Category Archives: Law

Florida State Parks Love Fests 2025-04-05-06

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Come to one of the Florida State Parks Love Fests, organized by the Suwannee-St. Johns Group of the Florida Chapter of Sierra Club, in conjunction with WWALS, OSFR, and others.

You remember last year, when a proposal for golf courses and hotels at Florida State Parks was postponed “due to overwhelming interest” (read: massive statewide protest) and then cancelled.

This year, we need people to help strengthen FL SB 80 and HB 209, which put some constraints on privatization plans, but not enough.

You can help online:
https://waterkeepersflorida.good.do/SB80_2025/SB80_Sponsors/

And you can come down to a state park on the Suwannee or Santa Fe River next weekend.

[Florida State Parks, Love Fests 2025-04-05-06, Suwannee River SP, Manatee Springs, O'Leno SP, Gilchrist Blue Spring]
Florida State Parks, Love Fests 2025-04-05-06, Suwannee River SP, Manatee Springs, O’Leno SP, Gilchrist Blue Spring

On the Suwannee River: Continue reading →

Pictures: Georgia House Committee meeting on Okefenokee Bills 2025-03-03

Numerous people spoke to support the Okefenokee Swamp against mining too near it, about two bills before a subcommittee of the Georgia House Natural Resources and Environment Committee (GA HNRE), on March 3, 2025.

[Speakers on Okefenokee Bills, GA HNRE Comm. 2025-03-03, No action by Crossover Day, But already introduced for 2026]
Speakers on Okefenokee Bills, GA HNRE Comm. 2025-03-03, No action by Crossover Day, But already introduced for 2026

Unfortunately, that was just a hearing, and the Committee did not vote on those bills in any later meeting, either. Which means they did not get a chance for a vote by the full House before Crossover Day. Crossover Day was Thursday, March 6, 2025, after which any bills that passed in one house crossed over to the other house for their consideration.

The good news is that it is a two-year session, so these bills are already introduced for next year: HB 561 and HB 562. Continue reading →

WKFL PIEC Panel and RTCW 2025-02-21

Every year, the fifteen Waterkeepers of Florida gather at the law-student-run Public Interest Environmental Conference (PIEC) at the Levin School of Law of the University of Florida, in Gainesville.

[Waterkeepers Florida, Panel at PIEC, UFL, Gainesville, FL, Right to Clean Water (RTCW)]
Waterkeepers Florida, Panel at PIEC, UFL, Gainesville, FL, Right to Clean Water (RTCW)

This year we had a panel, about sewage sludge, wetland buffers, the climate water nexus, and I spoke about Right to Clean Water (RTCW).

Waterkeepers Florida is a regional entity composed of all 15 Waterkeeper organizations working in the State of Florida to protect and restore our water resources across over 45,000 square miles of watershed, which is home to over 15 million Floridians. Part scientist, teacher, and legal advocate, Waterkeepers combine firsthand knowledge of their waterways with an unwavering commitment to the rights of their communities and to the rule of law. Whether on the water, in a classroom, or in a courtroom, Waterkeepers speak for the waters they defend – with the backing of their local community and the collective strength of Waterkeeper Alliance. Join Waterkeepers from across the state for a discussion of current and future projects to protect our state’s waterways.
https://www.waterkeepersflorida.org Continue reading →

Georgia House Committee meeting on Okefenokee Bills Monday 1PM 2025-03-03

Monday at 1PM or after the House adjourns, the Georgia House Natural Resources and Environment Committee (HNRE) will meet to consider the two bills against mining near the Okefenokee Swamp.

This is the committee where previous bills have died. So this is a very important meeting. Please contact your Georgia Statehouse Representative.

Feel free to mention that many city councils and county commissions have passed resolutions supporting the Okefenokee Swamp against mining. And all the Riverkeepers of Georgia and Waterkeepers of Florida have written letters.
https://wwals.net/pictures/okefenokee-resolutions/

Floridians, please ask your Georgia friends, relatives, and business associates to do the same. And you can contact those Representatives directly. Part of the Okefenokee Swamp is in Florida, and all of it is upstream from Florida, on the St. Marys River and the Suwannee River, of the Florida state song.

To find your legislator (and see below):
http://openstates.org/find_your_legislator/

[Georgia House Committee Meeting 2025-03-03 1 PM, on Okefenokee Bills, Natural Resources and the Environment]
Georgia House Committee Meeting 2025-03-03 1 PM, on Okefenokee Bills, Natural Resources and the Environment

These are the bills:

More about those bills here:
https://wwals.net/?p=67055 Continue reading →

Okefenokee Bills, city and county resolutions, GA House Committee 2025-02-27

Update 2025-03-01: Georgia House Committee meeting on Okefenokee Bills Monday 1PM 2025-03-03.

Many local governments support Georgia legislation to prevent mining near the Okefenokee Swamp, and you can, too.

Please ask your Georgia Statehouse Representative to support the two bills now in the Georgia House.

More about those bills here:
https://wwals.net/?p=67055

Here are all the Georgia State Representatives whose districts include any part of the Suwannee River Basin:
https://wwals.net/about/elected-officials/georgia-house/

Find your legislator:
http://openstates.org/find_your_legislator/

[Okefenokee Bills, city & county resolutions, GA House Committee, Natural Resources & Environment]
Okefenokee Bills, city & county resolutions, GA House Committee, Natural Resources & Environment

Floridians, please ask your Georgia friends and relatives to do that. And you can contact those Representatives directly. Part of the Okefenokee Swamp is in Florida, and all of it is upstream from Florida, on the Suwannee and St. Marys Rivers.

Soon these bills will be heard in the House Committee on Natural Resources and the Environment (HNRE). Not this afternoon, despite an earlier rumor. Maybe as early as Monday. Continue reading →

Two Georgia House bills introduced to protect the Okefenokee Swamp 2025-02-20

Update 2025-02-27: Okefenokee Bills, city and county resolutions, GA House Committee 2025-02-26.

Bipartisan sponsors have introduced two Georgia House bills to protect the Okefenokee Swamp:

These bills will not stop the current mining application before the Georgia Environmental Protection Division (GA-EPD). But they can stop further applications for expansion, which will make the current application much less valuable. And they can stop other mining applications, including by other companies using other mining methods.

The focus of these bills is Trail Ridge east of the Okefenokee Swamp, which is in the St. Marys River Basin. But there is no dam in the Swamp between that Basin and the watershed of the Suwannee River, which drains about 85% of the Swamp.

Please contact your Georgia House Representative and ask them to support these bills.
https://wwals.net/about/elected-officials/georgia-house/

Floridians, please urge your Georgia friends and family to do so. And you can call or write the Georgia State Representatives yourself. Remember: this is all upstream from Florida.

[Two Georgia House bills introduced to protect the Okefenokee Swamp, February 20, 2025]
Two Georgia House bills introduced to protect the Okefenokee Swamp, February 20, 2025

The experienced mining company Chemours spilled 230,000 gallons of process water into the Suwannee River Basin in Florida a week ago.

The company that proposes to strip mine too near the Okefenokee Swamp for titanium dioxide, which is primarily used for white paint, is still under a Florida Consent Order for violations it caused when it was processing tailings at one of Chemours’ Florida mines.

So please ask your Georgia State Representatives to support these bills, and other methods of preventing mining near the Okefenokee Swamp. Continue reading →

Valdosta Sewage Spill Reports: Jackson Drive, not Street, and Sugar Creek 2025-02-17

Update 2025-02-22: Ashburn Spill 2025-02-14, Chemours Mine Spill 2025-02-16, Bad Little River 2025-02-17, Bad Withlacoochee River 2025-02-19 2025-02-19.

Valdosta reported the January 14, 2025, sewage spill in the wrong place. It was actually on Jackson Drive, near the Lowndes County Jail, not on Jackson Street, in downtown Valdosta.

[Jackson Drive, not Street, Dukes Bay Canal, Valdosta, GA Sewage Spills, and Sugar Creek]
Jackson Drive, not Street, Dukes Bay Canal, Valdosta, GA Sewage Spills, and Sugar Creek

Thanks to a tip, I asked Valdosta Utilities Director Jason Barnes, who told me they reported the correct GPS coordinates. But GA-EPD does not publish GPS coordinates.

So WWALS sent an open records request asking for, “All sewage spill reports sent from the City of Valdosta to the Georgia Environmental Protection Division (GA-EPD) from December 4, 2024, through February 17, 2025, as well as any and all related correspondence between the City and GA-EPD.”

As usual, we got no correspondence, but we did get the report, which erroneously says Jackson Street, but it does have the GPS coordinates: 30.81102673, -83.27182962. Continue reading →

Time to sign the petition: Right to Clean Water in Florida 2025-01-20

The day after Christmas, the Florida Fifth District Court of Appeal rejected a titusville charter amendment approved by 83% of local voters for Right to Clean Water (RTCW).

We recognize the overwhelming support of this charter amendment by the residents of the City of Titusville and the admirable policies of the amendment. However, the Legislature in drafting section 403.412(9)(a) of the Environmental Protection Act has not authorized the types of rights provided for in the charter amendment. As such, an appellate court has no power to change or alter what the Legislature mandated.

A week before, the Montana Supreme Court upheld a youth climate case, based on Montana’s 1972 Environmental Rights Amendment. Florida needs to catch up to Montana and Pennsylvania.

“[Montana’s] constitution does not require that dead fish float on the surface of our state’s rivers and streams before its farsighted environmental protections can be invoked.” —Justice Trieweiler, Montana Supreme Court, MEIC v. Montana DEQ 1999

[Florida Right to Clean Water, Please sign the petition, Join Montana and Pennsylvania]
Florida Right to Clean Water, Please sign the petition, Join Montana and Pennsylvania

Florida needs a Right to Clean Water in the state constitution to reverse that legislative pre-emption and to go farther in protecting Florida’s waters, like Montana and Pennsylvania have already done.

Go here to have your copy of the petition mostly filled out for you: https://bit.ly/FRTCW-petition

[QR Code, Florida RTCW Petition]
QR Code, Florida RTCW Petition

Or do it yourself by getting a copy at
https://floridarighttocleanwater.org

WWALS and many other organizations hand out petitions at festivals and outings.

Montana has a state Environmental Rights Amendment (ERA). Pennsylvania also has an ERA, and its Supreme Court has upheld similar cases.

Amy Beth Hanson, Associated Press, December 18, 2024, Montana Supreme Court upholds state judge’s landmark ruling in youth climate case Continue reading →

Okefenokee NWR Minor Acquisition Boundary Expansion approved by USFWS 2025-01-03

Now anyone who wants to sell property within the new boundary to the Refuge can do so.

That includes the coal miners from Alabama who want to strip mine within three miles of the Okefenokee Swamp. Sure, right now they say they don’t want to do that, but things could change.

See also the WWALS support letter for this Minor Expansion, which notes that this action protects not just Trail Ridge, but the entire circumference of the Swamp.
https://wwals.net/?p=66587

Leslie Hull-Ryde, USFWS PR, January 3, 2025, U.S. Fish and Wildlife Service Finalizes Plan for a Minor Expansion of the Okefenokee National Wildlife Refuge Boundary
Enables voluntary actions to protect hydrological integrity, conserve wetlands and key wildlife habitat, and create fuel reduction zone to help protect neighboring properties

The U.S. Fish and Wildlife Service today announced its final decision to expand the acquisition boundary of the Okefenokee National Wildlife Refuge by approximately 22,000 acres. The new acquisition boundary includes lands currently held by a variety of owners within a 1-mile fuel reduction zone adjacent to the refuge. Potential conservation actions on the lands within the boundary expansion could strengthen protection of the hydrological integrity of the swamp, provide habitat for the gopher tortoise, mitigate impacts of wildfires, and provide opportunities for longleaf pine restoration to benefit the red-cockaded woodpecker.

The expanded boundary allows the Service to potentially offer priority public uses such as hunting, fishing, wildlife watching, and education to the more than 400,000 annual visitors to the refuge, thereby driving a growing ecotourism economy within the community.

[Okefenokee NWR Minor Expansion of Acquisition Boundary approved 2025-01-05 by U.S. Fish & Wildlife Service]
Okefenokee NWR Minor Expansion of Acquisition Boundary approved 2025-01-05 by U.S. Fish & Wildlife Service

Today’s decision follows the Department’s recent announcement that Okefenokee National Wildlife Refuge will be nominated to the UNESCO World Heritage List. If designated, the refuge would join the list recognizing 1,223 cultural and natural sites of universal importance, such as the Grand Canyon in Arizona, the Taj Mahal in India, the Great Wall in China, and the Galápagos Islands in Ecuador. Continue reading →

Final Report: Georgia House Study Committee on Navigable Streams 2024-12-01

They decided not to change the 1863 law, and did not chart any clear legislative course forward.

This is better than some courses they could have taken, the Georgia House Study Committee on Navigable Streams and Related Matters.

However, they seem to left the problem for everyone else to navigate in ad hoc partnerships, which could leave paddlers having to negotiate passage among many parties.

[Final Report for little change, maybe privatization of passage 2024-12-01, Georgia House Study Committee on Navigable Streams and Related Matters]
Final Report for little change, maybe privatization of passage 2024-12-01, Georgia House Study Committee on Navigable Streams and Related Matters

Here are the recommendations of the committee from their final report:

  1. Maintain the definition of navigability set forth in O.C.G.A. §44-8-5(a) and the right of passage for navigable streams as found in O.C.G.A. §52-1-31;
  2. Refrain from a statutory delineation of navigable and non-navigable streams;
  3. Incentivize and strengthen tools to foster collaboration and partnerships between landowners, nonprofits, and local/state government that increase opportunities for public access and conservation of Georgia’s waterways;
  4. Preserve the Georgia Outdoor Stewardship Program;
  5. Urge the Department of Natural Resources to further publicize and fund new technologies that assist in tracking and resolving disputes on waterways; and
  6. Protect Georgia’s fishing, hunting, trapping, and outdoor recreation traditions, as well as those reliant on waterways such as logging and farming, by carefully analyzing the impact of any potential legislation on these sectors.

They paid commendable attention to what the public had to say, including fishers, paddlers, riparian landowners, loggers, farmers, and trappers (who said current law does not permit them to trap on public waters).

Noting pulls in various directions, the committee continued to support the 1863 law that requires a navigable stream to be “capable of transporting boats loaded with freight in the regular course of trade either for the whole or a part of the year,” while the committee also depended on GA-DNR’s opinion: Continue reading →