“John Fortuna is an irreplaceable member of our team. His experience, expertise, and analytic abilities are exceptional.” — Client, Chambers and Partners
“John is one hell of a lawyer.” — Competitor, Chambers and Partners
John L. Fortuna
Partner
John represents clients in complex environmental permitting and litigation matters. He has substantial experience permitting and defending complex projects for municipal and industrial clients, and in the defense of government enforcement actions and citizen suits under the Clean Water Act. John also frequently litigates cases and advises clients on Endangered Species Act, Magnuson-Stevens Fishery Conservation Act, and National Environmental Policy Act issues.
With a technical background in fisheries science, John is known for his ability to develop and present complex technical evidence in ways that judges, juries, and the public can understand. He is recognized in Chambers USA for Environmental Law, Best Lawyers for Environmental Law, Environmental Litigation, and Water Law, and SuperLawyers Magazine for Environmental Litigation.
Prior to founding Jones Fortuna, John practiced environmental and natural resources law at King & Spalding LLP.
Contact
Phone: 404-850-3835 (direct)
Mobile: 404-858-4797
Representative Matters
Environmental Litigation and Enforcement
- Representation of internationally renowned resort developer in Clean Water Act citizen suit involving first appellate application of Supreme Court’s landmark decision in Sackett v. EPA
- Successfully represented Bering Sea halibut fishermen, processors, industry groups, communities, NGOs, and tribes in multiple actions to cap trawl-sector bycatch, resulting in a 60% reduction in bycatch limits
- 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 Apalachicola-Chattahoochee-Flint (ACF) River Basin
- 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. Representative cases include:
- Alabama v. U.S. Army Corps of Engineers, 2025 WL 958239, __ F. Supp. 3d ___ (D.D.C. 2025) (dismissing the State of Alabama’s challenges to the Corps’ decision approving water storage contracts and granting credit for “made inflows” at Allatoona Lake)
- Alabama v. U.S. Army Corps of Engineers, 704 F. Supp. 3d 20 (D.D.C. 2023) (dismissing claims by Alabama, Alabama Power, and other Alabama entities challenging the Corps’ update to the Master Water Control Manual for the Alabama-Coosa-Tallapoosa River Basin)
- In re ACF Basin Water Litigation, 554 F. Supp. 3d 1282 (N.D. Ga. 2021) (granting summary judgment on challenges by Alabama and environmental groups to the ACF Master Water Control Manual)
- In re ACF Basin Water Litigation, 467 F. Supp. 3d 1323 (N.D. Ga. 2020) (dismissing challenges by Alabama and environmental groups to the ACF Master Water Control Manual)
- Alabama and National Wildlife Federation et. al v. U.S. Army Corps of Engineers, 304 F. Supp. 3d 56 (D.D.C. 2018) (securing transfer of challenges to ACF Master Water Control Manual to U.S. District Court for the Northern District of Georgia)
- In re Tri-State Water Rights Litigation, 644 F.3d 1160 (11th Cir. 2011) (establishing Lake Lanier was authorized for water supply and vacating injunction threatening water supplies in Metro Atlanta)
- Cobb County-Marietta Water Authority v. U.S. Army Corps of Engineers, No. 1:14-cv-400 (N.D. Ga.); Georgia et al. v. U.S. Army Corps of Engineers, No. 1:14-cv-3593 (N.D. Ga.) (finding the Corps unreasonably withheld action on water supply requests at Allatoona Lake, resulting in successful completion of a reallocation study and reconsideration of longstanding Corps policy regarding the crediting of “return flows,” a multibillion-dollar issue for our clients)
- Successfully represented mining company in litigation challenging decision by the Assistant Secretary of the Army to withdraw Clean Water Act approved jurisdictional determinations, resulting in settlement of claims and reinstatement of the client’s approvals
- Successfully represented water and wastewater provider in challenge to conditions included in Clean Water Act NPDES permit, resulting in decision vacating challenged permit conditions
- Successfully represented mining company in litigation by NGOs challenging Clean Water Act approved jurisdictional determinations, resulting in transfer of the litigation to the U.S. District Court for the Southern District of Georgia and dismissal of the action
- Successfully resolved Clean Water Act citizen-suit concerning stormwater discharges from a major port facility
- Obtained summary judgment on all claims in a citizen-suit alleging discharges from a major pulp and fiber facility violated the Clean Water Act
- Successfully resolved criminal Clean Water Act claims against Georgia chemical manufacturer in case involving alleged intentional discharge of pollutants and resulting environmental impacts
- Secured dismissal citizen suit against a Tennessee city involving combined sewer overflows
- Representing US parent companies in mass tort litigation and international investment treaty arbitrations arising out of subsidiary’s operation of a smelter and metallurgical facility overseas
Permitting, Water Supply, and Water Rights
- Secured and successfully defended 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 River system
- Secured expedited approval of Clean Water Act Section 404 and state permits authorizing maintenance of beach renourishment project
- Secured major reallocation of storage at Stockton Lake, a U.S. Army Corps of Engineers reservoir in Southwest Missouri, including authorization in the Water Resources Development Act of 2024
- Secured authorization from state permitting agency in Tennessee authorizing expanded wastewater discharge into impaired water
- Secured and successfully defended major water supply reallocation and decision reversing longstanding Corps policy at Allatoona Lake in Georgia, resulting in approval of new storage contracts and recognition of clients’ state-granted water rights
- Ongoing representation of river authority in Texas in connection with a water supply reallocation at Whitney Lake opposed by hydropower interests
- Ongoing representation of water district in Arkansas in connection with water supply reallocation at Beaver Lake, including legislative direction to U.S. Army Corps of Engineers in Water Resources Development Act of 2024
- Advised major defense contractor on Clean Water Act and Endangered Species Act permitting issues in connection with sale of rocket motor manufacturing facility
- Ongoing representation of water district in California in connection with efforts to modify the authorization for a U.S. Army Corps of Engineers project
More About John
Education
University of Georgia School of Law, JD, magna cum laude, Order of the Coif, Executive Editor, Georgia Law Review
University of Miami, Rosenstiel School of Marine and Atmospheric Science
Wake Forest University, BS, cum laude
Admissions
Supreme Court of the United States
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Eleventh Circuit
U.S. Court of Appeals for the D.C. Circuit
U.S. District Court for the Northern District of Georgia
U.S. District Court for the Southern District of Georgia
U.S. District Court for the District of Columbia
Supreme Court of Georgia
Georgia Court of Appeals
State Bar of Georgia
Clerkships & Honors
Hon. Beverly B. Martin, U.S. Court of Appeals for the Eleventh Circuit
Hon. Richard W. Story, U.S. District Court for the Northern District of Georgia
Institute for Georgia Environmental Leadership (2016)
University of Georgia School of Law, Environmental Law Society, Award for Excellence in Environmental Advocacy