State committee sued over failure to protect Georgia coast

Atlanta- The Southern Environmental Law Center filed an appeal yesterday challenging the decision of the state's Coastal Marshlands Protection Committee to allow the development of a marina complex near Cumberland Island National Seashore that would endanger a number of federally and state-protected species in one of the most environmentally sensitive areas of the state.

"We can't stop development from coming to Georgia's coast but we can make sure that this unique and treasured place remains for our children to enjoy," said Chris DeScherer, Senior Attorney with SELC who, with the Turner Environmental Law Clinic at Emory University, is representing the Center for a Sustainable Coast, Georgia River Network, and Satilla Riverkeeper in the appeal. "The Coastal Marshlands Protection Committee must fulfill its duty to ensure that developers like Land Resource Companies don't take away the future of our coast by failing to protect the wildlife and the marshlands. Otherwise, we can be sure that other irresponsible projects will move forward with the same lack of oversight."

In March, the Coastal Marshlands Protection Committee approved a plan by Atlanta developer Land Resource Companies to build the largest marina development in coastal Georgia approximately two miles west of Cumberland Island National Seashore. The permit was issued without requiring the developer to adequately assess and protect the wildlife, marshlands, and tidal waters that will be impacted by the project. The plan would bring more than 800 boats to the area, posing a severe risk of boat strikes to the federally and state protected species that inhabit the area including manatees, sea turtles, and right whales - the most endangered large whale species in the world.

Just last month a recreational boat of similar size to those that would be served by the proposed development struck a right whale off of Cumberland Island. In recent months, an unprecedented five right whales have been killed by boat strikes or entanglement in fishing gear. Approximately 300 right whales are left in existence in the world. The shallow coastal waters of southern Georgia are especially important to this critically endangered animal. The intensive development of the upland portion of the project, including marina buildings and residential and commercial development, would also destroy habitat for federally-protected wood storks, Eastern indigo snakes, and state-protected gopher tortoises.

"This development is dangerous to all who care about Georgia coasts," said David Kyler of the Center for a Sustainable Coast. "Allowing this development to go forward as permitted risks our marine life, our wildlife and our coastal heritage. We simply cannot afford to take risks with our state's most unique natural treasures."

The Georgia Marshlands Protection Act requires the Coastal Marshlands Protection Committee to evaluate whether the granting of a permit "will unreasonably interfere" with the conservation of marine life and wildlife. Despite this, the courts have had to intervene over the last year through rulings against the Committee involving development at Emerald Pointe, near Savannah and Man Head Marina near St. Simons Island. These rulings have set strong precedent for the Committee to change its practice of issuing permits without fully considering impacts of the entire development.

"The Satilla Riverkeeper is confident that the project, as proposed, sets dangerous and far-reaching precedents for residential development in South Georgia and along the coast. This is not smart growth, for Camden, or any other county in Georgia," said Gordon Rogers of the Satilla Riverkeeper.

The development at Cumberland Harbour will include two large-scale marinas and community and private docks. The marinas will comprise the largest marina facility ever to be permitted on the Georgia coast. Furthermore, the amount of docking space will be roughly equivalent to the amount of public docking space in all of Glynn or Chatham counties. The developer also plans between 900 and 1,200 homes and commercial facilities on the upland.