The Administrative Law Judge (ALJ) in the Cumberland Harbour marina case issued an order on April 16, 2009. The ALJ's order did not change the status of the case, but implemented earlier decisions in the case by the Ga. Court of Appeals and Ga. Supreme Court. The Order also contained the ALJ's decisions on two recent motions filed by the parties.
The Order:
- Vacated the part of the ALJ's original 2006 order which had been overturned by the Ga. Court of Appeals, regarding regulation of upland development.
- Implemented the part of his 2006 order upheld by the Court of Appeals, by remanding the marina permit to the Coastal Marshlands Protection Committee for consideration of final conservation measures for the protection of Right Whales and other wildlife.
- Denied a motion by Center for a Sustainable Coast, et al., for an evidentiary hearing to consider the impact of upland development, such as stormwater runoff.
- Denied a motion by Point Peter for reconsideration of the ALJ order remanding the permit to the Committee for determination of final conservation wildlife measures.
For copy of the 4/16/09 ALJ decision, go here.
More information on the motions and case history:
A.) Issues on motion by the parties - 4/16/09 Order:
1.) Upland Development:
The Administrative Law Judge (ALJ) ruled in 2006 the Coastal Marshlands Protection Committee (the Committee) erred in issuing a marina permit to Point Peter LLLP, under the the Coastal Marshlands Protection Act (the Act), without considering the impact on the marsh of CH's upland development (stormwater runoff, etc.). This part of the ALJ's 2006 ruling was overturned by the Ga. Court of Appeals.
The Court of Appeals held the Act did not regulate upland development. The Ga. Supreme Court affirmed the Appeals Court's reversal of this part of the 2006 Order.
Nevertheless, in 2009, the Center for a Sustainable Coast (CSC) requested an evidentiary hearing on the impact of upland development. CSC's request was denied in the ALJ's 4/16/09 Order.
2.) Reversal and remand of Marina Permit / Final Conservation Measures:
The ALJ in 2006 also reversed the permit and ordered it be remanded to the Committee for determination of final conservation measures. This part of the ALJ's decision was upheld by the Court of Appeals and affirmed by the Supreme Court.
Point Peter, which has maintained it has every intention of implementing such conservation measures, requested a reconsideration of the part of the ALJ's 2006 Order reversing and remanding the permit back to the Committee, so as to be able to begin construction and finalize the conservation measures, concurrently. Point Peter's request was denied in the ALJ's 4/16/09 Order.
B.) History of the case in a nutshell:
2005 – Point Peter LLLP obtained a marina permit issued by the Coastal Marshlands Protection Committee (the Committee), a division of Ga. DNR.
The Center for a Sustainable Coast (CSC) and several other groups, filed suit challenging the permit on several grounds.
2006 - the ALJ issued an order remanding the permit to the Committee for further consideration, on several grounds.
In so ruling, the ALJ essentially agreed with the CSC that the permit had been improperly or prematurely granted.
The Committee and Point Peter appealed the ALJ’s decision.
2007 – Ga. Court of Appeals overturned the ALJ’s decision in part and affirmed it in part.
CSC appealed to the Ga. Supreme Court.
2008 – Ga. Sup. Ct. upheld completely the decision of the Ct. of Appeals.
The case was to be remanded all the way back down to the ALJ for implementation of the Ga. Appeals Courts ruling.
2009 – Point Peter & CSC each make motions before the ALJ.
April, 16, 2009 – ALJ denies the motions of both parties, vacates that part of his original order with regard to Committee regulation of upland development, and remands back to the Committee the marina permit for consideration of final conservation measures.
