Late last week, the Southern Environmental Law Center (SELC) and the Sierra Club filed a lawsuit challenging the Georgia Environmental Protection Division’s (EPD) permit allowing Georgia Power to add four new gas- and oil-fired units at Plant Bowen, located in Bartow County.
The four proposed fossil fuel units would generate significant amounts of ozone pollution—also known as smog—worsening air quality for millions of Atlanta-area residents and increasing exposure to harmful pollutants. Ozone pollution is linked to asthma attacks, reduced lung function, heart problems, missed school and work days, and premature death. It poses heightened risks to children, older adults, and people with respiratory or cardiovascular conditions.
Atlanta’s air quality is already in violation of federal health-based standards for ozone pollution. Although the region was reclassified in 2022 as meeting the federal ozone standard, recent air monitoring data show pollution levels once again failing to comply. Under federal law, when an area violates the ozone standard, the state must implement contingency measures designed to prevent further deterioration of air quality.
In comments submitted on the draft permit, the groups argued that these required contingency measures include nonattainment New Source Review rules. Under those rules, new or expanded industrial sources contributing to ozone pollution must meet stricter emissions controls and permitting requirements. The groups contend that EPD failed to apply those requirements and approved the project regardless. They are now appealing the decision before the Georgia Office of State Administrative Hearings.
“EPD refused to follow their own plan for addressing federal ozone violations and instead gave Georgia Power a green light to emit significantly more smog-forming pollution, putting the health of surrounding communities at even greater risk,” said Marissa Land, associate attorney for the Southern Environmental Law Center. “As Georgia Power continues to roll out the red carpet with massive new fossil fuel projects for data center demand that may never materialize, Georgians are paying the price with dirtier air and higher bills. EPD must be held accountable for failing to protect public health and Georgia’s air quality.”
“Building more fossil fuel power plants in 2026 defies logic. Cleaner and reliable alternatives are available, can be built faster and cheaper, and would not release climate-altering emissions,” said Adrien Webber (he/him), Sierra Club Georgia Chapter Director and a plaintiff in the suit. “Expanding Plant Bowen’s gas capacity will increase air pollution and impact millions of Georgians. We all deserve breathable air, and this project should not move forward as permitted.”
