O.C.G.A. § 12-5-44 (2019)
Judicial review
(a) Any person who has exhausted all administrative remedies available within the department and who is aggrieved by a final decision in a contested case is entitled to judicial review under this article. A preliminary, procedural, or intermediate action or ruling is immediately reviewable if review of the final decision would not provide an adequate remedy. In this connection, all proceedings for judicial review shall be in accordance with Code Section 50-13-19.
(b) The division or any other party to the proceeding may secure a review of the final judgment of the superior court to the appellate courts of this state.
History
Ga. L. 1964, p. 416, § 13; Ga. L. 1966, p. 316, § 4.
Annotations
JUDICIAL DECISIONS Interpretation of narrative standard rule as to discharges. - Georgia Department of Natural Resources Environmental Protection Division’s (EPD’s) interpretation of the narrative standard was entitled to deference as it was proper for the EPD to interpret the narrative standard as not intended to convert the designated use of a water body to a more
protected use as the plain language of the narrative standard does not specify the degree of interference with legitimate water uses that would constitute a violation of the rule. Altamaha Riverkeeper, Inc. v. Rayonier Performance Fibers, LLC, 346 Ga. App. 269, 816 S.E.2d 125 (2018), cert. denied, No. S18C1474, 2019 Ga. LEXIS 554 (Ga. 2019).
RESEARCH REFERENCES Am. Jur. 2d. - 61C Am. Jur. 2d, Pollution Control, § 1895 et seq.
C.J.S. - 39A C.J.S., Health and Environment, § 131, 133, 135, 145.