Smart Growth-Forsyth County v. Dep’t of Planning and Development (2011). County issued big-box retailer a building permit with exemption from architectural design standards. Filed appeal alleging exemption process unconstitutionally delegated discretion to an unelected body. To resolve the appeal, the retailer submitted new plans that complied with the development code’s design standards.

Robert and Ida Pratt v. General Insurance Company of America, Civil Action No. 11M95792 (2011). Recovered complete compensation and attorney’s fees based on claims that insurance company breached homeowner’s policy and acted in bad faith by denying property damage claim.

In Re: Wiregrass Power Plant (2011). Represented organization opposed to sale of public land for construction of a power plant. The governing authority agreed that the power company was not entitled to exercise an option to purchase the land.   

John Draper v. H. Roberts Family, LLC, Civil Action No. 1:06-CV-3057 (2009). The U.S. District Court held that a subdivision’s developer, home builder, and grading contractor violated the Clean Water Act by failing to comply with best management practices for erosion control.

Longleaf Energy Associates, LLC v. Friends of Chattahoochee, Inc., 298 Ga. App. 753 (2009), cert. denied (Sept. 28, 2009). Submitted amicus brief on behalf of Georgia Conservancy et al. that addressed the environmental impacts and health effects of carbon dioxide emissions. 

K.C. v. United States, Civil Action No. 1:03-CV-1963 (2006). The U.S. District Court held that a toxicologist and a geneticist were qualified under Daubert v. Merrell Dow Pharmaceuticals to testify that in-utero exposure to chemicals caused a brain tumor.  The court also held that the United States did not have sovereign immunity under the Federal Tort Claims Act because government employees failed to follow an occupational safety and health manual.

Smart Growth-Forsyth County v. Wal-Mart Stores East, L.P. Filed challenge to U.S. Army Corps of Engineers’ jurisdictional determination for site of proposed Wal-Mart SuperCenter and filed appeal of County and State stream buffer variances. The Corps asserted jurisdiction over streams on the site, the County revoked its variance, and Wal-Mart decided not to build the store.

Ouachita Watch League v. Jacobs, 463 F.3d 1163 (2006). The Forest Service’s Environmental Impact Statements in 13 southern states included mitigation measures requiring collection of population information for threatened, endangered, and sensitive species. The court held plaintiffs had standing to challenge Forest Plan revisions that would have authorized the agency to approve logging projects without collecting population information. The court also held that federal agencies must comply with mitigation measures set forth in Environmental Impact Statements.

Lincoln v. Tyler, 258 Ga.App 374, 574 S.E. 2d 440 (2002). The Georgia Court of Appeals held that flooding caused by an upstream development entitled the downstream landowner to recover all expenses of litigation, including attorney’s fees.

Southern Appalachian Biodiversity Project v. United States Forest Service, 162 F.Supp.2d 1365 (2001). The U.S. District Court issued a temporary restraining order to prevent imminent road construction and logging. In its final judgment, the court set aside the Forest Service’s approval of road construction and two logging projects.

Sierra Club v. Estill, Civil Action No. 1:00-CV-1755-CAP (2001). The Forest Service approved logging projects in six southern states without collecting population information for threatened, endangered, and sensitive species. The Forest Service withdrew 56 logging projects.

Sierra Club v. Harold Reheis, Civil Action No. 2001-CV-41523. Testified as an expert witness on the value of attorney’s fees in a case that challenged Georgia’s Clean Air Act program.

Organizations That Have Been Represented by Jon L. Schwartz:

• Altamaha Riverkeeper
• Canoochee Riverkeeper
• The Chattooga Conservancy
• Clean Streams Task Force
• Earth Island Institute
• Forest Conservation Council
• Georgia Conservancy
• Georgia Forestwatch
• Mothers and Others for Clean Air
• Public Employees for Environmental Responsibility
• Satilla Riverkeeper
• Sierra Club
• Smart Growth-Forsyth County
• Southern Appalachian Biodiversity Project
• The Wilderness Society
• Wilderness Watch
• WildSouth
• Numerous other neighborhood associations and individuals