Band 2
Provided by John L. Fortuna
Environmental and Natural Resources Litigation; Environmental Permitting and Project Development; Clean Water Act Wetlands, NPDES, and Stormwater Permitting; Enforcement Defense
John Fortuna is a founding partner of Jones Fortuna LP, a boutique law firm specializing in environmental and natural resources law and litigation.
John Fortuna represents clients in complex environmental matters in federal and state court, as well as federal and state administrative proceedings. 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 the Clean Water 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, 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 ranked in Chambers USA for Environmental Law, Best Lawyers for Environmental Law, Water Law, and Environmental Litigation, and SuperLawyers Magazine for Environmental Litigation.
Prior to founding Jones Fortuna, John practiced environmental and natural resources law at King & Spalding LLP.
Jones Fortuna LP (2022-Present)
King & Spalding LLP (2007-2022)
Clerkships:
—Beverly B. Martin, U.S. Court of Appeals for the Eleventh Circuit
—Richard W. Story, U.S. District Court for the Northern District of Georgia
Court 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
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
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
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
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 Clean Water Act citizen suit against Tennessee city arising from 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
Ongoing representation of mining company to secure all permits and approvals required to construct and operate critical minerals mine
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
Representative Clients
Alaska Longline Fishermen's Association; Atlanta Regional Commission; Beaver Water District, Arkansas; Brazos River Authority, Texas; Central Bering Sea Fishermen's Association; City of Atlanta, Georgia; Cobb County-Marietta Water Authority, Georgia; DeKalb, Fulton, & Gwinnett Counties, Georgia; Sea Island Company; Southwest Missouri Water, Missouri; Tarrant Regional Water District, Texas; San Bernardino Valley Municipal Water District, California
University of Georgia School of Law
JD, magna cum laude, Order of the Coif, Executive Notes Editor, Georgia Law Review
2002 - 2005
University of Miami Rosenstiel School of Marine and Atmospheric Science
2000 - 2002
Wake Forest University
BS, Biology
1992 - 1996
Provided by Chambers
Provided by Chambers
John is a strong technical and legal adviser.
John has a deep understanding of the issues and a vision of the end goal.
John is a great legal mind and a strong advocate with practical insight. He produces an excellent work product.
John is excellent and very knowledgeable. He has good integrity and is very responsive.
John is a really deep diver. He is very diligent, technically savvy and always puts the client's needs first.
John is a strong technical and legal adviser.
John has a deep understanding of the issues and a vision of the end goal.
John is a great legal mind and a strong advocate with practical insight. He produces an excellent work product.
John is excellent and very knowledgeable. He has good integrity and is very responsive.
John is a really deep diver. He is very diligent, technically savvy and always puts the client's needs first.