O.C.G.A.

O.C.G.A. § 12-16-1 (2019)

Short title

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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This article shall be known and may be cited as the ‘‘Environmental Policy Act.’’

History

Code 1981, § 12-16-1, enacted by Ga. L. 1991, p. 1728, § 1; Ga. L. 2004, p. 329, § 2.

Annotations

OPINIONS OF THE ATTORNEY GENERAL Construed with O.C.G.A. §§ 27-3-132 and 32-2-3. - Factors enumerated in O.C.G.A. T. 12, C. 16 must be considered when evaluating environmental concerns under O.C.G.A. § 32-2-3, and the provisions of O.C.G.A. § 27-3-132 are not repealed by implication by the Georgia Environmental Policy Act, O.C.G.A. § 12-16-1. 1991 Op. Att’y Gen. No. 91-29. Government agencies included in

Act. - As the definition of ‘‘government agency’’ in O.C.G.A. § 12-16-3(5) includes the Department of Transportation, Board of Regents, Department of Corrections, and other departments of state government, such entities are covered under the Georgia Environmental Policy Act, O.C.G.A. § 12-16-1 et seq. 1993 Op. Att’y Gen. No. U93-9.

RESEARCH REFERENCES Am. Jur. Proof of Facts. - CERCLA Liability of Parent, Subsidiary, and Successor Corporation, 34 POF3d 387. Citizens’ Suit Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right-To-Know Act (EPCRA), 55 POF3d 155. ALR. - Third-party defense to liability under § 107 of Comprehensive Environmental Response, Compensation, and Liability Act (42 USCS § 9607), 105 A.L.R. Fed 21. Arranger liability of state government under § 107(a) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607(a)), 130 A.L.R. Fed. 431. Liability of local government under § 107(a) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607(a)), 133 A.L.R. Fed. 293.

Equitable allocation of response costs in contribution action under § 113(f ) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 USCA § 9613(f ): Factors affecting response cost liability of generator, broker or arranger, and transporter in single waste stream cases, 146 A.L.R. Fed. 363. Supreme Court’s views as to validity, construction and application of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 USCA § 9601 et seq., 157 A.L.R. Fed. 291. Amount and characteristics of wastes as equitable factors in allocation of response costs pursuant to § 113(f )(1) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 USCA § 9613(f )(1): multiple waste streams, 162 A.L.R. Fed. 371.

Notes of Decisions

Cited in 1 case, 1999–1999 · leading case: Georgia Council of Prof'l Archaeologists v. Bd. of Regents of Univ. Sys. of Georgia, 523 S.E.2d 879 (Ga. 1999).

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Georgia Council of Prof'l Archaeologists v. Bd. of Regents of Univ. Sys. of Georgia, 523 S.E.2d 879 (Ga. 1999). · cites it 4× “On July 1,1998, appellants, the Georgia Council of Professional Archaeologists and the Society for Georgia Archaeology, filed suit in the Superior Court of Gordon County, contending that the sale was subject to the Georgia Environmental Policy Act (GEPA), OCGA § 12-16-1 et seq.,…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.