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Board of Natural Resources of the State of Ga. v. Monroe County

The county lacked standing to challenge DNR rule changes involving emissions from counties surrounding metropolitan Atlanta.

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The Georgia Department of Natural Resources, Environmental Protection Division, and other named parties collectively, “DNR”1 appeal the order of the superior court denying their motion to dismiss or, in the alternative, motion for summary judgment. DNR alleges that Monroe County, the Monroe County Board of Commissioners, and the Development Authority of Monroe County collectively, “Monroe County” lack standing and capacity to bring an action for declaratory judgment in opposition to DNR rule changes. DNR also contends the challenge is not ripe for adjudication. We granted this interlocutory application to consider whether the trial court properly denied the motion. Because we find that Monroe county lacks standing to challenge the DNR rules at issue, we reverse.

Under the Georgia Air Quality Act, OCGA § 12-9-1 et seq., and the Federal Clean Air Act, 42 USC § 7504, Georgia is required to attain ambient air quality standards.2 Georgia law provides that as a matter of public policy, the State will undertake measures to preserve, protect and improve air quality and to

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