Judicial review of air quality permit.

- Trial court decision invalidating an air quality permit issued by the Environmental Protection Division (EPD) of the Georgia Department of Natural Resources to a power company to construct a pulverized coal-fired electric power plant in a particular county contained an erroneous ruling that the permit was invalid because the permit failed to include a limit on the power plant's carbon dioxide gas (CO2) emissions since no provisions of the Clean Air Act (CAA), 42 U.S.C. § 7401 et seq., or the state implementation plan controlled or limited CO2 emissions. Because CO2 was not a pollutant that "otherwise is subject to regulation under the CAA," CO2 was not a regulated new source review pollutant in the Prevention of Significant Deterioration (PSD) program and was not required to be controlled by use of best available control technology (BACT), therefore, the trial court erred by ruling that the PSD permit was required to include a BACT emission limit to control the power company's CO2 emissions. Longleaf Energy Assocs., LLC v. Friends of the Chattahoochee, Inc., 298 Ga. App. 753, 681 S.E.2d 203 (2009), cert. denied, No. S09C1879, 2009 Ga. LEXIS 809 (Ga. 2009).

Lawful business as nuisance per accidens.

- Lawful business may, by reason of the business's location in a residential area, cause hurt, inconvenience, and damage to those residing in the vicinity and become a nuisance per accidens (a nuisance by reason of circumstances and surroundings) against which an injunction will be granted. Galaxy Carpet Mills, Inc. v. Massengill, 255 Ga. 360, 338 S.E.2d 428 (1986).

Punitive damages.

- Punitive damages are, as a general rule, improper when a defendant has complied with environmental and safety regulations. Accordingly, the award of punitive damages against a quarry operator who had adhered to the applicable laws was not supported by the evidence and warranted reversal. Stone Man, Inc. v. Green, 263 Ga. 470, 435 S.E.2d 205 (1993).

Federal government not subject to punitive fines.

- Since the only clearly expressed waiver of sovereign immunity in the federal Clean Air Act, 42 U.S.C. § 7901 et seq., is for coercive fines, punitive fines may not be imposed on the federal government thereunder. United States v. Georgia Dep't of Natural Resources, 897 F. Supp. 1464 (N.D. Ga. 1995).

Cited in Meredith v. Thompson, 312 Ga. App. 697, 719 S.E.2d 592 (2011).

ALR.

- Award of costs and attorney's fees in judicial review of administrative proceedings under § 307(f) of Clean Air Act (42 USCA § 7607(f)), 146 A.L.R. Fed. 531.

Federal requirements for public participation in adoption, submission, and approval of state implementation plans and revisions pursuant to § 110 of Clean Air Act (42 USCA § 7410), 151 A.L.R. Fed. 445.

Decisions of Environmental Protection Agency (EPA) approving or disapproving state implementation plans as interfering with primary role of states to determine how national ambient air quality standards should be met under Clean Air Act (42 USCA § 7401 et seq.), 151 A.L.R. Fed. 495.

Conformity requirements of § 176(c) of Clean Air Act, (42 USCA § 7506(c)), 157 A.L.R. Fed. 217.