Attorney General Sam Olens June Update

June Wrap-Up from the Attorney General’s Office

Port of Savannah Settlement

The Georgia Ports Authority, represented by attorneys from my office, recently removed legal barriers to an important Savannah Harbor deepening project.  The legal team settled a contentious lawsuit that had sought to bar the deepening, which will allow the port to accommodate bigger ships.

The state can now move forward with this vital project that will boost our state’s economy and create jobs, while being environmentally responsible and transparent. The harbor deepening is critical to allow Georgia to better accommodate the larger container ships that already arrive through the Suez Canal and soon will travel the Panama Canal, when its expansion is completed in 2015.

The Port of Savannah was the second busiest U.S. container port for the export of American goods by tonnage in 2011. It also handled 8.7 percent of the U.S. containerized cargo volume and 12.5 percent of all U.S. containerized exports in 2011.

Georgia’s deep-water ports and inland barge terminals support more than 352,000 jobs throughout the state annually and contribute $18.5 billion in income, $66.9 billion in revenue and $2.5 billion in state and local taxes to Georgia’s economy.

Regulatory Reform Testimony

In early June, Representative Doug Collins (R-GA) presented my testimony in a House Judiciary Subcommittee hearing on Regulatory Reform, Commercial and Antitrust Law on his first sponsored piece of legislation, H.R. 1493, the “Sunshine for Regulatory Decrees and Settlements Act of 2013.”

The legislation addresses a troubling practice used primarily by the Environmental Protection Agency known as “sue and settle”. Sue and settle occurs when a federal agency engages in the rule-making process via settlement to achieve a desired policy outcome.

The practice allows outside advocacy groups to notify agencies of their intent to sue and then conduct months of closed-door negotiations. During these settlement talks, special interest groups dictate the agency’s policy priorities and funding choices, ultimately resulting in legally binding court-approved settlements.

States and other affected parties are precluded from weighing in on policy decisions that directly impact them, and often have no knowledge of the negotiations until they have become legally binding.

Collins presented my written testimony arguing that sue and settle runs afoul of transparency and the federal principles of separation of powers and federalism. The practice circumvents the steps put in place by Congress for the rule-making process and excludes the States from regulatory decisions in which they have historically played a vital role.

I will continue to exercise my authority to prevent Washington from overstepping into areas the Constitution has reserved for the States. I appreciate Rep. Collins inviting me to offer my view on this serious policy matter, which has immense repercussions for States and private parties.

To view media coverage, click here.

 PSA about Internet Safety
In recognition of June as Internet Safety Month, I filmed a Public Service Announcement (PSA) in cooperation with Facebook entitled, “What You Can Do to Control Your Information.” The PSA also features Facebook COO Sheryl Sandberg addressing top questions about privacy, bullying prevention, and general Internet safety.

In this digital age that we live in, it is vital that teenagers understand how to protect themselves on the Internet. Our young people today are fortunate to have the advantage of exploring the world at their fingertips through the Internet, but they must be aware of the risks involved and take steps to better manage what information they share to ensure online privacy and security.

I encourage all parents to discuss Internet safety with their children. While the Internet has become an indispensable part of our lives, we cannot forget that it poses risks for our children.

Click on image to view the PSA. To view media coverage: click here.

Thank you for the honor to serve you as Georgia Attorney General.

Sincerely,

Sam Olens
Georgia Attorney General