John L. Fortuna
John represents clients in complex environmental permitting and litigation matters. He has substantial experience permitting and defending water rights and water supply projects for municipal and industrial clients, and in the defense of government enforcement actions and citizen suits under both the Clean Water Act and the Clean Air Act. John also frequently litigates cases and advises clients on Endangered Species Act and National Environmental Policy Act issues.
With a technical background in fisheries science and biophysical oceanography, John is known for his ability to develop and present complex technical evidence in ways that judges, juries, and the public can understand. He has been recognized by Chambers USA as an “up-and-coming” lawyer and as a “rising star” in environmental litigation by SuperLawyers Magazine. Prior to his departure, he was a “featured lawyer” in King & Spalding’s nationally ranked environmental litigation practice by Legal500.
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Water Rights and Water Supply Storage Reallocations
Water Rights and Water Supply Storage Reallocations
Water Rights and Water Supply Storage Reallocations
Counsel to the State of Georgia in Florida v. Georgia, an original action before the United States Supreme Court to defend municipal and industrial water supply use in the ACF River Basin. Learn more:
- Florida v. Georgia, Orig. No. 142 (U.S.)
- Bloomberg: Supreme Court Hands Win to Georgia in State Water War
Ongoing representation Atlanta-area water providers in the “Tri-State Water Wars” litigation involving the Apalachicola-Chattahoochee-Flint (ACF) and Alabama-Coosa-Tallapoosa (ACT) River Basins. Learn more:
- In re Tri-State Water Rights Litigation, 644 F.3d 1160 (11th Cir. 2011)
- In re ACF Basin Water Litigation, 467 F. Supp. 3d 1323 (N.D. Ga. 2020)
- In re ACF Basin Water Litigation, 554 F. Supp. 3d 1282 (N.D. Ga. 2021)
- Alabama v. U.S. Army Corps of Engineers, No. 1:15-cv-696 (D.D.C.)
Secured the largest reallocation of storage in U.S. Army Corps of Engineers history at Lake Lanier, Georgia, which will meet Metro Atlanta's long-term water needs from the Chattahoochee system. Learn more:
Successfully obtained a decision from the U.S. Army Corps of Engineers at Allatoona Lake, Georgia protecting state-granted water rights and reallocating storage to meet long-term water needs. Learn more:
- Allatoona Lake Reallocation Study
- Georgia et al. v. U.S. Army Corps of Engr's, No. 1:14-cv-3593 (N.D. Ga.)
- Cobb County-Marietta Water Auth. v. U.S. Army Corps of Engr's, No. 1:17-cv-400 (N.D. Ga.)
Ongoing representation of Murfreesboro, Tennessee and the Consolidated Utilities of Rutherford County on water supply and water rights issues relating to the Corps’ J. Percy Priest Reservoir, a Corps reservoir east of Nashville
Ongoing representation of Southwest Missouri Water in a regional water supply reallocation study at Stockton Lake, a U.S. Army Corps of Engineers reservoir in Southwest Missouri
Environmental Permitting and Litigation
Water Rights and Water Supply Storage Reallocations
Water Rights and Water Supply Storage Reallocations
Representing Bering Sea halibut fishermen on St. Paul Island in multiple actions to cap destructive trawl-sector bycatch, resulting in a 60% reduction in bycatch limits. Learn more:
- National Geographic: As halibut decline, Alaska Native fishers square off against industrial fleets. The tiny fishing fleet from St. Paul is losing the fight for halibut, up against factory ships that throw away more of the valuable fish than the Indigenous fishers are allowed to catch
- Seattle Times: Fishery council approves new restrictions on Bering Sea trawl fleet’s incidental take of halibut
Representing hydropower developer in proceedings to add hydropower to non-powered Corps of Engineers dams in the Ohio River Basin
Representing US parent companies in mass tort litigation and investment treaty arbitrations against the Government of Peru related to subsidiary's operation of a Peruvian smelter
Successful representation of clients to obtain state and federal approvals necessary to develop residential, commercial, and industrial projects in wetlands, coastal environments, and other sensitive areas
Ongoing representation of wastewater provider in challenge to NPDES permit conditions
Representing water and wastewater provider in connection with reissuance of NPDES permit authorizing expanded discharges into impaired waters
Representing mining company in efforts to secure permits needed for development of controversial mining project
Successfully defended air permits for 1,200 MW power plant in administrative and judicial challenges
Successfully defended air permits for 600 MW power plant in administrative and judicial challenges
Citizen-Suit and Enforcement Defense
Water Rights and Water Supply Storage Reallocations
Citizen-Suit and Enforcement Defense
Successfully resolved Clean Water Act citizen-suit concerning stormwater discharges from a major port facility
- Puget Soundkeeper v. Total Terminals Int'l, No. C18-0540RSL (W.D. Wash.)
Obtained summary judgment on all claims in a citizen-suit alleging discharges from a major pulp and fiber facility violated the Clean Water Act
- Altamaha Riverkeeper v. Rayonier, Inc., 2015 WL 1505971 (S.D. Ga.)
Successfully resolved claims against Georgia chemical manufacturer in case involving criminal enforcement of Clean Water Act discharges
Secured dismissal citizen suit against a Tennessee city involving combined sewer overflows
Favorably resolved EPA enforcement action by the California Air Resources Board against a major aftermarket automotive parts distributor
Represented a major aftermarket automotive parts distributor in connection with US EPA Section 208 Information Request, resulting in decision to decline enforcement