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2018 Georgia Code 12-16-4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 12-16-4 Case Law from Google Scholar Amendments to OCGA 12-16-4

TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 16. Environmental Policy and Regulations, 12-16-1 through 12-16-23.

ARTICLE 1 ENVIRONMENTAL POLICY

12-16-4. Determination of adverse effect on quality of environment; environmental effects report; consultation with other agencies; publication of notice of proposed action.

  1. The responsible official of the government agency shall determine if a proposed governmental action is a proposed governmental action which may significantly adversely affect the quality of the environment.If the responsible official determines that the proposed governmental action is a proposed governmental action which may significantly adversely affect the quality of the environment, the government agency responsible for such project shall prepare an environmental effects report including, but not limited to, a discussion of:
    1. The environmental impact of the proposed governmental action;
    2. Alternatives to the proposed governmental action, including no action;
    3. Any adverse environmental effects which cannot be avoided if the proposed governmental action is undertaken;
    4. Mitigation measures proposed to avoid or minimize the adverse impact of the proposed governmental action;
    5. The relationship between the value of the short-term uses of the environment involved in the proposed governmental action and the maintenance and enhancement of its long-term value;
    6. The effect of the proposed governmental action on the quality and quantity of water supply;
    7. The effect of the proposed governmental action on energy use or energy production; and
    8. Any beneficial aspects of the proposed governmental action, both short-term and long-term, and its economic advantages and disadvantages.
  2. Prior to the issuance of the environmental effects report, the responsible official should consult with and obtain the comments of any agency which has jurisdiction by law, special expertise, or other interest with respect to any environmental impact or resource.
  3. At least 45 days prior to making a decision as to whether to proceed with a proposed governmental action which may significantly adversely affect the quality of the environment, the responsible official shall publish in the legal organ of each county in which the proposed governmental action or any part thereof is to occur notice that an environmental effects report has been prepared.The responsible official shall provide a copy of the environmental effects report and all other comments to the director.The responsible official shall also make the environmental effects report available to the public and to counties, municipalities, institutions, and individuals, upon request.

(Code 1981, §12-16-4, enacted by Ga. L. 1991, p. 1728, § 1.)

Cases Citing O.C.G.A. § 12-16-4

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Thornton v. Clarke Cnty. Sch. Dist., 514 S.E.2d 11 (Ga. 1999).

Cited 20 times | Published | Supreme Court of Georgia | Mar 8, 1999 | 270 Ga. 633, 99 Fulton County D. Rep. 939

...lding a new one on the same campus. 1. The GEPA requires a "government agency" to prepare an environmental effects report before proceeding with any governmental action that could "significantly adversely affect the quality of the environment." OCGA § 12-16-4(a)....
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Georgia Council of Prof'l Archaeologists v. Bd. of Regents of Univ. Sys. of Georgia, 271 Ga. 757 (Ga. 1999).

Cited 1 times | Published | Supreme Court of Georgia | Nov 15, 1999 | 523 S.E.2d 879, 99 Fulton County D. Rep. 4112

...l? GEPA requires the “responsible official” of a “government agency” to determine if a “proposed governmental action” is “a proposed governmental action which may significantly adversely affect the quality of the environment.”1 OCGA § 12-16-4....
...port available to the public upon request; and hold a public hearing if, within 30 days of the publication of the notice in the legal organ, the responsible official receives written requests for a hearing from at least 100 Georgia residents. OCGA §§ 12-16-4; 12-16-5....
...ble legal challenge under GEPA and sets out the time period within *761which such a challenge must be filed. The statute authorizes a legal challenge only to the procedure followed by the responsible official in giving the notices required by OCGA §§ 12-16-4 (c) and 12-16-5 (b) after the official has determined that the proposed governmental action may significantly adversely affect the quality of the environment....