Board of Natural Resources v. Duke Energy Sandersville, LLC

Johnson, Presiding Judge.

The Environmental Protection Division of the Georgia Department of Natural Resources issued an air quality permit, allowing the construction and operation of a power plant, to Duke Energy San-dersville, LLC. The Sierra Club and the Georgia Public Interest Research Group filed an administrative appeal challenging the permit.

Duke then filed a declaratory judgment action in superior court seeking a declaration that a Board of Natural Resources rule which stays permits upon the filing of an administrative appeal does not apply to the construction and operation of its…