346 Ga. App. 269
Ga. Ct. App.2018Background
- Rayonier Performance Fibers operated a pulp plant in Jesup and received a 2015 NPDES permit from Georgia EPD authorizing discharge into the Altamaha River.
- Altamaha Riverkeeper filed for an administrative hearing claiming the permit’s discharge adversely affected it and its members under the narrative water-quality standard (Ga. Comp. R. & Regs. r. 391-3-6-.03(5)(c)).
- The ALJ interpreted the narrative standard to prohibit any interference with legitimate water uses and found Rayonier’s discharge had the reasonable potential to violate the standard (color and odor effects during low flow).
- On judicial review, the Wayne County superior court reversed the ALJ, adopting EPD’s interpretation that the narrative standard prohibits only unreasonable interference and concluded Rayonier’s discharge was not an unreasonable interference.
- The Court of Appeals reviewed de novo the legal interpretation, deferred to EPD’s reasonable construction of its rule, affirmed that the rule requires unreasonable (not any) interference, but vacated the superior court’s factual resolution and remanded for the ALJ to reapply the correct legal standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper construction of the narrative standard—does it prohibit any interference or only unreasonable interference with legitimate water uses? | Riverkeeper: text means any interference; ALJ: prohibits any interference. | EPD/Rayonier: reasonable construction is that the rule bars only unreasonable interference and should be read with designated-use context. | The court held the rule is reasonably interpreted to prohibit unreasonable interference; EPD’s interpretation entitled to deference. |
| Whether the superior court could resolve factual findings about reasonableness on judicial review | Riverkeeper: superior court should not make new factual findings; ALJ’s findings support violation under ALJ’s standard. | Rayonier/EPD: superior court concluded ALJ erred legally and found evidence showed no unreasonable interference. | The court held the superior court erred by substituting its fact-finding; remanded so ALJ can apply the correct legal standard and reconsider facts. |
| Standard of review for agency rule interpretation | Riverkeeper: agency’s interpretation here is unreliable and post hoc. | EPD: its interpretation was offered during proceedings and reflects fair and considered judgment entitled to deference. | The court applied deference to EPD (Auer-type deference) because there was no record showing post-hoc or inconsistent positions. |
| Scope of narrative standard vis-à-vis designated uses | Riverkeeper: narrative standard applies broadly, independent of designated use. | EPD/Rayonier: narrative standard must be read in context of designated uses to avoid elevating protection beyond designated use. | Court agreed with EPD that the narrative standard should be read in context and not convert a waterbody’s designated use to a higher use. |
Key Cases Cited
- Upper Chattahoochee Riverkeeper, Inc. v. Forsyth County, 318 Ga. App. 499 (2012) (discusses state administration of NPDES and judicial review context)
- Quigg v. Ga. Professional Standards Comm., 344 Ga. App. 142 (2017) (explains appellate duty is to review agency final decision)
- Barrow v. Dunn, 344 Ga. App. 747 (2018) (de novo review of legal errors in superior court review of ALJ)
- Auer v. Robbins, 519 U.S. 452 (1997) (deference to agency interpretation of its own regulations)
- Christopher v. SmithKline Beecham Corp., 567 U.S. 142 (2012) (limits deference where agency position appears to be post hoc litigating position)
- Huckaby v. Cheatham, 272 Ga. App. 746 (2005) (definition/usage of "interfere")
- The Atlanta Journal &c. v. Babush, 257 Ga. 790 (1988) (administrative interpretation of rule controls unless plainly erroneous)
- Southeastern Aluminum Recycling, Inc. v. Rayburn, 172 Ga. App. 648 (1984) (when judgment rests on erroneous legal theory, remand to ALJ for reconsideration is required)