Tag Archives: Natural Gas Act

A Bill of Rights for Nature

Does it seem most of the agencies, laws, and rules are rigged for big corporations and against local private property rights, against local fishing, swimming, boating, and hunting, and against organizations like Riverkeepers and Waterkeepers?

Turbidity curtains and black pipe from the north bank
View from the south bank of Sabal Trail fracked methane pipeline turbidity curtains and pipe, collecting drilling fluid frac-out from pilot hole, taken from the north bank of the Withlacoochee River, about 2000 feet upstream from the US 84 bridge.
Photo: John S. Quarterman, October 22nd 2016.

One approach to change that is a Bill of Rights for Nature (BOR), to change the legal structure so rivers, swamps, aquifers, lakes, etc. presumptively have rights that corporations have to prove they are not violating.

For example, Suwannee Riverkeeper is helping oppose a company that wants to mine titanium within three miles of the Okefenokee Swamp, which is the headwaters of the Suwannee and St. Mary’s Rivers, and above the Floridan Aquifer, from which all of south Georgia and north Florida drinks.

http://wwals.net/issues/titanium-mining/

[Tribal Grounds west along GA 94 to TPM equipment, 12:38:38, 30.5257540, -82.0411100]
Tribal Grounds west along GA 94 to TPM equipment, 12:38:38.
Photo: John S. Quarterman for WWALS, on Southwings flight, pilot Allen Nodorft, 2019-10-05.

We shouldn’t have to get more than 20,000 comments sent to the U.S. Army Corps of Engineers (you can still comment) pointing out that the Okefenokee National Wildlife Refuge contributes far more jobs (700+) and other economic benefits (more than $60 million/year) to the region and to Florida and Georgia than even the wildest promises of the miners (150-200 as in the application? 300? 350, as they told some reporters?), and the mine would risk all that, including boating, fishing, and birding in the Swamp and hunting around it. We should be able to point to the rights of the Swamp, Rivers, and Aquifer, and the miners should have to prove beyond a shadow a doubt that they would not violate them.

When the Georgia House of Representatives overwhelmingly refused to grant easements for the Sabal Trail fracked methane pipeline to drill under Georgia rivers, 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.”

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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.

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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

Jury awards 33 times what Sabal Trail offered to Levy Co., FL landowner 2018-11-09

If this isn’t what Sabal Trail was scared of back in September when they settled three jury trials in Valdosta, Georgia, it should have been.

Sabal Trail path digitized by WWALS, Maps

Andrew Caplan, Gainesville Sun, 12 November 2018, Sabal Trail must pay Levy landowners $1.3M

A 12-member jury in Gainesville awarded Levy County residents Lee Thomas and his son, Ryan, more than $1.3 million for land that Sabal Trail built its pipeline on.

Sabal Trail Transmission was back in federal court in Friday to defend its controversial $3 billion project and the offers it made to a pair of landowners for uprooting and burying a natural gas pipeline on their property.

That didn’t go over so well.

Continue reading

Spectra responds in pipeline certificate rulemaking 2018-08-24

As we’ve seen so often in the Sabal Trail docket, Spectra seems to be acting in place of FERC, responding yesterday to thousands of comments on FERC’s certificate rulemaking.

Spectra’s bottom line: a pipeline company’s bottom line matters more than the Fifth Amendment due process, or water, air, or safety. See page 25:

Contrary to some commenters’ arguments, the Commission’s public interest determinations are not rendered insufficient under the Fifth Amendment public use requirement because the Commission considers precedent agreements among applicants and affiliates to be evidence of public benefits.

Spectra repeatedly argues that FERC does not have authority to consider hardly anything other than whether the pipeline company has customers, yet FERC has authority to give eminent domain to private corporations and to let them gouge through our lands and under our rivers without local agreement or payment first.

Page 9: Tolling Orders, Pages

In this election year, you can ask every candidate for statehouse or Congress whether they support Continue reading

Motion to reject FERC DSEIS, to take Sabal Trail out of service, and to revoke its permit: WWALS to FERC 2017-12-29

reopen the whole basis of the FERC 2016 Order, Filing FERC, if it follows its own rules, should reject the DSEIS, stop Sabal Trail, and revoke its permit, says a motion filed today with FERC by Suwannee Riverkeeper.

Followup blog posts will feature major sections and arguments from these 20 pages with their 93 footnotes. The basic arguments are summarized on the first page:

WWALS argues that no SEIS can be complete without accounting for GHG from Liquid Natural Gas (“LNG”) exports, nor without comparing natural gas to solar power, according to precedents already set by FPL, FERC, and others, which also reopen the whole basis of the FERC 2016 Order.

FERC may not care, but the D.C. Circuit Court may, or candidates for office, or the voting public.

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

You can join this fun and work by becoming a WWALS member today!


Filed with FERC today as Continue reading

WWALS and 182 Organizations from 35 States Call for Congressional Review of FERC 2016-09-21

For Immediate Release

WWALS and 182 Organizations from 35 States Call for Congressional Review of FERC

PDF

Hundreds of Nonprofit Organizations Join to Demand Reform of Rogue Agency

Washington, DC, September 21, 2016 — More than 180 organizations representing communities across America called on leaders in the Senate Energy and Natural Resources Committee and House Energy and Commerce Committee to hold congressional hearings into the Federal Energy Regulatory Commission’s (FERC) extensive history of bias and abuse. The groups are also requesting reform of the Natural Gas Act, which the groups say, gives too much power to FERC and too little to state and local officials.

“The time has now come for Congress to investigate how FERC is using its authority and to recognize that major changes are in fact necessary in order to protect people, including future generations, from the ramifications of FERC’s misuse of its power and implementation of the Natural Gas Act,” says Maya van Rossum, the Delaware Riverkeeper, leader of the Delaware Riverkeeper Network and a primary organizer of the effort.

Protesting the pipeline at the Suwannee River crossing...so nice to see lots of kids! “A prime example of FERC’s dereliction of duty to the public benefit is the Sabal Trail fracked methane pipeline Spectra Energy is drilling through Alabama, Georgia, and Florida and under our Withlacoochee River in Georgia and our Suwannee River in Florida,” says John S. Quarterman, president of WWALS Watershed Coalition, Inc. (WWALS), the Waterkeeper® Affiliate for the upper Suwannee River. He added, “FERC failed in its due diligence by opaque selection of environmental contractors, by issuing its permit before permits from two states and the Army Corps, by ignoring copious new geological and other evidence, and by giving Sabal Trail construction go-ahead while a lawsuit is still pending by Flint Riverkeeper, Sierra Club, Gulf Restoration Network, and others, including construction through properties whose landowners have not even had eminent domain compensation hearings. Most egregiously, despite FPL, the source of the $3 billion for this boondoggle, admitting in its 2016 Ten Year Plan that Florida needs no new electricity until 2024 at the earliest, FERC refuses to even reconsider the alleged “need” for this unnecessary, destructive, and hazardous pipeline. Corporate profits for Spectra Energy from Houston, Texas and Enbridge from Calgary, Alberta are no justification for taking local land and risking our water, air, taxes, and safety.”

The letter to Continue reading