11th Circuit Remands City of Brunswick’s Mercury Suit Against Georgia Power
The 11th Circuit sent the City of Brunswick's mercury pollution suit against Georgia Power and Honeywell back to federal court.
Why it matters: This remand underscores ongoing litigation risks for companies managing contaminated sites and highlights evolving legal standards for environmental liability, key for litigators and corporate defense counsel.
- On August 3, 2026, the 11th Circuit Court of Appeals remanded the City of Brunswick’s mercury pollution lawsuit against Georgia Power and Honeywell.
- The lawsuit claims hazardous waste, including mercury, leaked from a Superfund site in Brunswick, Georgia, that Honeywell has been cleaning up since 1996.
- In December 2022, Honeywell and other companies settled for $150 million to help clean the Passaic River site in New Jersey, whose total remediation could cost up to $1.5 billion.
- The remand does not dismiss the case but sends it back for further proceedings, meaning litigation will continue in federal court.
On August 3, 2026, the 11th Circuit Court of Appeals ordered the City of Brunswick's mercury pollution lawsuit against Georgia Power and Honeywell International be sent back to federal court for further review. The city alleges that mercury and other hazardous substances have leaked from a federally designated contaminated site known as a Superfund site, which Honeywell has been managing and cleaning up since 1996.
Instead of dismissing the case, the court's decision to remand means the litigation will proceed with potentially additional fact-finding or legal analysis. This highlights ongoing legal scrutiny regarding environmental cleanup responsibilities and the accountability of companies involved in remediation efforts.
Honeywell's environmental liabilities extend beyond Brunswick. In December 2022, the company and other parties agreed to a $150 million settlement toward cleaning the Passaic River in New Jersey, a Superfund site with estimated cleanup costs as high as $1.5 billion. This history of multi-site contamination cases illustrates the financial and legal exposure companies face when managing hazardous waste sites.
Legal professionals focusing on environmental law and corporate risk should take note of this case. The 11th Circuit’s remand may influence strategies for defending or pursuing claims related to Superfund site pollution, compliance with federal environmental statutes, and the limits of corporate liability.
By the numbers:
- August 3, 2026 — Date of 11th Circuit remand ruling
- $150 million — Settlement Honeywell paid for Passaic River cleanup in 2022
- $1.5 billion — Estimated total cost to clean Passaic River Superfund site
Yes, but: Although the remand means the case will continue in federal court, it does not indicate the merits of the lawsuit or guarantee a ruling favorable to the City of Brunswick.
What's next: Future proceedings in the federal district court will clarify issues left unresolved by the 11th Circuit, potentially shaping environmental litigation standards against polluters.