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AJC.com > Legislature > Georgia Beat > Archives > 2005 > March > 31 > Entry
Senate votes to limit appeals of construction permits
The Atlanta Journal-Constitution
The Senate voted 37 to 5 to approve changes to a controversial environmental bill that would set a deadline for neighbors, environmentalists and other opposition groups to make their case against projects that affect the environment, including power plants, landfills, mining operations and sewage discharges.
Currently, opponents can indefinitely stop industries and local governments from constructing such facilities by appealing their state environmental permits. Although less than 1 percent of the permits are appealed by citizen and environmental groups, Georgia’s industries and businesses said they needed more certainty in the permit process.
The original version of Senate Bill 190 would have allowed the permit holder to immediately start construction.
A compromise, worked out in the House and approved today by the Senate, would stall construction 90 days while an administrative law judge hears arguments and decides whether to uphold or overturn the state permit. The judge could extend the delay an additional 60 days if more time is needed.
If opponents lose there, they have another 10 days before construction can begin to convince a superior court judge to order additional delays.
Environmentalists counted the revised bill as a victory; industry representatives said they could live with the changes.
Appeals of permits to build bridges and docks in the state’s tidal marshes would not be affected by the bill because of the fragility of the coastal ecology. No construction can begin until the courts make a final ruling.
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