Marina dispute could affect coastal growth

Michael DeMell, environmental consultant to Cumberland Harbour development, stands on a newly constructed dock that comes off a deep water lot in St. Marys, Ga. The marina and housing development takes up part of a peninsula frequented by northern right whales. (Stephen Morton / AP file)

A legal fight over whether the law protecting Georgia marshlands can extend to residential developments on dry land is headed to the state Supreme Court, which could set a precedent imposing tougher standards on construction near salt marshes along Georgia's 100-mile coast.

The court will hear arguments Monday in a dispute between environmentalists and the developer of Cumberland Harbour, a 1,014-acre gated subdivision built on a peninsula surrounded by marsh in Camden County near the Georgia-Florida border.

The developer, the Land Resource Companies, was granted a state permit in 2005 to build two marinas and three community docks at Cumberland Harbour. They would make up the largest marina complex in Georgia with more than 17,500 linear feet of floating docks.

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Opponents have tied up the project in court ever since, arguing state regulators granted the marina permit without considering potential harm to the marsh from polluting stormwater runoff from the entire development - including homes built on the peninsula's uplands.

It will be the first time the state Supreme Court has considered whether development on land, rather than in the marsh itself, is covered by safeguards in the Coastal Marshlands Protection Act. The regulatory committee that issues permits says it lacks that authority under the law.

"It's a big deal because there's been a wholesale failure of government to protect the marsh other than to keep it from being filled in," said Gordon Rogers, the Satilla riverkeeper and one of the plaintiffs in the case. "The act is broader than how they're using it."

The 1970 state law was passed to protect Georgia's 378,000 acres of marshland, about a third of the total on the East Coast, from destruction. Salt marshes serve as wildlife habitat, help shield coastlines against flooding and erosion, and feed marine animals miles offshore with their decaying grasses.

The law requires a regulatory permit for any development "on or over marshlands." Attorneys for Land Resource, as well as Georgia's attorney general, say the only upland construction the law has been applied to are portions of marinas such as fuel tanks, storage buildings and parking lots.

"We are confident in the correctness of our legal argument that (the law) was not intended to and does not regulate the uplands residential development at Cumberland Harbour," said Patricia Barmeyer, an attorney for the developer.

Part of the area to be developed. (Courtesy Livesouth.com)

One of the law's authors, former state Rep. Reid W. Harris of St. Simons Island, also insists it would be a stretch to apply the marshlands act to homes on dry land. Harris, a retired lawyer, filed a brief with the Supreme Court saying the law wouldn't have passed had legislators feared it would restrict private property rights.

Stephen O'Day, an attorney working on the case with the Southern Environmental Law Center, argues the marinas are an integral piece of the overall Cumberland Harbour subdivision.

O'Day points to ponds on the property designed to collect stormwater runoff from all parts of the development - including the marinas. The ponds then filter out pollutants before piping the water back onto land. Some of that stormwater, O'Day says, will flow into the marsh. But how much comes from the marinas?

"You can't separate out the stormwater discharge from the marina and other stormwater discharge from the project," O'Day said. "It's all one stormwater system."

He also notes the Marshlands Protection Act gives state regulators power over any activity that would drain, fill in "or otherwise alter" Georgia marshlands. Because stormwater runoff can upset the delicate salinity balance of salt marshes, O'Day says, it should be considered an alteration.

Other Georgia developers and coastal landowners are watching the case.

The Sea Island Company, the Georgia-based owner and developer of coastal luxury resorts, says applying the marshlands act to upland development would be "grossly onerous and unfair" to property owners.

"The impact of this would be staggering," a Sea Island attorney wrote in a brief filed with the Supreme Court, saying the state would become "regulators of land-disturbing activities on hundreds of thousands if not millions of acres in Georgia's coastal region."

The Cumberland Harbour marina proposals stirred controversy not just because of their size, but also because of their location.

The marinas would launch hundreds of pleasure boats in waters within two miles of federally protected Cumberland Island. Endangered right whales migrate to those waters every winter to birth their calves. Researchers believe only 300 to 350 of the rare whales still exist, and collisions with ships and boats is their No. 1 killer.

An administrative law judge in 2006 sent the Cumberland Harbour marina permit back to state regulators, saying they hadn't properly assessed the threat to right whales and other protected species such as manatees and sea turtles. The judge also ruled regulators had to consider the impact of the "entire project" on the marsh, including upland homes.

Last year, the Georgia Court of Appeals unanimously reversed the lower court on the residential construction issue, saying that interpretation was too broad. One of the judges urged legislators to expand the scope of the law.

The Supreme Court's ruling won't be the final word on whether Cumberland Harbour can build its marinas. Regardless of the outcome, regulators will still have to settle issues related to protected species from the 2006 judicial ruling.

Click here for more GPB News coverage of statewide environmental issues.

(The Associated Press)

17-mill goes to rural counties' economic development

More than 17-million dollars in grant money was awarded today to help kick-start economic development in rural areas of Georgia.

The money comes from the OneGeorgia Authority, which uses tobacco settlement money to help less-populated counties and towns attract new companies. It also helps expand existing business, and boost public infrastructure.

Nearly 10-million dollars is going to 7 rural counties and their development authorities. It includes 6-million earmarked for Treutlen County’s area development of the Range Fuels ethanol plant, which just had its groundbreaking Tuesday. Another million-and-a-half dollars goes to Twiggs County, to buy land for a new sporting goods distribution center.

Other money awarded is going to development and improvements in the northeast Georgia counties of Franklin, Hart, and Stephens.

Coal-Fired Power Plant Co-investor Ends Joint Venture

Power producer Dynegy Inc. on Friday said it plans to dissolve a development joint venture with LS Power Associates LP, due to constrained credit markets and economic uncertainty.

Dynegy will record an undisclosed loss in 2009 related to the transaction while LS Power will receive about $19 million in cash during the first quarter to reflect the relative value of assets exchanged.

The two companies agreed to the dissolution and that Dynegy will acquire exclusive rights, ownership and developmental control of all repowering or expansion opportunities related to its existing portfolio of operation assets.

LS Power will acquire full ownership and developmental rights associated with various "greenfield" projects under consideration in Arkansas, Georgia, Iowa, Michigan and Nevada, as well as other power generation and transmission development projects not related to Dynegy's existing operating portfolio of assets.

"Today, the development of new generation is increasingly marked by barriers to entry including external credit and regulatory factors that make development much more uncertain," said Bruce Williamson, Dynegy's chief executive.

"In light of these market circumstances, Dynegy has elected to focus development activities and investments around our own portfolio where we control the option to develop and can manage the costs being incurred more closely."

Click here for previous GPB News coverage of this developing story.

(AP)

Recession not slowing economic development push

Georgia like the rest of the nation is suffering through the recession. But a group of state economic development leaders on Tuesday said Georgia is well positioned to weather the storm while still expanding its global reach.

That’s because they say key ingredients remain strong in Georgia. They point to workforce training, ability to attract a young population, and Georgia’s transportation infrastructure.

Ken Stewart with Georgia’s Department of Economic Development acknowledges the state’s construction and textile sectors have taken hard hits in the ailing economy. But he says for the past six months, the state has been pushing its aerospace, life-science and agriculture industries worldwide.

"What we do is we go sell what we know is sustainable. We’re selling our strategic industries in a proactive and focused way. It’s a simple process. We say which industry segments to we want to grow--where are the companies throughout the world within those industry segments that are leaders and need to have access to this marketplace."

In their trips to bring new business to Georgia, officials say it’s what they cannot control that’s been the problem--the general global economic malaise postponing company expansion plans. Sam Williams is president of metro Atlanta’s Chamber of Commerce:

"They’re not saying we don’t want to come to metro Atlanta or Georgia...they’re saying we still want to come, but we’re having problems borrowing money and arranging our capital financing to accommodate growth and expansion there. So they’re saying ‘let’s keep in touch, we still want to do this, but let’s talk in March, let’s talk in June’."

Williams is hopeful that a proposed economic stimulus package by the incoming Obama-administration to target the nation’s infrastructure might benefit Georgia. Williams says investment in the state’s transportation grid can quickly open the door to new jobs.

Economic development officials plan to push Georgia lawmakers in January on issues such as transportation funding and rolling back tax rates on businesses.

Ga- Ala. development plan aimed at Kia

Zoning map of area, including Kia plant.
Click on the image for a larger map. (Graphic: Dave Bender)

The Greater Valley Development Group and Crossman & Co. plan to build a mixed-use development along Interstate 85, at the Georgia-Alabama border.

The development, which the developers will call the Venue, will include 932 multi-family residences and 350,000 square feet of retail and hospitality space, according to Commercial Property News.

The area is in the vicinity of the Kia automotive plant, now under construction. The builders hope that "Kia and supplier executives and their thousands of team members,” will be among the markets for the properties, according to the report.

Kia officials say the plant, set to open in 2009, will employ nearly 3,000 workers and produce 300,000 vehicles annually. Several parts and services suppliers are currently also building in the vicinity, in order to support the Kia facility.

Click here for more GPB News coverage of the Kia plant, and it's projected effects on the area.

200 Jobs Coming

ATLANTA—Georgia Governor Sonny Perdue announced today that Chicken of the Sea International plans to return tuna canning to the United States and open a domestic canning operation in Lyons. The company will create 200 jobs and invest $20 million.

“We are proud that Georgia will be home to Chicken of the Sea’s first domestic canning operation,” said Governor Perdue. “Our state’s strong workforce and extensive transportation network make it a natural choice for food processing plants that want to keep costs down and reach their markets quickly and efficiently.”

Chicken of the Sea is bringing canning operations to a 200,000-square-foot facility in Lyons, where workers will process frozen tuna loins into shelf stable Chicken of The Sea canned tuna to be shipped throughout the United States. The company expects to begin operations in October and will utilize Georgia Quick Start to train its employees.

“State and local officials in Lyons presented us with a tremendous opportunity that ensures our ability to compete in the marketplace for the long term,” said Shue Wing Chan, President of Chicken of the Sea International. “The state of Georgia provided a business development package that makes for a smooth transition. We expect this new canning operation will ensure Chicken of the Sea will remain viable and competitive, and we are looking forward to being part of the Lyons community.”

“We are extremely excited that Chicken of the Sea realizes the great potential of opening a major facility in Toombs County and has decided to join our family of respected companies,” said Sam Polk, Chairman of the Toombs County Development Authority. “The decision reflects on Toombs County’s efforts to improve economic opportunities in our region. The jobs and investment will greatly assist in our efforts to strengthen the industrial base. On behalf of the Toombs County Development Authority, I thank Chicken of the Sea for the positive contribution to our citizens.”

Chris Pumphrey, project manager for the Georgia Department of Economic Development, assisted the company in locating a site for its operation.

About the company

A seafood category leader, Chicken of the Sea provides a variety of shelf-stable seafood products, including tuna, salmon, crab, shrimp, oysters, clams, mackerel and sardines. The Chicken of the Sea brand and famous Mermaid icon are among the most recognized brands in America. For more information, visit www.chickenofthesea.com

(Governor's Office News Release)

Georgia wraps up tourism conference

The state has wrapped up its 2008 Governor's Tourism Conference. The conference marks the first time the state's three economic development groups have gathered together for a conference. The groups are the Georgia Convention and Visitors Bureau, the Tourism Development Alliance of Georgia and the Georgia Division of Economic Development. About 350 people attended. The commissioner of the Georgia Department of Economic Development, Ken Stewart, says it's a major accomplishment to have all three groups together. Gov. Sonny Perdue spoke at the closing day of the conference Friday. Stewart says tourism is the state's Number 2 industry and brought in $20 billion in 2007. Georgia's top industry is agriculture.

(Associated Press)

Lawmaker: Ga. Can't Close Carter Visitor Center

(National Park Service)

Georgia economic development officials were left red-faced as a veteran state lawmaker said the department's plans to shutter a visitor center in former President Jimmy Carter's hometown of Plains violated state law.

The Georgia Department of Economic Development's budget plan eliminated $186,407 for the visitor center as part of agency budget cuts.

But at a budget hearing Thursday at the state Capitol, state Sen. George Hooks, a Democrat from Americus, said Georgia law dating from 1977 requires the state to "construct, operate and maintain a tourist center" near the home of any Georgian elected president.

Economic Development Commissioner Ken Stewart said he was not aware of the law and said "we will certainly go look at our options."

(AP)

Click here for more GPB coverage about budget cutting statewide.

Public housing residents may lose home to medical school expansion

Residents of a public housing facility in eastern Georgia may lose their home soon.

The U.S. Department of Housing and Urban Development on Friday okayed a proposed sale of the apartments to the Medical College of Georgia for a planned expansion.

The deal means the city of Augusta will have to move about 260 families out of Gilbert Manor Apartments by April. The move has to happen before the property is sold.

MCG plans to build a new dental school there and buildings that will house some of the school's core programs. Officials also say the property may eventually house additional buildings for research, technology transfer and economic development.

Residents have mixed feelings about the move.

Keisha Tanksley has lived in the public housing complex for five years and wants to see it go.

"This place is old and worn out. It’s a better opportunity for people who want to move...get out of the hood, the project," she said.

Gilbert Manor has no central heat or air conditioning. It was built in 1941.

Officials say renovating it would cost too much.

The deal is expected to cost M-C-G about $6.9 million.

Officials will use the money to build communities that will house people of varying incomes.

For now, they’ll move the residents into other public housing. Other tenants will receive vouchers to help pay for homes that are not in public housing complexes.

But some residents don’t want to leave.

They’re considering litigation to try and stop the sale.

The deal, meanwhile, has no bearing on whether MCG will open a branch campus in Athens.

The school is currently reviewing its expansion options, which has caused some political controversy. Governor Sonny Perdue (R) wants the Athens campus, while politicians from the area want to see expansion in Augusta. They fear expansion elsewhere will mean a cut in revenue and economic development opportunities.

MCG's president, Dan Rahn, suggested Friday that there is room to grow both in Augusta and elsewhere.

"We need to maximize what we can do here on our home campus and also engage in partnerships around the state in order to provide the best education for the future doctors of the state," said Rahn.

MCG officials will make their recommendations on expansion to the state Board of Regents on January 15.

Miley Cyrus Heading to Georgia

Governor Sonny Perdue announced today that Savannah will be the filming location for the upcoming Disney film, The Last Song. The movie is expected to bring approximately 250 jobs to the state.

“I signed the 2008 Entertainment Industry Investment Act in support of our efforts to recruit film, music and digital entertainment projects to Georgia,” said Governor Perdue. “These industries are thriving and growing, boosting the state’s economy and employing thousands of Georgians.”

The script was written by noted author Nicholas Sparks. The production of the film will take place in Savannah and other nearby coastal locales. Julie Anne Robinson will direct The Last Song which is expected to start production in Georgia in mid-June and be completed by mid-August, 2009. Producer Dara Weintraub also produced another film in Savannah called The Clearing, which starred Robert Redford, Willem Dafoe and Helen Mirren.

Georgia’s new, more competitive incentives offer a 20 percent tax credit for qualified productions, which are then eligible for an additional 10 percent tax credit if they include an animated Georgia promotional logo within the finished product. The incentive covers more than just the film and television industries. The program also offers credits for commercials and music videos, as well as the first incentive in the nation to cover other areas of development including animation, interactive entertainment and video game development.

Nine feature films, two television series and one television pilot were produced in Georgia in the first quarter of 2009. A Sony Pictures produced television series began production in Georgia in April and three feature films are currently in production. Seven more feature films are slated for the state in the coming months.

The Film, Music and Digital Entertainment office, a division of the Georgia Department of Economic Development, assists local, national and international entertainment industries with expertise and resources. The staff points movie production companies to Georgia’s highly-trained crews, state-of-the-art facilities, and diverse locations. Georgia’s temperate climate and easy access afforded by Atlanta’s Hartsfield-Jackson International Airport, are also factors that attract the industry’s interest.

Since the inception of the office in 1973, more than 600 major motion pictures, independent films, television series and pilots, and TV movies have filmed on location in the state. As a result, over $5 billion dollars has been generated for the state’s economy.

Miley Cyrus is expected to star in the film.

(Governor's office news release)

Perdue's line item vetos for '09 budget

Governor Perdue line-item vetoed $142 million in cash this year, including cash projects and debt service on $22 million in vetoed bond projects. The Governor’s vetos break down as follows:

Department of Economic Development:

• $125,000 to the Tourism program for the development of a five year business plan for the Georgia Tourism Foundation
• $150,000 to the Tourism program for the restoration of Augusta's historic Powder Works chimney
• $3,000,000 to the Tourism program for the National Infantry Museum
• $250,000 to the Tourism program for the Georgia International and Maritime Trade Center Authority to perform an economic impact and environmental improvement study

Department of Education:

• $900,000 to the Technology/Career Education program in order to provide funds for a Classroom Technology initiative

Department of Human Resources:

• $31,007 for the Brain and Spinal Injury Trust Fund program to provide for increased operating expenses

Department of Juvenile Justice:

• $600,000 for the Children and Youth Coordinating Council for “Connecting Henry, Inc” to provide for a multi-jurisdictional collaborative to address the high drop out rate in the community

Department of Public Safety:

• $250,000 to the Field Offices and Services program for the purchase of equipment for the Columbia County State Patrol Post
• $250,000 to the Public Safety Training Center to fund expenses for the North Central Georgia Law Enforcement Academy

The Board of Regents:

• $360,000 to the Public Service/Special Funding Initiatives program for the Georgia Water Planning and Policy Center at Albany State University and Georgia Southern University
• $200,000 to the Teaching program for the planning and implementation of a program at Kennesaw State University for disadvantaged youth

Department of Technical and Adult Education:

• $25,000 to the Economic Development (QuickStart) program for Base Closure and Realignment (BRAC) job retraining program for Atlanta Technical College
• $250,000 to the Technical Education program for the creation of a college and technical facility in Catoosa County at Bentley Place

Department of Transportation:

• $5,200,000 to the Airport Aid program for the Paulding County Regional Airport ($4,000,000), Cherokee County Airport Authority ($700,000), and the Glynn County Airport Commission ($500,000)

The General Obligation Debt Sinking Fund:

• $683,200 to finance educational facilities for county and independent school systems through the State Board of Education specifically for the design and construction of a charter school to be operated by the Cobb County School System through the issuance of $8,000,000 in 20-year bonds
• $1,155,000 to finance educational facilities for county and independent school systems through the State Board of Education specifically for career and vocational equipment per House Bill 905 through the issuance of $5,000,000 in 5-year bonds
• $657,580 to finance projects and facilities for the Department of Transportation, specifically for rail lines for Lyerly to Coosa, Nunez to Vidalia, Ardmore to Sylvania, St Augustine Road Rail Switching Yard Expansion and McNatt Boulevard Extension rail crossing through the issuance of $7,700,000 in 20-year bonds
• $170,800 to finance projects and facilities for the Department of Transportation, specifically for the construction of a welcome center for Tallulah Falls on the Rabun County side through the issuance of $2,000,000 in 20-year bonds

Lawmakers question Jekyll Island officials

Jekyll Island officials Thursday defended their decision to give millions of dollars in incentives to companies developing new hotels.

The explanation came at the first-ever meeting of the Jekyll Island Oversight Committee. The 5-member legislative panel was formed this year after a public furor over island development.

Jekyll Island Authority Board Chairman Ben Porter told lawmakers, developers needed the incentives to upgrade the island's aging hotel stock. Porter said, "It's a standard business practice to accommodate the early stages of new development."

That, however, did not sit well with many in the audience, including islander Jean Poleszak, who said she smelled a "Sweetheart Deal."

"The economy's going like crazy and it's beachfront property that everybody wants," said Poleszak. "I think they ought to pay the Jekyll Island Authority and the people of Georgia."

Lawmakers also questioned how much of the new development will be affordable. At their next meeting, they'll discuss a controversial Master Plan for the island.

Jobs funding for Chattahoochee Valley

Columbus, The Chattahoochee River, and Phenix City, Ala. (Dave Bender)

The Georgia Office of Workforce Development presented a $3 million grant to the Valley Partnership on Wednesday.

The group spearheads economic development in Georgia and Alabama along the Chattahoochee valley, and includes representatives from Chattahoochee, Harris, Marion, Muscogee, Talbot and Taylor counties in Georgia, and Phenix City, Alabama.

The funds are part of a $5 million grant from the U.S. Department of Labor and will be used to create jobs in automotive maintenance and aerospace manufacturing; communications and IT, and industrial construction, and are earmarked, in part for nearby Fort Benning according to the Columbus Chamber of Commerce.

Click here for more GPB News coverage of Georgia economic development, and here to read more about events at Fort Benning.

Savannah residents discuss downtown development

Savannah residents got their first, tentative look this week at what downtown development officials are planning for the city's historic urban core. The master plan will guide development in downtown Savannah, which is the nation's largest historic district. Right now, the plan includes only general ideas about the future.

One thing is very clear, however: Construction is both booming and hotly contested. Over 3-hundred people attended this week's master plan unveiling, including college student Jessica Burr, who says she's concerned that many new buildings won't blend in with historic structures.

"They are not compatible at all with the existing environment," Burr said. "And it's just frustrating."

Other residents expressed concerns about transporation and a lack of affordable housing downtown. Although details were few this week, officials have promised a more specific draft document later this summer.

Harris Co. gets business development grant

The OneGeorgia authority has announced that it has awarded a $1 million grant to the Northwest Harris County Business Park in western Georgia.

The funds are earmarked for improving water and sewage infrastructure for the 370-acre facility, located near the construction site of a Kia Motors assembly plant, according to a report.

Several companies supplying the Kia facility have already either opened shop, or are under development at the business park.

The Kia plant is due to open in 2009.

Click here for more GPB News coverage about the Kia plant and area development.

Dawson County May Get Reservior

In response to the State’s new Reservoir Development and Drought Relief Act, Dawson County may soon get one of its own. The Reservoir Development and Drought Relief Act makes it easier for local governments to build reservoirs.

One new reservoir is expected to add 11 million gallons of water a day solely to Dawson County. It will be built on Russell creek, one of three untapped watersheds in the area.

Etowah Water and Sewer Authority Manager, Brooke Anderson, said he chose Russell Creek so they would not have to start from scratch.

“We will actually have to remove the existing damn in order to construct a much larger damn turning it into a drinking water supply reservoir,” said Anderson.

The project is expected to cost 36 million dollars. Construction will begin in December pending a loan from the Army Corps of Engineers.

Kia car plant driving local development

Two companies are investing in a new business park close to a planned Kia Motors plant in Harris County.

The Columbus Chamber of Commerce says that two firms plan to spend $11 million dollars on the venture, and employ 140 people. One of the companies will produce water valves and pipe fittings for the Kia plant.

The decision is part of a hoped-for wave of investments and state-backed development surrounding the one-point-two billion dollar assembly plant.

The move was announced on Tuesday at a groundbreaking ceremony for the North West Harris Business Park.

Kia officials say the plant, set to open in 2009 will employ nearly 3,000 workers and produce 300,000 vehicles annually. It will be the automaker's first US production facility.

Kia Motors recently pulled a half billion dollar bond sale for the West Point facility, initially spooking investors.

More on that story is here.

Nat'l Fair Housing Comm. calls for better enforcement

Forty years after lawmakers targeted some of the last bastions of segregation - American communities - a national commission met today in Atlanta to discuss whether federal officials have failed to ensure equal housing opportunities.

The bipartisan National Fair Housing Commission's daylong meeting at Morehouse College Friday concludes a three-month investigation into enforcement of fair housing laws.

Today’s meeting focused on fair lending practices amid the nationwide foreclosure crisis.

Shanna Smith is president and CEO of the National Fair Housing Alliance:

“Over the last 40 years, we have failed as a government, as states, as local communities, to enforce the fair housing laws and to promote social integration.”

Henry Cisneros, Secretary of Housing and Urban Development from 1993 to 1997, under President Clinton chaired the morning session.

Cisneros says that a comprehensive solution may be necessary for the Atlanta area:

“This is a metropolitan area that needs to function as a whole, and it may be necessary to think in regional solutions that involve all of the counties, excepting some fair share of responsibility for creating economic opportunities.”

The panel, chaired by Henry Cisneros (center), former Secretary of Housing and Urban Development hear testimony at the morning session, held at Morehouse College, Atlanta on Friday, Oct. 17th, 2008. (Dave Bender)

The commission previously convened in Chicago, Houston, Los Angeles and Boston.

A December report will outline recommendations to strengthen housing laws.

(With The Associated Press)

Click here for more GPB News coverage of housing issues.

Wal-Mart names Ga. Tech grad to be CEO

Mike Duke (AP)

Wal-Mart announced a surprise change in leadership Friday, naming a Georgia Tech grad as its new CEO.

Mike Duke, who joined Wal-Mart in 1995, will take the reins from Lee Scott, currently the company’s CEO, on Feb. 1.

Duke landed his first job at Rich’s department store in Atlanta — and stayed in the department-store business for 23 years as an executive at department-store operators May Stores and Federated Stores Inc., now known as Macy’s Inc.

As Wal-Mart’s vice chairman of its international division, Duke, 58, has made some key moves, including pulling out of some countries and expanding in others, such as Brazil and India.

Before that, Duke had held various senior logistics, distribution and administration posts since joining the company in 1995.

That makes Duke a “capable” executive who knows the company “inside and out,” said Adrianne Shapira, an analyst with Goldman Sachs.

Duke became chief executive and president of the Wal-Mart Stores U.S. division in 2003 and switched over to head the international division two years later as Wal-Mart increased its focus on international growth.

Duke, who has two daughters and a son with his wife, Susan, graduated from Georgia Tech with a degree in industrial engineering in 1971. Duke also has served on the Morehouse College board of trustees since 2005.

Barrett H. Carson, vice president for development for Georgia Tech, said becoming Wal-Mart’s CEO places Duke as the highest-ranking Georgia Tech alum.

“Taking the top position there, I think, puts himself certainly first among peers at this juncture,” he said. “I have goosebumps.”

Carson said that Duke is a very humble and self-effacing guy, the kind who will look for your golf ball in the rough. Carson, who has known Duke since 1997, said Duke was very active on the Tech advisory board, and kept Tech football memorabilia in his Bentonville, Ark., office.

“This will all be very embarrassing for him. At the end of the day, he simply is a really good guy.”

In 2003, Duke helped inaugurate Tech’s Technology Square development in Midtown with Gov. Sonny Perdue and others. In his speech that day, Duke said Wal-Mart couldn’t handle its massive supply chain or millions of daily transactions without innovations led by schools such as Tech.

In 2006, Duke was involved in major changes in the company’s international strategy, including exiting the German and South Korean markets, where the company was faltering before Duke took over.

Click here for more GPB business coverage.

(AP)

Business groups fighting coal plant ruling

Georgia business groups are appealing a judge's decision to halt the construction of a power plant, warning that the ruling could stall other energy plants and hamper economic development throughout the state.

The Georgia Chamber of Commerce warned Wednesday that the decision could have far-reaching implications, driving up energy costs and preventing the construction of natural gas, oil and biofuel plants across the state.

Fulton County Superior Court Judge Thelma Wyatt Cummings Moore's ruling relied on the Supreme Court's decision last year that carbon dioxide could be regulated as a pollutant, and environmental activists said it set a precedent.

In the ruling, Moore contended that federal air pollution laws required permits for all pollutants that could be regulated under the federal Clean Air Act - including carbon dioxide. The gas, which is blamed for global warming, is not currently regulated.

The decision halted the construction of the $2 billion Longleaf Energy Plant, which would become Georgia's first new coal-fired plant in more than 20 years.

Environmental groups praised the decision, saying it will help them stave off 30 other coal plants now in active litigation. At the very least, they said, it's a sign that energy companies will face more challenging legal hurdles over coal-fired power projects.

The plant is expected to create more than 100 full-time jobs and give millions of dollars in tax revenues to Early County, where almost a quarter of the 12,000 residents live in poverty. It would power more than a half-million homes through utilities in Georgia, Alabama and Florida.

Each year it would emit as much as 9 million tons of carbon dioxide, worrying critics who say it could cause health problems in a county that already suffers above-average air pollution.

But the chamber contends the ruling went too far, sidestepping the efforts of federal lawmakers and regulators debating whether to regulate the gas.

The chamber claims that the ruling could delay the construction of any "sizable" new building that relies on natural gas for heat - from office buildings to malls.

"It would be devastating," said George Israel, the chamber's chief executive. "It would cause delays in almost everything, from hospital expansions to school auditoriums."

Israel told the Albany Herald newspaper:

“We’re shocked at the decision.”

“If this ruling is allowed to stand, it will not only hinder the ability to supply power to the state, it will have a major negative impact on future economic development in Georgia.”

Israel, local Albany officials and a lawyer for LS Power met with the newspaper on Tuesday to lay out their opposition to the ruling.

The court will decide by Aug. 29 whether to hear the appeal. The Sierra Club, which filed the lawsuit, said the ruling does not affect alternative energy projects.

"Georgia needs to be on the front of the clean energy economy," said Patty Durand, the group's president. "It's too bad the Georgia chamber chooses not to be a leader of a change that's inevitable."

Click here for more GPB News coverage of the battle over the Longleaf Power Station.

(With The Associated Press)