Tag Archives: appeal

Nestle permit deleted from SRWMD agenda 2020-03-10

How does Nestlé appeal a decision that hasn’t been made yet? I guess we’re about to find out.

Meanwhile, I plan to go speak anyway, 9AM Tuesday 10 March 2020 at SRWMD HQ in Live Oak. How about you?

For inspiration, see the WWALS videos of the 32 speakers from December.

[Nestle denial pulled from agenda]
Nestle denial pulled from agenda
PDF

Received via email about 4PM today, Monday, March 9, 2020:

March 9, 2020

NOTICE OF AMENDMENT OF AGENDA

NOTICE IS GIVEN that Agenda Item No. 20—BCS Page 61—Authorization to Deny Water Use Permit Renewal Application 2-041-218202-3, Seven Springs Water Company Project, Gilchrist County has been pulled from the agenda.

The Applicant has filed a petition for administrative hearing on this denial and the District has forwarded the petition to the Division of Administrative Hearings (“DOAH”) for consideration by an Administrative Law Judge as required by law.

The District does not have jurisdiction to act on the petition until the administrative process is completed before DOAH and the Administrative Law Judge issues a recommended order. Upon issuance of the recommended order, the Governing Board will re-agenda this item for final agency action.

Suwannee River Water Management District |
www.MySuwanneeRiver.com

A few minutes before, the revised agenda arrived via email. Continue reading

Appeal against pipeline eminent domain to U.S. Supreme Court 2019-03-13

Ain’t that the truth: “The upshot of this is that the pipeline companies get everything they want, and the property owners get nothing.”

[Transco]
Transco

A lasting solution would be to remove private eminent domain from the Natural Gas Act (NGA), as proposed by the Georgia House of Representatives in 2017. Meanwhile, this Writ attempts at least to limit the damage.

[Question]
Question

This Pennsylvania case is about Transcontinental Pipeline Company (Transco), which is also behind the Hillabee Expansion Project in Alabama, the source of Sabal Trail’s fracked methane in the Continue reading

FDEP silently issued Sabal Trail permit and easement 2016-021-22

Despite being on FDEP’s permit announcement list, I never got anything about a Sabal Trail permit. Sabal-trail-23.3
35146.1-0001 After much digging, the other day I found that FDEP went ahead and issued the Sabal Trail permit 22 January 2016 (PDF), conveniently before FERC issued certificates 2 February 2016.

That FDEP permit was also before the appeal deadline of 15 February 2016 in WWALS v Sabal Trail & FDEP. They did not copy the petitioner in that case, namely WWALS. They did copy Audubon Florida, which, as you may recall back in October sent FERC a letter supporting Sabal Trail (and then tried to walk back part of it). A letter that EPA chose to mention by name to the Army Corps of Engineers, while not naming Sierra Club or WWALS in opposition. Apparently if you go along with FDEP you get preferential notification.

And that, that’s nothing. FDEP issued Continue reading