E challenged the zoning ordinance in court, and won. With E's attorney writing the order, the zoning ordinance was thrown out and the county commission was ordered to sign a statement that the proposed landfill was in conformance with the county's comprehensive land use plan.
The county commissioners did not believe the landfill was in conformance with the comprehensive plan and refused to sign the letter. In fact, one commissioner said she would "go to jail" before she would sign. A group of local citizen created a non-profit corporation to oppose the landfill. This later proved to be a critical decision.
Crawfordville is the county seat of Taliaferro County. It was far from the proposed landfill site, but its governing body had been promised benefits for the city, if the landfill was developed. The City Council endorsed the development of a landfill, but the Mayor became its leading local proponent.
3/14/2003
Editor
The Advocate Democrat
Greensboro, GA 30642
Mr. Editor:
Over a year ago, after it became public knowledge that the Crawfordville city council had endorsed a landfill within one mile of the city limits, the mayor portrayed their action as the acceptance of the inevitable and a financial boon for the city. At a town hall meeting, I told the mayor and council members that at some future date attorneys for the landfill would use that endorsement in court and imply that it meant far greater acceptance of the landfill than he, the mayor, portrayed it to mean.
I was partially correct. The city council resolution is being used in court as evidence that people in Crawfordville support the landfill. I was partially wrong. It is not attorneys for the landfill who have taken this action. It is the City of Crawfordville, who has filed a friend of the court brief on behalf of the landfill. As friends of the court, the City of Crawfordville is placing itself squarely in opposition to the Taliaferro County Board of Commissioners in a matter that is clearly out of the city’s jurisdiction.
The county’s zoning ordinance, which did not allow land fills, has been overturned in court. The court found there had been procedural errors in the adoption of the ordinance. The county’s legal advisers believe the procedures were valid and the county commission has authorized them to appeal the decision. Now, the City of Crawfordville steps in to urge the court to deny the county’s petition to appeal the ruling.
For the sake of a few pieces of silver in the city’s coffers, the city council is willing, even eager, to sell the birthright of our children, grand children and generations yet unborn to a clean environment.
It has become obvious at recent public meetings that Mayor Easters has become the local spokesman for the landfill proponents, whether paid or unpaid. Just prior to one public meeting to discuss the landfill well dressed men, who arrived in a vehicle registered in Fulton County, were seen near city hall after normal business hours. A short time later, Mayor Easters distributed a letter favorable to the landfill at the public meeting at the Senior Citizens Center. The letter was dated that day and signed by a county official of a county half way across the state.
I do not contest the right of the mayor or any city council member to publicly support the landfill, as private citizens. However, when they divert tax dollars to this effort, I do protest.
The above letter did not set well with the mayor. He took me to task at a town hall meeting. Our exchange led me to write the following letter to the county commission.
4/4/2003
Taliaferro County Board of Commissioners
Crawfordville, GA 30631
Mr. Chairman and Ladies:
Last night, at a public town hall meeting, the mayor of Crawfordville said that no city funds were spent to file the city’s friend of the court brief opposing the county’s appeal and supporting the landfill. When pressed on the issue by my assertion that attorneys did not work for free, the mayor said the attorney was paid by the landfill representatives.
Since that meeting, I have been contacted by a local property owner, whose husband is an attorney. According to her, he feels the law has been violated and the matter should be referred to the Georgia Supreme Court.
As I understand it, a friend of the court should be independent of any party involved in a lawsuit and basically acting on their own. When a friend of the court is paid by one of the parties to the suit, that party is essentially getting another bite of the apple. This is ethically and legally wrong and grounds for some type of sanction.
I urge you to at least discuss this with legal council. Mrs. C____ L_______ made a voice recording of the town hall meeting, if anyone is interested.
Lawyers for E were busy, too. They had the county commissioners hauled into court for a contempt hearing. This hearing was incorrectly reported by our local weekly newspaper, The Advocate Democrat, and I wrote another letter about the landfill issue.
6/6/2003
The Advocate Democrat
Greensboro, GA
Mr. Editor:
I attended the hearing in the McDuffie County Courthouse on May 30th where the Taliaferro County Commissioners were charged with contempt of court in the landfill case, but I never heard the Commissioner’s attorney, Jack Long, deny that the Commissioners received a draft letter prepared by the attorney for the plaintiff, Complex Environmental, Inc., as you reported last week. Certainly, that WAS NOT the primary thrust of his argument.
What I did hear Mr. Long argue was that the judge’s order DID NOT include a draft letter, which the Commissioners were ordered to sign.
Mr. Long argued that the judge DID NOT delegate to the plaintiff’s attorney the authority to draft a letter the Commissioners were required to sign. He further argued that the judge would not delegate such authority, because such delegation would be illegal.
In referring to the letter drafted by the attorney for the plaintiff, Mr. Long argued that significant facts had been omitted, and that requiring the Commissioners to sign that letter would require them to lie. This argument means the plaintiff’s letter is immaterial, no matter when received.
The members of the Taliaferro County Board of Commissioners refused to sign the letter mentioned above. They were jailed overnight for contempt and finally signed the letter to get out of jail. The arrest of the commissioners was covered by television reporters from Augusta and Atlanta. The event was also on the front page, above the fold, of the state edition of The Atlanta Journal-Constitution. You cannot buy that kind of publicity.
Our citizen's group tried to solicit the support of other elected officials. The following letter was sent to our congressman and both senators.
10/28/2003
The Honorable Max Burns
512 Cannon
Washington DC 20515
Dear Representative Burns:
Recently, all members of the Taliaferro Board of Commissioners were jailed because of their opposition to a landfill in the county. Many of us view them as heroes because of their principled, if quixotic, stand.
Now, we ask you to step forward and use your good offices to ensure that the citizens of Taliaferro County get a fair hearing. Taliaferro County is one of the poorest counties in the state, and our population is predominately African-American. However, these are not reasons for a developer, with deep pockets, to be able to just come in and steamroll our rights.
The landfill permit application is now in the permitting process before the state EPD. Because of the proposed landfill's proximity to the Ogeechee River, a permit from the Corps of Engineers is required. This is where we request your help.
We understand the Corps can either issue a perfunctory approval under a national permit, or it can provide a permit specific to the site, based on detailed analysis and review. Since this site is adjacent to the Ogeechee River and near its headwaters, we feel a full review is warranted. The Ogeechee is one of the few pristine rivers left in Georgia, and it is the water supply source for several downstream communities.
We request that you urge the Corps of Engineers to perform a full site review before granting a permit at this location.
Then a decision went our way.
4/17/2004
The Advocate Democrat
Greensboro GA 30642
Mr. Editor:
There was elation in Taliaferro County last Friday evening. Word spread throughout the county. The Environmental Protection Division (EPD) had denied the landfill application. It seems the “done deal” has come undone.
To me it seems poetic, the county has previously lost in court on procedural grounds. Now the permit is denied for reasons that have nothing to do with the technical aspects of the proposal, but everything to do with procedure. It’s kind of like a championship baseball game ending when the winning run scores on a balk.
The EPD denial letter acknowledges having a letter from the Taliaferro County Board of Commissioners asserting the landfill is consistent with the county’s solid waste management plan. However, the EPD found evidence to the contrary. Folks here know our commissioners spent a night in jail before signing the letter in question. A letter they believed to be a lie. Now, the EPD agrees with the commissioners’ beliefs.
I would summarize the EPD's basis for denial in the following manner. The applicant proposed to receive solid waste from the City of Crawfordville and Taliaferro County (and everywhere else). The current, approved, City of Crawfordville solid waste management plan requires waste to be sent to a waste transfer station operated by McDuffie County. This waste then goes to a private landfill. Taliaferro County is required, by its approved plan, to use a waste transfer station operated by Wilkes County. This waste is disposed of in Barrow County. Changing from the current arrangement to the proposed local disposition of solid waste requires amendments to both the city’s and the county’s solid waste management plans, as well as those of Barrow, McDuffie and Wilkes Counties. Such amendments would all require EPD approval. No amendments have been proposed or granted. Therefore, the landfill proposal does not conform. Permit denied. Most of us have reasons from time-to-time to curse bureaucracies, but today, I say, “Ain’t bureaucracy wonderful?”
I’m certain EPD denied the permit strictly on its merits, or lack thereof. However, I believe a government agency looks more carefully at matters that attract the interest of elected officials. Early in the struggle against the dump, our state senator and state representative appeared to oppose the landfill, and the EPD representatives saw this. Later on, support from these politicians seemed to wane. There were elected officials who stood-up to be counted in opposition to the dump from start to finish. First and foremost, were all three members of the Taliaferro County Board of commissioners. These people stood on principal, and went to jail for it. I’m sure the folks at EPD saw the story on the front page of The Atlanta Journal-Constitution, and I’ll bet it made a lasting impression. Then there was our congressman, Max Burns, who took a personal interest in our cause. Recently, he arranged for landfill opponents to talk directly to the Director of EPD, and then participated in the discussion himself. Remember him in November.
This is not over. The high-priced lawyers from Buckhead (not the real Buckhead) will not give-up easily. They beat the county in court once, and I predict they will be back.
In the meantime, I urge everyone to come out on Saturday, from noon to 4 PM, to enjoy a victory celebration on the courthouse lawn, Dutch treat, of course.
E did not give up. They brought in a "big gun", former Georgia Attorney General Mike Bowers and a new attack began.
8/22/2004
The Advocate Democrat
Greensboro GA 30642
Mr. Editor:
On Thursday, August 19, Dr. Carol Couch, Director of the Georgia Environmental Protection Division, appeared in circuit court in Warrenton. Attorney Mike Bowers, representing Complex Environmental, the dump people, alleged she was in contempt of court. Bowers’ theory goes something like this; the Court has ruled that Complex Environmental’s dump plan conforms to the Taliaferro County Solid Waste Management Plan (SWMP). By having the audacity to read the SWMP and find the dump plan not in compliance, Dr. Couch has set herself above the Court.
Also, Bowers sees a conspiracy because Dr. Couch actually talked with opponents of the dump, before denying the permit. Can you imagine that? Receiving public input, constitutes a conspiracy. Apparently, he would have her just sit in her office and rubber stamp all permit applications she receives.
The judge asked Bowers what he would expect, if the ruling was in his favor. Bowers would have Dr. Couch put in jail, where she would remain until she approves the dump permit.
The Assistant Attorney General, representing Dr. Couch, argued that she had just done her job. There was no conspiracy and no contempt. Furthermore, Dr. Couch was not a party to the law suit Complex Environmental brought against the Taliaferro County Board of Commissioners, and they (Complex) have received everything they were granted by the Court’s decision.
In testimony, Dr. Couch and her associates, indicated they had looked at portions of the SWMP, not reviewed by the Court. How did they know what was reviewed? Complex Environmental filed transcripts with the permit application.
The portions of the SWMP, not reviewed by the Court, dealt with where Taliaferro County and the City of Crawfordville would dump their garbage. This testimony caused Judge Davis to intervene with his own questions to the witness. I felt his questions showed a skepticism as to the importance of this facet of the plan, which I find worrisome. This area of the plan is the basis for the dump permit being denied.
This hearing was well attended by interested citizens from Taliaferro County, most of whom came to support Dr. Couch. Also, the Taliaferro County Commissioners, the original defendants in this suit, and their attorneys were present, but had no part in the proceedings.
I left the courtroom with the feeling that the decision will go against Dr. Couch, and I hope I’m wrong. Some reasons I believe as I do:
1.Mike Bowers is a really good lawyer.
2.Judge Davis has already made a decision about the SWMP. To allow a different interpretation, would imply his earlier decision was incorrect. (The County’s expert witness testified to that, in the Commissioners’ contempt hearing.)
3.I glanced back over my shoulder while leaving the courtroom. A smiling Judge Davis had descended from the bench and was approaching Dick Wilson, the attorney for Complex Environmental, who won the previous case.
9/6/2004
The Advocate Democrat
Greensboro GA 30642
Mr. Editor:
On Friday, September 3, Judge E. Purnell Davis released his decision regarding contempt of court charges Complex Environmental, Inc. had brought against Dr. Carol Couch, Director of the state’s Environmental Protection Division. Boiled down to its simplest terms, the Court ruled Dr. Couch had done nothing to interfere with the Court’s order for the Taliaferro County Board of Commissioners to sign a letter stating, Complex Environment's landfill application complied with the county’s Solid Waste Management Plan. Therefore, the Court did not find Dr. Couch to be in contempt.
If that had been all that Judge Davis wrote, opponents of the proposed landfill could just savor a victory. However, he made other comments in his ruling, which leave this writer with reasons for concern.
During the courtroom testimony, I felt the Court was skeptical of the reasoning used by Dr. Couch to deny the landfill permit. In his opinion, Judge Davis states, “Mr. Mark Smith, Chief of the Land Protection Branch of the Georgia Environmental Protection Division, recommended site suitability but contends that there has not been compliance with the solid waste plan for Taliaferro County because there are no agreements with McDuffie and Wilkes Counties who have contracted to take Taliaferro county’s solid waste. Such a vague and, in the Court’s mind, superficial decision seems to beg the question: Could any county keep out a solid waste disposal facility by simply entering into an agreement with another county to take its solid waste? If this were true, would it not eliminate the need for zoning altogether? And, also, could not Taliaferro County continue to send its solid waste to McDuffie and Wilkes Counties?”
Then, after ruling Dr. Couch did not interfere with the execution of the Court’s order, Judge Davis writes, “Having said that, this Court has been furnished no authority which would allow the Director of the Environmental Protection Division to make a de novo finding of a county’s failure to comply with that county’s solid waste management plan once EPD receives written verification.” (de novo means: anew; afresh; again; from the beginning.)
As an observer in the courtroom, I felt the attorney for Complex Environmental presented a very strong case on these issues. I also felt the Assistant Attorney General defending Dr. Couch did almost nothing to counter the opposition’s claims.
It is my hope that attorneys defending Dr. Couch’s decision will go to school on the arguments presented in this hearing and be better prepared in the next arena.
Georgia law defines a process by which a decision of the Director of EPD can be appealed. The first step in the process is an appeal to an administrative law judge. E appealed the decision of the Director, and the administrative law judge overturned the denial of a permit. The gist of the decision seemed to make the Director of EPD a figurehead, with little real authority. We felt certain the Attorney General would appeal this decision which appeared to emasculate EPD, but he didn’t. This inaction led me to write the following.November 2, 2004
The Augusta Chronicle
There is a stench wafting its way across Taliaferro County and it doesn’t come from the proposed landfill. It seems to originate at the State Capitol.
A bit of history, after months of wrangling, the state Environmental Protection Division denied a private developer’s application for a landfill in Taliaferro County. The developer then hired high-profile attorney, Democrat turned Republican, Mike Bowers to appeal the ruling. An administrative law judge overturned the EPD’s denial and sent the matter back for further consideration. The Attorney General announced the ruling would be further appealed. Days later, the Attorney General announced the appeal was being dropped, at the request of the head of EPD.
Rumor has it that Bowers called or visited, Democrat turned Republican, Governor Sonny Perdue, before this course reversal. Looks like the good ol’ boy system is alive and well. The ol’ boys just wear different party labels. The interests of the economically disadvantaged are ignored, while the fat cats are catered to. Sonny is working hard to follow in the steps of his predecessor as a one-term governor.
Appeals were filed, however. The saga continued.
12/27/2004
The Advocate Democrat
Greensboro GA 30642
Mr. Editor:
On December 22, in Fulton County Superior Court the saga of the Taliaferro County landfill permit application continued. A brief review of events leading to this hearing follows.
The State Environmental Protection Division (EPD) denied Complex Environmental, Inc.’s (CEI) application to establish a landfill in Taliaferro County. CEI appealed the denial to an administrative law judge (ALJ), who overturned the denial, and ordered processing of the application to continue. Note, he did not order that the permit be granted. EPD did not appeal his decision.
A local citizens group, TCALF, and the Taliaferro County commissioners petitioned to intervene in the proceedings before the ALJ. Both petitions were denied on the basis that EPD would represent the interests of the county and the citizens. The county and TCALF, separately, appealed the ALJ’s denial of their petitions to intervene. The county’s appeal was denied, but TCALF’s appeal was scheduled for a hearing.
This brings us to Wednesday, December 22, when some 40 county citizens. and all three county commissioners traveled to Atlanta to witness TCALF’s appeal in Fulton County Superior Court. Before the hearing on TCALF’s appeal began, the judge reinstated Taliaferro County’s appeal in some limited fashion. I’m not sure I understand the ramifications of this decision, but the County’s attorney was allowed to participate in the hearing.
In this appeal, TCALF is represented by Justine Thompson of Georgia Center for Law in the Public Interest. She presented an argument justifying TCALF’s right to intervene. Then she presented an argument showing why the ALJ’s decision to overturn EPD’s denial of the landfill permit was a misinterpretation of the law.
Ms Thompson argued that local citizens can better represent their own interests than the State can. She further argued that the ALJ misapplied the law, when he refused to allow TCALF to intervene. Finally, the State’s failure to appeal the ALJ’s decision proves it is not representing the interests of TCALF.
Ms Thompson then explained why the ALJ’s decision to overturn EPD’s denial of the landfill permit was incorrect. It all goes back to the Taliaferro County Solid Waste Management Plan (SWMP).
The Taliaferro County SWMP in effect when CEI began its quest for a landfill permit did not comply with pertinent state regulations. In other words, the SWMP was illegal, and CEI knew it was illegal, at the time. The Taliaferro County Superior Court found CEI’s landfill plan complies with the illegal SWMP, but made no determination as to the validity of the SWMP.
Meanwhile, Taliaferro County developed a new SWMP, which was in compliance with state regulations. CEI’s plan is not consistent with the revised SWMP.
A quote from Ms Thompson’s brief summarizes the issue very nicely, “[T]he undisputed facts demonstrate that the SWMP is invalid and, as such, Respondent [CEI] is not entitled to a permit to operate under an invalid SWMP. The law is clear that the submittal of the verification must be under an approved plan.”
At this hearing, Taliaferro County was represented by Barbara Gallo, an attorney with expertise in environmental issues. Ms Gallo asserted EDP did not adequately represent the interests of Taliaferro County before the ALJ. Then, in basic agreement with TCALF’s attorney, she cited additional reasons the ALJ’s decision was incorrect.
CEI was represented by former attorney general Mike Bowers. Bowers’ response was low-key. He asserted the opposing parties’ interests had been properly represented by EPD. He further asserted the entire issue was moot, since CEI had received a compliance letter. In rebuttal, Ms Gallo said the issue was not moot, because CEI had not been granted a landfill permit and a compliance letter can be rescinded.
The matter is now in the hands of Fulton County Superior Court Judge Constance Russell. She must issue her decision by January 22, 2005. Whatever her decision may be, I predict it will be appealed.
1/23/2005
The Advocate Democrat
Greensboro GA 30642
Mr. Editor:
The legal wrangle over the proposed landfill in Taliaferro County has more highs and lows than a Six Flags’ roller coaster. In a letter, published December 31, 2004, I summarized, “The State Environmental Protection Division (EPD) denied Complex Environmental, Inc.’s (CEI) application to establish a landfill in Taliaferro County. CEI appealed the denial to an administrative law judge (ALJ), who overturned the denial, and ordered processing of the application to continue. Note, he did not order that the permit be granted. EPD did not appeal his decision.
“A local citizens group, TCALF, and the Taliaferro County Commissioners petitioned to intervene in the proceedings before the ALJ. Both petitions were denied on the basis that EPD would represent the interests of the county and the citizens. The county and TCALF, separately, appealed the ALJ’s denial of their petitions to intervene. The county’s appeal was denied, but TCALF’s appeal was scheduled for a hearing.”
I then described, at some length, the arguments advanced by both sides in appealing the ALJ’s decision.
My letter concluded with the statement, “The matter is now in the hands of Fulton County Superior Court Judge Constance Russell. She must issue her decision by January 22, 2005. Whatever her decision may be, I predict it will be appealed.”
Judge Russell released her decision on Friday, January 21, and it was a slam-dunk for the landfill’s opponents. In other words, TCALF won, the Taliaferro County Commissioners won, and Complex Environmental lost.
In my lay interpretation, Judge Russell reduced the issues to two, rather simple, questions. 1). Do TCALF and the Taliaferro County Commissioners have the legal standing to intervene in the proceeding? 2). Did the ALJ make the correct legal decision?
The judge found that EPD adequately represented both TCALF and the County before the ALJ. However, when EDP decided to not appeal the ALJ’s decision, its representation became inadequate. She also found that both applicants qualified as parties aggrieved by the ALJ’s decision. “[T]he Court finds that Petitioners have standing and are properly before the Court.”
After several paragraphs in which she reviewed the findings by the ALJ, the Court ruled:
“For the reasons stated above, The Court finds that the administrative court’s legal determination that the Director had no authority to make an independent determination that a permit application was not in compliance with a county waste management plan is contrary to law in that it is inconsistent with the authority given to the Director by the Georgia Solid Waste Management Act. The decision of the administrative court is therefore, REVERSED.”
It is my understanding that the effect of this decision is to reinstate EPD’s denial of CEI’s application for a landfill permit. So, pending the next appeal, the “done deal” is undone, again.
After all appeals of the above decision were rejected, the next letter was my attempt to wrap things up.
Click Here for complete summary
10/15/2005
The Advocate Democrat
Greensboro GA 30642
Mr. Editor:
Now that efforts to make Taliaferro County the garbage dump for the eastern United States have been defeated, it is time to recognize some of the key people in the process. While many people have supported this effort, I think three organizations and their leaders made outstanding contributions, which resulted in this victory.
First and foremost, the Taliaferro County Board of Commissioners had the backbone to stand-up for the majority of the county’s citizens. They said no to the financial enticements offered by the dump’s proponents. Then they defied a court order by refusing to sign a letter they believed misstated the facts. For their defiance, they spent a night in jail and the dispute received statewide publicity. One other point, early in the process Commission Chairman Charles Ware saw the need for a citizen’s organization, which opposed the landfill and was independent of the County Commission. Thus, TCALF was born and its existence contributed significantly to the landfill’s defeat.
The next key player in the process was Dr. Carol Couch, Director of the State Environmental Protection Division. She and her staff rejected the application for a landfill in Taliaferro County. Dr. Couch was in position to make this decision because of a most unlikely event; the people of Georgia elected a Republican governor. The EPD Director for the previous Democratic administration testified in court that he basically rubber stamped a landfill permit that was accompanied by an approval letter from the County Commission. There was a second unlikely event that may have influenced Dr. Crouch’s decision. The Georgia Legislature designed the 12th Congressional District to elect a Democrat. The voters ignored the legislature and elected a Republican, Max Burns. Congressman Burns arranged and participated in a conference call between TCALF members and Dr. Couch. While I believe Dr. Couch made her decision strictly on the merits of the case, this call allowed her to receive information not found in the landfill application, which by its nature was pro-landfill.
The third key organization in this process was the Georgia Center for Law in the Public Interest, which signed on as TCALF’s attorney, at no cost. Justine Thompson and her staff represented TCALF in an appeal, after an administrative law judge overturned Dr. Couch’s denial of the landfill permit. She was victorious in her appeal and all subsequent appeals by the other side were rejected. Both Taliaferro County and TCALF appealed the administrative law judge’s decision; strangely enough the State of Georgia did not. TCALF’s appeal was allowed. The County’s was denied, but later allowed. If the citizens group had not been organized and given standing in the appeal process, no one can say where this battle may have ended.
TCALF was not listed as having a key role in the series of events leading to final defeat of the proposed landfill in Taliaferro County. By my definition, it didn’t. It had no authority to make decisions and it could not speak for itself in the legal process. To me, TCALF was a catalyst; it influenced decisions and engaged legal representation. Nathan Yanasak, who proves you don’t have to be born here to have the best interest of Taliaferro County at heart, ably led it. There were a lot of loyal TCALF supporters, who donated both time and money to keep the organization going. They can each take pride in the fact that we finally accomplished our goal. Citizens of our county are more united today than they have ever been; surely, something else good will ultimately come from our efforts.
Click here for another view
No comments:
Post a Comment