Monthly Archives: October 2019

Rights to Clean Water, Air, and Land

Update 2021-06-15: Right to Clean Water, and four more Florida ballot initiatives 2021-05-20.

Update 2021-02: New York State Environmental Rights Amendment for November 2021 ballot: “Each person shall have a right to clean air and water, and a healthful environment.”

See also the 1972 Montana precedent.

Update 2021-02-24: The regulatory trap at SRWMD: 30 speakers, yet unanimous Nestlé permit 2021-02-23.

Update 2021-01-31: Green Amendment Passes in the New York State Legislature.

Update 2021-01-22: Orange County, Florida (home of Orlando) passed a Bill of Rights for Nature, becoming the most populous local government area in the U.S. to do so; see below.

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?

[Sabal Trail fracked methane pipeline, titanium mine too near Okefenokee Swamp, Suwannee River Basin]
Sabal Trail fracked methane pipeline, titanium mine too near Okefenokee Swamp, Suwannee River Basin.
See also WWALS map of all public landings in the Suwannee River Basin.

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. There are at least three ways to do this: personhood for a waterbody, a Bill of Rights for Nature spelling out specific rights such as to exist and to flow unpolluted, or human rights to clean air and water, commonly known as a Green Amendment.

Examples

First, here are some examples of why rights of nature would be useful.

Example: a titanium strip mine proposed too near the Okefenokee Swamp

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.

[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 60,000 comments sent to the U.S. Army Corps of Engineers 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.

Update 2021-01-22: And then the Army Corps abdicated oversight in late 2020, leaving only the State of Georgia standing between the miners and Swamp with their five permit applications to the Georgia Department of Environmental Protection.

[Twin Pines Minerals mine land, maps, Cherokee of Georgia Tribal Grounds]
Twin Pines Minerals mine land, maps, Cherokee of Georgia Tribal Grounds, photographs by Southwings pilot Chris Carmel on a flight for Suwannee Riverkeeper, 2021-01-10.

You can help, by asking the Georgia Governor and other elected and appointed officials to reject or at least thoroughly review those permit applications.

Example: the Sabal Trail fracked methane pipeline

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

ARWT Sign to Pafford’s Landing: Cleanup this Saturday 2019-10-12

Stay to the left to go to Lanier Boat Ramp first, then come back and take the right fork to Pafford’s Landing for the WWALS and Rivers Alive cleanup this 10 AM this Saturday, October 12, 2019, on the Alapaha River near Lakeland, Georgia. It’s free!

[With roads]
With roads

You can also help pay for these Alapaha River Water Trail road signs Continue reading

Heavy equipment on TPM titanium mining site near Okefenokee Swamp 2019-10-05

Update 2019-10-10: Looking west from the Cherokee of Georgia Tribal Grounds along GA 94 past sawmill to equipment on mine site, with Okefenokee Swamp beyond. And a Bill of Rights for Nature.

[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.

This time it’s true: there is heavy equipment on site Twin Pines Minerals proposes for titanium mining near the Okefenokee Swamp, as of yesterday. It looks like dredging equipment similar to what we saw a few minutes earlier at the Chemours North Maxville Mine in Baker County, Florida. People more familiar with mining equipment, what do you think?

[Closeup: equipment]
Photo: John S. Quarterman for WWALS, on Southwings flight, pilot Allen Nodorft, Closeup: equipment, 12:41 PM, Saturday, October 5, 2019.

For context, this picture is looking east along GA 94 towards St. George: Continue reading

Two thirds of SRWMD Board half there 2019-09-18

It was surprisingly interactive meeting, with the Board members repeatedly questioning staff about multiple projects, sometimes taking up points raised from the audience. One Board Member even stopped a project. Yet half the rump board was not visible, being on the telephone, and the Budget Public Hearing may or may not have been legal.

Nestlé Water Withdrawal Permits

At the rescheduled September SRWMD Board meeting, OSFR President Mike Roth questioned the validity of the permitting process for Nestlé’s proposed 1.2 million gallon per day water withdrawal from Ginnie Springs on the Santa Fe River, since the actual application is from Seven Springs, which proposes to sell the water to Nestlé, which is not a use authorized by Florida Statutes.

[OSFR President]
OSFR President

I seconded that, and added that the SRWMD Board should revisit Nestlé’s permit for water withdrawal at Madison Blue Springs on the Withlacoochee River, since Florida Statutes to authorize them to do that.

You can comment to SRWMD about Nestlé’s permits.

Photo: Jim Tatum for OSFR, of Suwannee Riverkeeper John S. Quarterman
Photo: Jim Tatum for OSFR, of Suwannee Riverkeeper John S. Quarterman

Afterwards, SRWMD’s Tom Mirti told me the $70,000 contract with SRWMD for Nestlé to support springs water quality monitoring is required by the Nestlé permit for Madison Blue Spring, even though it has to be negotiated separately. Apparently yet another open records request is needed.

Invisible and Missing Board Members

Continue reading

Full page ad by titanium miners in Charlton County Herald 2019-09-25

Update 2019-11-07: This blog post published as an op-ed in the Charlton County Herald, October 9, 2019, as Convenience of private profit is no excuse to risk Okefenokee.

[Convenience of private profit is no excuse to risk Okefenokee --Suwannee Riverkeeper]
Convenience of private profit is no excuse to risk Okefenokee –Suwannee Riverkeeper

It’s the miners who are proposing to risk the Okefenokee Swamp for their private profit, so it’s their job to provide proof, despite what the Twin Pines full page ad in the Charlton County Herald says. Alex Kearns has already made this point for St. Marys Earthkeepers in a letter to the editor. You can comment on the newspaper’s website on that one, or you can send one, too, to: editor@charltonherald.com.

[CharltonCounty-Herald 25Sept2019-0001]
CharltonCounty-Herald 25Sept2019-0001
PDF

Yet in our Suwannee Riverkeeper comments to the Corps, we have provided quite a few studies that indicate the risk, including a Florida Consent Order against the same company for similar mines in Florida.

Where are these studies Twin Pines touts in the ad? They were not in Twin Pines’ mining application, as we and many others, including U.S. EPA and GA-EPD have pointed out. When will these miners’ studies be published?

The one Twin Pines hydrogeological study I have been able to find is in a different application that this miners’ ad doesn’t mention: for groundwater withdrawal and use. That study shows the 4.32 million gallons per day the miners’ want (more than twice all the current permitted water withdrawals in Charlton County) would lower the level of the Floridan Aquifer under the Swamp.

[Figure 8. Drawdown 2930 days]
Figure 8. Drawdown 2930 days

At the August 13, 2019 miners’ meeting in Folkston, GA, Steve Ingle claimed the mine would not affect the Floridan Aquifer, and the miners’ hydrologist Mark Tanner claimed there would be no cone of depression under the Swamp, both on video. This was two weeks after the same company had filed its withdrawal application with a hydrology report that clearly depicts a cone of depression extending under the Swamp. A report authored by the same two hydrologists who were at the August 13th meeting: Robert M. Holt and J. Mark Tanner.

The same miners’ hydrologists also repeatedly refused to guarantee there would be no effect on the Suwannee River, despite the ad’s claims of “100% certainty.”

Pretty much every other point in that ad is similarly easily rebuttable.

It’s curious they didn’t mention their biggest selling point: Continue reading

Old US 129 Bridge, Suwannee River 2019-09-18

A favorite bridge, on Old US 129 across the Suwannee River:

[River Bend and Bridge]
River Bend and Bridge

Seen from US 128, looking upstream on the Suwannee River. North (to the left) is Jasper, Hamilton County, Florida. South (to the right) is Live Oak, Suwannee County. Continue reading

Trash in wetlands at Flying J, Exit 2, I-75 2019-08-23

Update 2019-12-19: Cleanup finishing at Flying J, Exit 2, I-75, Lowndes County, GA 2019-12-10.

I must compliment Lowndes County Code Enforcement, the Flying J, Dynamis, and Deep South Sanitation, about this cleanup at the Flying J, Exit 2, I-75, Lake Park, Georgia, about a mile from the GA-FL line.

[Trash in gap]
Trash in gap

On August 23, 2019, I sent this picture and the location to Lowndes County Code Enforcement:

[Still more trash]
Still more trash

Code Enforcement Director Mindy Bates responded within the hour: Continue reading