Chattahoochee Riverkeeper files Clean Water Act lawsuit over Georgia construction runoff

The lawsuit alleges that developers failed to maintain erosion controls, leading to increased sediment pollution in Heiferhorn Creek, Lake Oliver, and the Chattahoochee River, despite prior reports and repairs.

Chattahoochee Riverkeeper has filed a federal lawsuit against developers of the Aspire at Old Guard apartment complex in Columbus, alleging repeated violations of the federal Clean Water Act tied to sediment-laden stormwater runoff from the construction site.

According to the complaint, Chattahoochee Riverkeeper alleges that site owner SCorUSA LLC and developer Aspire at Old Guard LLC failed to properly install and maintain erosion and sediment controls required under state and federal regulations. The organization said muddy runoff from the construction site entered a tributary to Heiferhorn Creek, which flows into Lake Oliver and the Chattahoochee River.

CRK first reported the site to the city in 2025, prompting repairs to pollution controls. However, the group said conditions worsened in early 2026 after heavy rainfall events caused additional sediment discharges into nearby waterways.

“In almost twenty years with CRK, this development is among the worst that I have ever seen,” said Jason Ulseth, riverkeeper and executive director of Chattahoochee Riverkeeper, in a press release. “The failure to implement and maintain basic pollution controls has destroyed the neighboring creeks and aquatic life downstream. Given the gravity of these violations and the defendants’ refusal to work collaboratively on a solution, CRK is moving forward with our lawsuit.”

The lawsuit seeks injunctions requiring the developers to stop further pollution and restore impacted waterways, along with civil penalties of up to $68,445 per day for alleged violations. CRK said sediment remains the leading pollutant affecting the Chattahoochee River watershed, contributing to degraded aquatic habitat, increased water treatment costs and flooding-related infrastructure concerns.

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