Patricia T Barmeyer

Partner
pbarmeyer@kslaw.com
Phone: (404) 572-3563
Fax: (404) 572-5100

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Ms. Barmeyer’s recent legal experience includes:

  • Currently defending permits for the construction and operation of Longleaf Energy Station’s 1200 MW $2 billion coal-fired power plant against challenges by local and national environmental groups. After pre-hearing motions, a 21-day evidentiary hearing, and a day of oral argument, the Administrative Law Judge affirmed the permit in all respects in January 2008. That decision was reversed by the Superior Court. On July 7, 2009 the Georgia Court of Appeals issued its decision reversing the Superior Court on five of its six rulings and directing the ALJ to review her decision in accordance with specific instructions. Longleaf Energy Associates, LLC v. Friends of the Chattahoochee, Inc., 2009 Ga. App. LEXIS 787 (2009).

  • Representing the Atlanta Regional Commission and local governmental water suppliers in the multifaceted tri-state “water wars” litigation brought in federal courts in Georgia, Alabama, Florida, and the District of Columbia. Recent accomplishments include successfully defending against requests for injunctive relief on endangered species claims brought by Florida, Alabama v. United States Army Corps of Engineers, 424 F.3d 1117 (11th Cir. 2005), and persuading the Judicial Panel on Multi-District Litigation to consolidate and transfer multiple cases to a neutral forum. In re Tri-State Water Rights Litigation, 481 F.Supp.2d 1351 (M.D. Fl. 2007).

  • Lead counsel in a landmark case establishing the limited jurisdictional scope of the Georgia Coastal Marshlands Protection Act, after lower courts and administrative tribunals had misinterpreted the statute, causing uncertainty and delay for landowners developing property on the Georgia coast. Coastal Marshlands Protection Committee v. Center for a Sustainable Coast, 286 Ga. App. 518 (2007), affd. 284 Ga. 736 (2008).

  • Representation of local government water supply providers in regulatory and litigation matters relating to permits for reservoirs, rights to withdraw water from existing public and private reservoirs and other water rights issues. Successful defense in U.S. District Court of challenge to Section 404 permit issued to the Henry County Water & Sewerage Authority for construction of a water supply reservoir.

  • Won summary judgment for the defense in a Superfund case brought by the State of New York by persuading the U.S. Court of Appeals for the Second Circuit to correct its own precedent and to apply traditional common law principles to determine that an asset purchaser had no liability under NY law or Superfund for the pollution caused by the seller, since it was an arms-length transaction of assets only, with no continuity of ownership between seller and buyer. State of New York v. National Service Industries, Inc., 460 F.3d 201 (2nd Cir. 2006).

  • Lead counsel for the State of Georgia and the Georgia Department of Transportation in multiple lawsuits brought by environmental groups related to compliance with the Clean Air Act and transportation conformity requirements in the Metropolitan Atlanta non-attainment area, including successful defense of an action seeking to invalidate the $1.9 billion three-year transportation plan for the Atlanta area. Sierra Club et al. v. Atlanta Regional Commission, 171 F. Supp. 2d 1349 (N.D. Ga. 2001) (denying plaintiffs’ motion for preliminary injunction), affirmed on appeal.

  • As a Senior Assistant Attorney General, was lead counsel for the State of Georgia in an original action involving the State boundary, State waters and property rights, including the lateral seaward boundary. Georgia v. South Carolina, 497 U.S. 376 (1990).

OFFICES  

Atlanta
1180 Peachtree Street, NE
Atlanta, GA 30309-3521
Phone: (404) 572-3563

PRACTICE AREAS  
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