Patricia T.
Barmeyer

Represented Rayonier Performance Fibers, LLC, in securing renewal of the NPDES discharge permit for its Jesup pulp mill, the world's largest producer of cellulose specialty products. The permit had been reversed by the administrative law judge, who imposed a novel and unreasonable construction of the narrative water quality standard. That erroneous decision, which threatened the permitting program for all industrial and municipal dischargers in Georgia, was reversed by the Superior Court in March, 2017, which resulted in affirmance of the renewed permit.

Represented Sea Island Company in securing, and successfully defending to an Administrative Law Judge and then to Superior Court, the state Shore Protection Act permit for a controversial beach nourishment, dune construction and groin project for its beach.

Successfully defended Rayonier Performance Fibers, LLC, and Rayonier, Inc. in a citizens suit alleging that the world's largest cellulose specialty products pulp mill was violating its NPDES discharge permit. Altamaha Riverkeeper, Inc. v. Rayonier, Inc., No. CV 214-44, 2015 U.S. Dist. LEXIS 42849 (S.D. Ga. Mar. 31, 2015). Summary judgment was granted on all counts and the appeal of that decision was voluntarily dismissed.

Has successfully defended the ability of the Atlanta Regional Commission, the City of Atlanta and other local water supply providers to continue to provide drinking water to the metro area, in the protracted and multifaceted, tristate “water wars” litigation in multiple federal courts. A significant win was achieved when the U.S. Court of Appeals for the Eleventh Circuit reversed the order of the district court that would have severely curtailed the water supply available for the metropolitan Atlanta area. In re MDL Tri-State Water Rights Litigation, 644 F.3d 1160 (11th Cir. 2011). Another accomplishment in this case is the successful defense against requests for injunctive relief on endangered species claims brought by Florida.

Represented Longleaf Energy Associates, LLC and a consortium of electric membership cooperatives in securing and defending all permits required for the construction and operation of two $2 billion+ coal-fired power plants, in the face of multiple challenges by local and national environmental groups and additional regulatory hurdles imposed by U.S. EPA. See, e.g., Longleaf Energy Associates, LLC v. Friends of the Chattahoochee, Inc., 2009 Ga. App. LEXIS 787 (2009).

For a Fortune 50 company, handled the internal investigation of a systematic failure to report discharge permit violations, and negotiated a very reasonable civil penalty with the environmental regulatory agency.

Successfully defended in state and federal court courts challenges based on NEPA and other issues to the § 401 water quality certification and § 404 dredge and fill permit issued to the Henry County Water & Sewerage Authority for construction of a water supply reservoir.

Represented a coastal developer 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).

Obtained summary judgment for National Service Industries, Inc. 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 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).