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March 19, 2013 - Press Release
March 19, 2013 - Press Release
March 19, 2013 - Press Release
NEWLY ORGANIZED CITIZENS REQUESTING AQUIFER PROTECTION 479 East Paces Ferry Road, #818, Atlanta, Georgia, 30305, 770-847-0127
BLOG: http://nocrapgeorgia.blogspot.com/ E-MAIL: nocrap.ga@gmail.com
March 19, 2013 Press Release - Atlanta, Georgia. Bold underlined font is a hotlink.
future water resources. After briefly summarizing relevant law, the notice explains how Atlantas position is not defensible because it relies on a regulatory interpretation by the EPA which has already been discredited by the Eleventh Circuit Court of Appeals. The notice concludes with urging Mayor Reed to obtain regulatory clarity, not from the EPA, but rather from Judge Thrash. Reed failed to respond. On September 20, 2012, Judge Thrash held a hearing to consider the final motion to amend one of Atlanta's consent decrees. Hal Wright and William A. Weinischke (DOJ) requested that Judge Thrash entertain briefs about the UIC issue. The briefs were intended to provide differing opinions so that Judge Thrash could decide whether Atlanta's injection wells need UIC permits. Hal Wright's brief and exhibit include a short history of the consent decree party's failures to address the UIC issue, provides legal background, and explains the relevance of the UIC issue to Atlanta's consent decrees. William Weinischke merely wrote that the UIC issues had already been addressed and denied their relevance but provided no legal substance. In an October 30, 2012 follow-up submittal to the Court, Hal Wright wrote, "My clients are outraged that EPA/EPD, the two governmental entities charged with protecting the waters of the State of Georgia as a public trust resource, would so blatantly continue to mislead this Court with untruths, false innuendos, and misrepresentations. While the Governments are entitled to their view that there is nothing in the Memorandum that has not already been addressed by these Governments, this convenient conclusion is simply that. The Governments' position is contrary to the facts." "Your Honor, the reason the EPA/EPD and the Governments will not engage in a substantive discussion of the Underground Injection Control issue is because they have nothing of substance with which to engage." "...this Court is particularly obligated to interpret and apply federal law, especially in circumstances of controversy. We anticipate the Court's written opinion clarifying this matter in the near future." EPA/EPD's failure to enforce UIC permit requirements does not relieve water/sewer ratepayers from the consequences of the city's compliance failure. The failure of Mayor Kasim Reed to obtain regulatory clarity from Judge Thrash along with the absence of any decision from Judge Thrash about the briefs is an invitation to an indefensible lawsuit. Whether The Atlanta City Council will pass legislation which requires Mayor Reed to obtain regulatory clarity from Judge Thrash remains to be seen. This Press Release can be viewed on the NOCRAP Blogsite. For additional information please contact NOCRAP.