The Georgia Court of Appeals sided with conservation groups yesterday and ruled that all state waters are protected under Georgia law by a 25-foot vegetative buffer. The decision overrules the Georgia Environmental Protection Division’s (EPD) policy that only some state waters are protected by the Erosion and Sedimentation Act’s buffer provision, and also invalidates EPD Director Judson Turner’s April 2014 memorandum that stripped the protective buffer from the Georgia Coast. “In its decision, the Court holds that the General Assembly always intended that the buffer provision would extend to and protect all state waters. As a result, under the ruling, EPD will no longer be able to take a piecemeal approach to buffer protection—requiring a buffer on some waters and denying it on others,” said Bill Sapp with the Southern Environmental Law Center. “Our marshes and freshwater wetlands are home to the shrimp, oysters, fish, and game that fuel Georgia’s hunting, fishing, and tourism industries. As the Court recognizes, the buffer provision plays a critical role in protecting these vital resources.” The decision also reinstates buffer protections on the Georgia Coast that were recently removed by EPD. In a memorandum EPD issued on Earth Day, Director Turner reversed EPD’s decade-long policy of requiring buffers on all coastal marshlands. Enforcement of the buffer on Georgia’s coastal marshlands is critical in preserving rare and pristine wetlands and marsh in the region from pollutant-contaminated runoff from roofs, driveways, and roads, which can adversely impact and even destroy large sections of marshlands. “We welcome the court’s decision affirming the consistent, clear, common sense application of environmental protections across the State,” said Jenny Hoffner of American Rivers. “Protecting all our waterways ensures that the lifeblood of our communities, our clean water, is protected for generations for come.”
Posted on: Thu, 17 Jul 2014 20:03:10 +0000
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