FOLLOW US

America February 10, 2023 3 mins read

Georgia Mining Company’s Contract Dispute with Environmental Consultant Escalates to Court Battle

America ı By Samuel Lopez

0 Comments

Untitled

(USA Herald) - A Georgia-based mining company, Thiele Kaolin Co., is locked in a legal battle with environmental consultant firm Environmental Resources Management-Southeast Inc. (ERM). Thiele Kaolin has accused ERM of bungling an assessment of a mineral processing plant and has claimed that the agreement between the two companies does not shield ERM from legal action. In a recent motion, Thiele Kaolin stated that their agreement with ERM "expressly contemplates" the possibility of lawsuits being filed in the event of a liability issue, refuting ERM's claims that the contract makes neither party responsible for financial losses.

The mining company claims that the contract's liability limitation section, which includes a forum selection clause for the state of Georgia, states that the agreement will be governed by the state's laws and mentions the possibility of legal action several times. Thiele Kaolin has also pointed out that ERM was required to hold professional and pollution insurance, which would have been unnecessary if the contract barred lawsuits.

In June 2022, Thiele Kaolin sued ERM for breach of contract, alleging that the environmental consultant failed to identify multiple instances of stormwater discharges, erosion, and other environmental problems at a large mining and mineral processing complex around Sandersville, Georgia. Thiele Kaolin claims that they had to pay $800,000 to rectify these environmental issues, which ERM failed to identify in their assessment in 2021.

In response, ERM filed a motion to dismiss the case in January 2023, claiming that Thiele Kaolin was acting in bad faith and that they were not responsible for the damages claimed. ERM also counterclaimed that Thiele Kaolin was entitled to attorney fees because they violated the contract by bringing the complaint.

However, Thiele Kaolin argues that ERM had an independent legal duty to exercise reasonable professionalism in their work and that the liability limitations in the contract do not shield ERM from professional negligence claims. The mining company also states that, since they were allowed to sue ERM under the contract, they did not breach the agreement, and therefore, ERM cannot make a counterclaim for attorney fees and their suit should be thrown out.

Investigative reporter for the USA Herald, Samuel Lopez, states that this case raises important questions about the role of environmental consultants and their obligations to assess and identify environmental problems at industrial sites. The outcome of this case could set a significant precedent for future environmental assessments and the responsibilities of environmental consultants.

In conclusion, the legal battle between Thiele Kaolin and ERM highlights the importance of clear and comprehensive agreements between industrial companies and environmental consultants. The case, which is being heard in the U.S. District Court for the Middle District of Georgia, will determine the extent of ERM's liability and set an important precedent for future environmental assessments.

 

Previous Article

Fighting for Coverage: Ex-NFL Player Takes on Insurers Over Failed Surgery Settlement

Read More
1795 Posts

Samuel Lopez

With over 20 years of experience in the legal and insurance sectors, Samuel applies his profound legal acumen to investigate and accurately report on the facts.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
High Profile Court Cases September 13, 2026
CIA Gold Bar Case Nears Plea Deal Amid Classified Evidence
By – Michallie Harrison
International September 12, 2026
Saudi Pipeline Shutdown Threatens a Deeper Fuel Crisis
By – Michallie Harrison
America September 11, 2026
$LAPTOP Meme Coin Crashes After Hunter Biden Launches Cryptocurrency
By – Jackie Allen
America September 11, 2026
Open Secure AI Alliance Forms as…

The Open Secure AI Alliance has brought together a broad…

By – Jackie Allen
America September 11, 2026
Silverthorne Bomb Threat Triggers Evacuations, School…

A routine Friday afternoon in the mountain town of Silverthorne,…

By – Rihem Akkouche
America September 11, 2026
Arrow Bank to Acquire Skene Valley…

Some businesses grow by chasing new markets far from where…

By – Rihem Akkouche
America September 11, 2026
Tenet Health 1,500 Layoffs Ripple Across…

Job losses rarely arrive in isolation — they tend to…

By – Rihem Akkouche
America September 11, 2026
Bears and RB Swift $33.75M Extension…

Sometimes the best deals get done before the clock even…

By – Tyler Brooks
America September 11, 2026
New Mexico Atty $5K Fine Follows…

Courtrooms run on facts, testimony and citations that can withstand…

By – Tyler Brooks
America September 11, 2026
New Mexico Atty $5K Fine Follows…

Courtrooms run on facts, testimony and citations that can withstand…

By – Tyler Brooks
America September 11, 2026
Ryan Ryan $60M Malpractice Lawsuit Accuses…

Sometimes the most expensive mistake isn’t what a lawyer says…

By – Tyler Brooks
America September 11, 2026
Cooley, Investor Malpractice Suit Settlement Closes…

Startups often promise disruption — a fresh spin on an…

By – Tyler Brooks
America September 11, 2026
Conduent Data Breach Claims Settlement Ends…

A data breach is bad enough on its own —…

By – Tyler Brooks
America September 11, 2026
Skywatcher: ExoMoon Discovery May Reveal First…

An ExoMoon discovery may have given astronomers their first confirmed…

By – Jackie Allen
America September 11, 2026
Skywatchers: Moonshadow Creates Dramatic Blood Moon…

A Moonshadow transformed the night sky Aug. 27 as the…

By – Jackie Allen
America September 11, 2026
Skywatchers: Moonshadow Creates Dramatic Blood Moon…

A Moonshadow transformed the night sky Aug. 27 as the…

By – Jackie Allen
America September 10, 2026
Flock Safety Cracks Down on Police…

Flock Safety is introducing mandatory safeguards for its automated license-plate…

By – Jackie Allen
America September 10, 2026
OpenAI Cybersecurity Under Scrutiny After AI…

OpenAI cybersecurity concerns are growing after researchers reported that a…

By – Jackie Allen
America September 9, 2026
To Catch a Predator: Robert Pattinson…

The phrase Catch a Predator became synonymous with one of…

By – Jackie Allen
America September 8, 2026
Trump-a-Palooza: Republicans Put Trump at Center…

DALLAS — Trump-a-Palooza is bringing Republicans from across the country…

By – Jackie Allen
America September 8, 2026
Iranian Twins Face Death Sentence and…

Iranian twins Taraneh and Romina Rahimi, 20, are facing drastically…

By – Jackie Allen
America September 11, 2026
Mexican Food Company Announces California Layoffs…

Key Takeaways Ruiz Foods is cutting 176 jobs at its…

By – Samuel Lopez
America September 10, 2026
Trump Promises $5,000 Dividend Checks if…

By Samuel López | USA Herald DALLAS — President Donald…

By – Samuel Lopez
America September 10, 2026
Hawaii Couple Sentenced to Prison After…

Key Takeaways Scott Hawver received 16 months in prison, and…

By – Samuel Lopez
America September 10, 2026
Massachusetts Judge Publicly Reprimanded Over 2018…

Key Takeaways The Massachusetts Supreme Judicial Court publicly reprimanded Judge…

By – Samuel Lopez
America September 10, 2026
Anthropic Says It Caught Scientists Trying…

Key Takeaways Anthropic’s newest threat intelligence report details five case…

By – Samuel Lopez
America September 10, 2026
Michael Jackson Accuser James Safechuck and…

Key Takeaways James Safechuck is reportedly scheduled for questioning September…

By – Samuel Lopez
America September 10, 2026
Wrongful Death Lawsuit Against Energy Drink…

Key takeaways The latest reported order paused the family’s lawsuit…

By – Samuel Lopez
America September 9, 2026
Ambient AI Could Be the Next…

Key Takeaways Ambient AI can turn conversations into draft records,…

By – Samuel Lopez
America September 5, 2026
Georgian National Indicted in Money Laundering…

By Samuel López | USA Herald A federal grand jury…

By – Samuel Lopez
America September 1, 2026
DOJ Drops Hammer On Kansas School…

By Samuel López | USA Herald The U.S. Department of…

By – Samuel Lopez
America August 28, 2026
CVS Ordered to Answer for AI-Fueled…

Case at a Glance A Manhattan federal judge has ruled…

By – Samuel Lopez
Breaking News August 27, 2026
Sacred Horse Year Pilgrimage Turns Catastrophic…

A Disaster Unfolding in Real Time, Legal and Diplomatic Fallout…

By – Samuel Lopez
America September 6, 2026
Travis Kelce-Backed Club Car Wash Faces…

By Samuel López | USA Herald A fast-growing car wash…

By – Samuel Lopez
America September 6, 2026
‘DWTS’ Gleb Savchenko Lists $1.4 Million…

By Samuel López | USA Herald Factual Background Gleb Savchenko…

By – Samuel Lopez
America September 4, 2026
Trump Calls Tiger Woods DUI Plea…

In This Report Tiger Woods accepted reduced charges and surrendered…

By – Samuel Lopez
America September 2, 2026
Clippers Fined $30M as NBA Drops…

A year-long investigation just landed on the Los Angeles Clippers…

By – Rihem Akkouche
America August 26, 2026
Tupac Shakur Murder Trial Moves to…

The Tupac Shakur murder trial will resume Thursday in Las…

By – Jackie Allen
America August 21, 2026
World Cup Brawl Leads to Major…

EAST RUTHERFORD, N.J. — The World Cup final between Spain…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter