Category Archives: Law

HPS II withdraws phosphate mining application from Bradford County, Florida 2023-01-19

After many years of massive opposition, HPS II Thursday withdrew its application for a phosphate mine “without the County taking any formal action on it.”

[Letter, Map]
Letter, Map

Union County, where HPS II also wanted to mine, rejected its application there, changed the Union County Comprehensive Plan to limit mining, and, with the assistance of Alachua County, maintained legal defense against the mine, until HPS II dropped its lawsuit last June.

So it seems safe to finally say the HPS II phosphate mine is dead.

Congratulations to all the opponents, especially Bradford Environmental Forum, Citizens Against Phosphate Mining, Sierra Club, and Our Santa Fe River (OSFR).

Suwannee Riverkeeper has opposed this mine since 2017, because it drains ito the New River and the Santa Fe River in the Suwannee River Basin, above the Floridan Aquifer. Update 2023-01-24: Added detail. Our opposition has included attending demonstrations, speaking at County Commission meetings in Union and Bradford Counties, writing letters to those Commissions, organizing Southwings small plane overflights of the mine site with opposition members from Union County and OSFR, publishing photographs from such overflights, attending coordination meetings as far away as Tampa, and attending nationwide meetings against phosphate mining. See https://wwals.net/issues/phosphate-mining/. In December 2018, the first official action of the newly-formed Waterkeepers Florida was a a Resolution Against Phosphate Mines in Florida.

HPS II withdrawing their rezoning application does raise questions about where phosphate miners will aim next. Continue reading →

Report: Conditions wanted on Morven Solar by Brooks County Planning Commission 2023-01-20

Update 2023-02-06: Videos: Morven Solar at Brooks County Planning Commission 2023-01-19.

In front of a standing-room-only audience, and after long hesitation, the Brooks County Planning Commission voted 3-1 to recommend Conditional Approval for the Morven Solar project, pending “A Valid Road use Agreement put in-place” and “Erosion Measures provided and Filtration Plants in the Retention Ponds”.

Here is the report sent from the Planning Commission to the County Commission for its decision on February 6th. The report has some puzzling omissions.

[Meeting 2023-01-19, Recommendation 2023-01-20]
Meeting 2023-01-19, Recommendation 2023-01-20

Staff still recommends denial, and the included Staff Analysis is the same as provided before the Planning Commission meeting. Continue reading →

Public Comment on land use plan for titanium strip mine too near the Okefenokee Swamp –GA-EPD 2023-01-19

GA-EPD is providing more public comment opportunity than it has been promising for the past year. It has opened a comment period on Twin Pines Minerals Mining Land Use Plan, after which it will do what it previously promised: issue a draft permit and open a comment period on that.

You can object now to that titanium dioxide strip mine for white paint far too close to the Okefenokee Swamp, which is the headwaters of the Suwannee and St. Marys Rivers, and sits above the Floridan Aquifer from which we all drink in south Georgia and north Florida. You can email or paper mail your comments, or join one of two zoom webinars.

The comment deadline is 60 days after the notice of yesterday, so apparently Monday, March 20, 2023.

[Proposed Project Location, 2-MLUP-App-N-b-Modeling-the-Groundwater-Flow-System-on-Trail-Ridge-9-14-2021-Figs-Tables-and-Apps-0012]
Proposed Project Location, 2-MLUP-App-N-b-Modeling-the-Groundwater-Flow-System-on-Trail-Ridge-9-14-2021-Figs-Tables-and-Apps-0012

The Twin Pines Minerals Draft Mining Land Use Plan and Associated Documents for Public Comment are on the GA-EPD website, and also on the WWALS website.

Here is the public notice: Continue reading →

Agenda: One item, Morven Solar @ Brooks County Planning Commission 2023-01-19

Update 2023-01-18: Pictures: sites of Morven Solar 2023-01-18.

It may be a long meeting even with only one item, since Morven Solar seems to be contentious.

[Aerial Map of Morven Solar and Agenda, Brooks County Planning Commission 2023-01-19]
Aerial Map of Morven Solar and Agenda, Brooks County Planning Commission 2023-01-19

Here is the agenda, received in response to a WWALS open records request from Brooks County Zoning and Code Enforcement Agent Melissa Smith. Continue reading →

Valdosta litter reports: and then what? 2023-01-06

Absentee landlords are letting trash get into Valdosta streets and creeks. What is the City of Valdosta doing about it?

Somebody named Gary McMillan reported two Litter issues on December 6, 2022 and January 6, 2023 through Valdosta’s Click ‘n’ Fix app. Both locations are slighlty uphill from One Mile Branch, which flows into Sugar Creek and the Withlacoochee River, upstream from the proposed Troupville Nature Park.

[Trash near Baytree Drive and One Mile Branch map]
Trash near Baytree Drive and One Mile Branch map

City Marshalls in each case said they did something, which is good. But they closed out each ticket before reporting the actual outcome.

Both properties are owned by absentee landlords, who also own many other lots throughout Valdosta.

It’s time for the City of Valdosta to enforce its trash ordinances on property owners, especially absentee landlords.

Gary McMillan reported issue 13786041 on December 6, 2022:

Large amount of litter along Baytree Dr. and Jo Ree St. Some trash/litter is associated with a spilling bag of garbage. Much is not associated with the bag, but is typical of this neighborhood.
Continue reading →

Morven Solar rezoning proposed around Slaughter Creek, Little River @ Brooks County Planning Commission 2023-01-19

Update 2023-01-18: Agenda: One item, Morven Solar @ Brooks County Planning Commission 2023-01-19.

A large solar project, in agricultural fields and pecan groves scattered around wetlands, will be heard by the Brooks County Planning Commission at 5:30 PM this Thursday, January 19, 2023, at 610 S Highland Road, Quitman, GA 31643.

[Morven Solar, Slaughter Creek, Withlacoochee River]
Morven Solar, Slaughter Creek, Withlacoochee River

Staff’s recommendation:

Due to the staff’s concern of the amount of “prime farmland”, the quantity of jurisdictional wetlands, the threatened and candidate species potential impacts, and the amount of access roads because the parcels are not contiguous (especially Peach Road — dirt), the Staff recommends DENIAL of the applicant’s proposed use as a Large-Scale Solar Energy System.

WWALS is generally in favor of solar power, but this project raises serious doubts, most of which are expressed in the Staff Analysis.

The final decision will be made by the Brooks County Commission, 5:00 PM, Monday, February 6, 2023, also at 610 S Highland Road, Quitman, GA 31643.

The project is between Morven and Hahira, straddling Slaughter Creek, upstream from the Little River. Continue reading →

Lowndes County buys Troupville land for Nature Park and River Camp 2022-12-30

Suwannee Riverkeeper features in the image the Valdosta Daily Times used with the story.

County acquires Troupeville[sic] land for nature reserve, By Malia Thomas, Valdosta Daily Times, Dec 30, 2022,

VALDOSTA — Lowndes County is doing its part to preserve nature with the purchase of 71.47 acres of land between the Little River Confluence and the Withlacoochee River.

[Suwannee Riverkeeper banner at a Troupville cleanup. Lowndes County Chairman Bill Slaughter is second from right, back row. WWALS E.D. Gretchen Quarterman is by the left end of the banner.]
Suwannee Riverkeeper banner at a Troupville cleanup.
Lowndes County Chairman Bill Slaughter is second from right, back row.
WWALS E.D. Gretchen Quarterman is by the left end of the banner.

The county purchased the land from Between the Rivers LLC. for $121,500 with the intention of setting it aside as a nature preserve. The Valdosta-Lowndes Parks and Recreation Authority owns the land between that property and Highway 133.

In her letter to the Georgia Department of Natural Resources Board of Trustees, sixth generation owner and property seller Helen Tapp spoke of Continue reading →

News again: Valdosta’s 2021 resolution against the strip mine proposed too near the Okefenokee Swamp 2023-01-01

Old news is new again.

You can help make this resolution and others affect the miners’ plans:
https://wwals.net/issues/titanium

Terry Richards, Yahoo News and Valdosta Daily Times, January 1 2023, Valdosta on record opposing mining operation,

Jan. 1—VALDOSTA — More than a year ago the Valdosta City Council joined lawmakers across South Georgia opposing controversial mining plans near the Okefenokee Swamp.

At the time, the president of the mining company said he was not concerned about local resolutions like the one passed by Valdosta.

“The Valdosta City Council’s resolution has no impact on our plans whatsoever,” said Steve Ingle, president of Twin Pines Minerals, in a statement.

Valdosta City Council voted Nov. 11, 2021 to oppose Twin Pines’ plans to start a mining project near the Okefenokee Swamp, about 75 miles from Valdosta. The vote was 6-0.

[Dragline on TPM mine site 2022-09-27 and Valdosta City Council 2021-11-11]
Dragline on TPM mine site 2022-09-27 and Valdosta City Council 2021-11-11

Here is video of that vote and the text of the resolution.
https://wwals.net/?p=57073

All the other similar resolutions are on the WWALS website.

Back to the story: Continue reading →

New York landfill court case illustrates right to clean water 2022-12-30

A lawsuit using New York State’s recent Environmental Rights Amendment illustrates what a Right to Clean Water constitutional amendment could do for Florida or Georgia.

Here’s what’s going on in Perinton, NY. Then Joseph Bonasia of Florida Rights of Nature Network provides examples of how Florida’s pending Right to Clean and Healthy Waters (RTCW) could be used to solve similar cases.

In Georgia, an RTCW amendment could perhaps be used to get cities to stop trash from polluting waterways, for example maybe to get Valdosta to enforce its ordinances against landowners letting trash off their property and requiring so many trash cans per number of parking places. That would keep much trash out of creeks such as Hightower Creek, Sugar Creek, and the Withlacoochee River, protecting neighborhood children, wildlife, and the river all the way to Florida.

[High Acres Landfill, Rochester, NY. Photo: Max Schulte]
High Acres Landfill, looms over a neighborhood in Perinton, near Rochester, NY. Residents claim the dump violates their state constitutional right to “clean air, clean air, and a healthful environment.”, Photo: Max Schulte

Gino Fanelli, Rochester City Newspaper, March 28, 2022, Neighbors say Perinton landfill violates their constitutional right to ‘clean air’,

The sour scent of rot hung over Perinton Parkway one early spring day.

Continue reading →

A federal bottle deposit requirement could happen 2022-12-15

The plastic industry doubled down on the failed solution of recycling, on potential revisions to a federal bill to limit the harm of plastics, including through bottle deposits.

Still, bottle deposits do increase recycling, so that would be better than nothing, reducing the amount of plastic trash we find in waterways such as the Withlacoochee River and leading to it Valdosta’s Sugar Creek, One Mile Branch, Two Mile Branch, and Three Mile Branch.

[Toxic, Trash]
Toxic, Trash

WWALS has been supporting bottle deposits and more since 2020, along with many other organizations.

Cheryl Hogue, Chemical & Engineering News, December 14, 2022, Requiring deposits on bottles in US could garner plastics industry’s support: Legislation would have to be ‘drafted correctly,’ association leader says,

A major US plastics industry organization could support federal legislation to require consumers to pay deposits on beverage bottles, the head of the group told a congressional panel Dec. 15.

Continue reading →