11th Circuit Orders Georgia Power, Honeywell Pollution Case to Remain in Federal Court
A three-judge panel of the 11th Circuit decided that the city of Brunswick's lawsuit against Georgia Power and Honeywell over mercury and PCB contamination must be heard in federal court, not state court.
On Monday, the 11th Circuit unanimously held that the lawsuit filed by the city of Brunswick, Georgia, accusing Georgia Power Company and Honeywell International of ongoing mercury and PCB contamination must stay in federal court. The judges reasoned that the defendants' liability arises from obligations imposed by an EPA-approved consent decree, which gives the federal agency substantial control over the cleanup. That decree, issued in 2016, requires a $29 million effort to restore a 760-acre coastal marsh.
The city contends the firms have not sufficiently removed pollutants from property outside the designated Superfund site and have allowed further spills. The panel reversed a 2023 district-court order by Judge J. Randal Hall that had sent the case to Glynn County state court, finding the EPA’s oversight satisfies the federal officer removal test. Georgia Power spokesperson Matthew Kent welcomed the ruling, emphasizing community safety, while Honeywell declined to comment. The decision underscores the role of federal jurisdiction in large-scale environmental remediation disputes.
Why it matters
It determines whether a major coastal pollution lawsuit will be litigated under federal environmental law, affecting cleanup responsibility and precedent.
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