City of Atlanta to pay $485,000 for violating federal consent decree
The city of Atlanta was fined $485,000 for violating federal consent decree mandates. The city of Atlanta has been ordered to pay $485,000 for violating a federal consent decree regarding an undeveloped piece of land along Hortense Way that fell under additional greenway protections. The order stated that no more than 10% of the area along designated water sources could be developed for public use, as a way to reduce erosion and pollution. Despite this, the city failed to receive approval from the EPA and EPD. The city's Department of Watershed Management, which oversees greenway projects, continued work on the pathway while the EPA investigated potential violations. The EPA responded to retroactive approval of the project plans by the city, but continued work for another year before the federal agency confirmed the violations.
Published : a month ago by Riley Bunch in Environment
An undeveloped piece of land along Hortense Way that played a crucial role in the project falls under additional greenway protections, the order says, adding that no more than 10% of the area along designated water sources can be developed for public use, as a way to reduce erosion and pollution.
Despite the protected status of the area, the city of Atlanta received a grant to build a path from Grove Park to Westside Park and plans to develop the property along Hortense Way.
The project was well underway by January 2021, even though the city failed to receive approval from the EPA and EPD, according to the order. City contractors continued work on the pathway while the city’s Department of Watershed Management — which oversees greenway projects — investigated potential violations.
The department requested retroactive approval of the project plans by the EPA, but continued work for another year before the federal agency responded that the work did violate consent decree requirements. By that point, the area had been cleared, utility infrastructure installed, trees planted and a pedestrian bridge built.
The EPA determined demolishing the bridge “would present a greater impact to the stream than leaving it in place.”
In 2022, the EPA levied the $485,000 penalty for disturbing the greenway area, which the city filed a formal dispute against in 2023. Atlanta argued that the EPA was slow to approve the project and that the fine outweighed the environmental harm caused.
The EPA and city’s Department of Watershed Management agreed to continue the project in compliance with the federal mandates.
However, Thrash ruled that the city still violated federal mandates by moving forward with a project without proper environmental approval.
“The Court is not unsympathetic to the City’s efforts to develop the Greenway property at Hortense Way to connect Westside and Grove Parks,” Thrash wrote in last week’s opinion and order. “But for 25 years in a variety of disputes, the Court has said that the Consent Decree must be complied with notwithstanding political pressures or political considerations affecting the City.”
A spokesman for the mayor’s office did not immediately respond to a request for comment on the order.