Hughey v. Gwinnett County

Because the majority opinion violates standards of judicial review and steps beyond the proper role of the judiciary, I respectfully dissent.

The majority states that the administrative law judge (“ALJ”) erred in finding that the level of treatment required in the permit is “the highest and best practicable under existing technology” under Ga. Comp. R. & Regs. r. 391-3-6-.03 (2) (b). But in doing so, the majority not only substitutes its own judgment for that of the ALJ, but effectively rewrites the regulation to read “the highest and best possible” rather than “the highest and best…