11th Circuit Rules Against Brunswick City in Suit Over Hazardous Waste Cleanup

A federal appeals court has ruled in favor of Georgia Power and Honeywell International in their fight against a lawsuit filed by the city of Brunswick, Georgia. The 11th Circuit panel unanimously decided that the case should be heard in federal court, not state court, as requested by the city.

The lawsuit accuses the companies of failing to properly clean up hazardous waste at a Superfund site and claims they have continued to contaminate coastal marshlands with pollutants. The companies argue that their obligations under an Environmental Protection Agency-mandated consent decree, which requires them to conduct a $29 million cleanup effort, entitles them to federal jurisdiction.

The EPA has significant authority over the Superfund site cleanup efforts and has tasked the defendants with responsibilities that would otherwise be performed by federal officers. The 11th Circuit panel found this satisfies the test for federal officer removal under the federal officer removal statute.