Tag Archives: UGA Regents

HB 59 to waive sovereign immunity in certain cases

Sue the state? You’ll lose, because of sovereign immunity, unless HB 59 passes. Then you might be able to sue GA-DNR for circumventing permiting in allowing construction on the Georgia Coast, or if it should approve a compressor station in Albany, or if it should issue any other permits for the Sabal Trail fracked methane pipeline.

State agencies such as the Department of Natural Resources (GA-DNR), can use “letters of permission” to do things like make alterations to Georgia’s coast, and anyone suing to stop it runs up against sovereign immunity unless the issuing agency has expressly waived it. Now that may change with HB 59, “State tort claims; waiver of sovereign immunity for declatory judgment or injunctive relief; provide”. It has six co-sponsors, including Jay Powell, District 171, Camilla, Mitchell County, GA.

Here’s the key part: Continue reading