Federal Court Keeps Pollution Lawsuit Against Georgia Power and Honeywell

Atlanta-based companies Georgia Power and Honeywell International have won a major court victory in their ongoing battle against pollution claims. A unanimous decision by an 11th Circuit panel has sent the city of Brunswick's lawsuit back to federal court.

The suit accuses the two companies of failing to properly clean up hazardous waste at a Superfund site, including releasing over 1 million pounds of mercury and hundreds of tons of PCBs into the environment. The EPA classifies PCBs as probable human carcinogens.

The consent decree requires Georgia Power and Honeywell International to conduct a $29 million cleanup effort at a 760-acre saltwater marsh site. Despite the requirements, the city claims that more waste has been spilled and that the companies have not done enough to permanently remove pollution from city property.

US Circuit Judge Elizabeth Branch wrote on behalf of the panel that the defendants' alleged liability arises out of their obligations under an EPA-mandated consent decree to remediate the plant site. The 11th Circuit agreed with the defendants that they are entitled to have the case heard in federal court under the federal officer removal statute.