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Georgia’s Marsh Land to Remain Undeveloped
SGR’s Steve O’Day gained another important victory for Georgia’s environment by successfully defending before the Georgia Supreme Court earlier favorable trial court rulings regulating development along the State’s uniquely beautiful coast. On May 3, 2004, the Georgia Supreme Court denied review of the decision of The Honorable Constance Russell, Superior Court of Fulton County, invalidating a permit issued to Emerald Pointe Development Company to develop three unspoiled marsh hammocks near Savannah, Georgia, home to endangered species such as the wood stork. A marsh hammock is a small island (in this case, from one to 14 acres) surrounded by coastal marsh. There are over a thousand undeveloped marsh hammocks on the Georgia coast, and because upland sites are difficult to find now, developers have turned their attention to the hammocks. Pursuant to a special relationship between SGR and the Southern Environmental Law Center, under which Mr. O’Day serves as Senior Litigation Counsel for the Center, Mr. O’Day appealed the permit to Fulton County Superior Court, which twice ruled in favor of protection of the marsh hammocks. The Georgia Supreme Court’s decision means that Judge Russell’s two favorable rulings in the case must be followed by the Coastal Marshlands Protection Committee in any further evaluation of the Emerald Pointe development and in evaluating other developments on Georgia’s unspoiled marsh hammocks. The decision puts teeth back into the 1976 Coastal Marshlands Protection Act, which requires permitting for any salt marsh disturbance and which has resulted in Georgia’s coastline being one of the least developed and most beautiful on the eastern seaboard. Mr. O’Day heads SGR’s environmental department which represents a variety of clients, including banks, manufacturers, chemical companies, food suppliers, homeowners’ associations, marinas and recreational businesses and public interest groups, with respect to environmental matters.