Senate Bill 524 Is Unwise & Unwarranted
By David C. Kyler,
Executive Director, Center for a Sustainable Coast
Editorial published or referenced in several area newspapers, February 2004
Senate Bill 524 would impose unfair obstacles in the
path of any citizen, property owner, or non-profit
group seeking to exercise their right to challenge a
state permit. By requiring a bond to be posted prior to
any appeal being accepted for processing, this
ill-conceived measure would make an appeal
financially impossible for all but the wealthy.
Proponents of this legislation falsely claim that there
has been a surge in appeal of environmental permits
that needs to be squelched, despite evidence to the
contrary. Records from the office of the state
Attorney General reveal that, of the hundreds of
permits issued, there were only twenty appeals filed
against DNR in the past 12 years, and all but five of
these were actions initiated by developers or property
owners. It is supremely ironic that this bill is being
promoted as a defense of these same interests, when
it would actually penalize them by adding enormous
cost when they try to get a harmful permit reconsidered.
Contrary to claims being made, this bill is not a
defense of property rights, but an assault on them and
on the public interest as well. Senate Bill 524 is
another example of a power grab by the privileged
few to gain unjust advantage over common citizens,
property owners, and various non-profit groups that defend
them. It should be recognized that most successful
appeals provide no profit whatsoever for the winner,
while the narrow interests that would benefit from this
legislation make huge profits by using public resources,
no matter how flawed their permits may be.
Moreover, environmental law experts persuasively
argue that this measure would violate constitutional
rights and breach key provisions of federal safeguards
for clean air and water. SB524 would give a shameful
upper hand to anyone profiting from public resources
at the expense of those defending their lawful
interests as citizens and property owners. Thoughtful
Georgians, who will see this bad policy for what it is,
are advised to make their opinions heard loud and
clear in Atlanta as soon as possible.
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