Erosion and Sedimentation Act of 1975, based on its inability to demonstrate that the alleged injury could be redressed by a favorable decision.

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In this discretionary appeal and cross-appeal, the parties appeal from a superior court order affirming an administrative law judge’s ALJ decision affirming a consent order between a property owner, Lance Toland, and the Director of the Environmental Protection Division EPD, Judson Turner. In Case No. A13A1488, the EPD contends in related enumerations of error that the ALJ and superior court erred by concluding that the Center for a Sustainable Coast, Inc. “the Center” had standing to appeal the consent order under OCGA § 12-2-2 c 3 A. In Case No. A13A1487, the Center asserts in related enumerations of error that the ALJ and the superior court erred as a matter of law by affirming the consent order. Based on our conclusion that the Center lacked standing, we dismiss its appeal in Case No. A13A1487 and vacate the superior court’s order affirming the ALJ’s decision on the merits in A13A1488.

This case concerns the Erosion and Sedimentation Act of 1975, OCGA § 12-7-1, et seq. “the Act”. The Environmental Protection Division of the Georgia Department of Natural Resources is charged with enforcing violations of the Act. See OCGA § 12-7-3 4 definition of director and 12-7-12 a director may issue orders to violators of act. The General Assembly has stated its intent and policy for the Act as follows:

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