Category Archives: Law

Port Tampa Bay has no agreement with Strom LNG, and wants none 2021-06-15

Update 2021-07-21: Ghost company: Strom LNG.

The many speakers against Strom, Inc. exporting LNG through Port Tampa Bay were heard at the Port board meeting yesterday morning. Port staff misunderstood Strom’s filing, but the Principal Counsel made a very strong statement against that or other LNG export or import through Port Tampa Bay.

[Strom, Port Tampa Bay, Attorney and CEO, Panelists]
Strom, Port Tampa Bay, Attorney and CEO, Panelists

In the Port’s own zoom recording, at 01:52:30, Charles E. Klug, Principal Counsel, Port Tampa Bay, said: Continue reading

Right to Clean Water, and four more Florida ballot initiatives 2021-05-20

Update 2021-12-19: WWALS will hold a webinar about Rights to Clean Water, Air, Land, and a healthy environment at 7PM, March 10, 2022. Stay tuned for details.

Update 2021-12-18: A new Florida Right to Clean Water statewide petition will be available February 2, 2022, with the aim of getting the amendment on the November 2024 ballot.

Water as a human right will be on the Florida statewide ballot this fall, if enough Floridians sign the petition.

Plus wetlands protection, iconic species protection including the manatee, a ban on new or expanded toll roads, and a ban on captive wildlife hunting. As the website FL5.ORG says: Keep Florida Alive, Sign all 5.

For each petition, that’s 222,898 signatures to get judicial and financial review, and 891,589 to get it on the ballot.

It’s doable: there are more than 21 million Floridians.

[Sign all 5: Right to Clean Water, Ban new toll roads, and more]
Sign all 5: Right to Clean Water, Ban new toll roads, and more

FLORIDA RIGHT TO CLEAN WATER

This one is the key for the work of Suwannee Riverkeeper. It would make it a lot easier to stop pipelines, mines, and Nestlé and other water withdrawal boondoogles.

CONSTITUTIONAL AMENDMENT FULL TEXT Continue reading

OSFR kayaktivism at Ginnie Springs, Santa Fe River 2021-05-29

Not a WWALS outing, but we recommend it: Our Santa Fe River (OSFR) is doing kayaktivism tomorrow, Saturday, May 29, 2021, on a mile and a half of Santa Fe River frontage next to Ginnie Springs.

This is to protest the recent ridiculous award of a water withdrawal permit by the Suwannee River Water Management District (SRWMD) to Seven Springs Water Company (SSWC) and Nestlé or Nestle Water North America (NWNA) or BlueTriton as NWNA is called after being bought by One Rock and Metropoulos. It’s so ridiculous SRWMD is appealing its own decision, in addition to three or more other lawsuits.

Paddle if you can, with signs.

Group of paddlers at Ginnie Springs

For all details about outing, see this OSFR blog post: KAYAKTIVISM Sat. May 29, 11am-2pm On The River By Ginnie Springs Campground.

WWALS has contributed financially to the lawsuit OSFR has brought against SRWMD.

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

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

Calling for pictures of swimming, diving, rapids, tubing, water skiing, or surfing, Suwannee River Basin, Georgia

Update 2021-06-21: The real deadline is June 30, 2021.

Calling for pictures, personal experience, or other evidence of swimming or diving in lakes and rivers in the Suwannee River Basin, and evidence of investments in recreation.

[Candidate Recreational waterways, Georgia, legend, Suwannee River Basin]
Candidate Recreational waterways, Georgia, legend, Suwannee River Basin

For a waterway to be redesignated Recreational instead of Fishing, as we requested back in 2019, GA-EPD requires evidence of “Primary Contact Recreation,” which it says is “full immersion contact with water where there is significant risk of ingestion that includes, but is not limited to, swimming, diving, white water boating (class 3+), tubing, water skiing, and surfing.”

Recreational designation would mean tighter restrictions on contamination limits. That should be good for fish, fishing, people who swim, fish, and boat, and for eco-tourism.

Could everyone who has pictures, news reports, or other solid evidence of such activities in the Suwannee River Basin in Georgia please send them in. That’s in the Okefenokee Swamp, Suwannee River, Alapaha River, Banks Lake, Grand Bay, Withlacoochee River, or Little River.

Please use this form:
https://forms.gle/DipPgU2TP5atc2Rf9
If you have difficulties with that, please email them to wwalswatershed@gmail.com.

Also, please send any evidence of investments in recreation along any of these waterways, with dollar amounts, if you have them.

No rush. We thought we had until the end of June, but recently GA-EPD truncated the deadline to May 28th. That’s Friday of this week. GA-EPD has indicated that the end-of-week deadline may be flexible, but please send what you’ve got as fast as you can.

They also applied a bunch of criteria, some of which we were previously unaware of, and tossed out many stretches of the rivers. We asked for an appeal process, but they have not provided one. So feel free to send in pictures and other evidence about all stretches, and we’ll see what we can do with them.

The good news is that still on the candidate list for Recreational redesignation is all of the Okefenokee Swamp, the Suwannee River in Georgia, Banks Lake, and Grand Bay Creek and Trail within the Grand Bay WMA. Also included is most of the Alapaha River within the Alapaha River Water Trail, but not upstream from the Willacoochee River, and not for ten miles downstream from Lakeland.

But almost all of the Withlacoochee River is eliminated, except for Tiger Creek (at Spook Bridge) to the state line, and all of the Little River is eliminated. Also gone is Lake Irma, because Continue reading

Eulogy for Christopher Stone: Should Trees have Standing? 2021-05-19

“Nature should have its own voice…,
even though nature can’t speak.
Corporations can’t speak.
Nation states can’t speak.
They hire a counsel to speak for them.”

Christopher D. Stone said that in 2013, revisiting a legal theory he pioneered in 1972.

He died May 14, 2021, and there is a lengthy eulogy. Emily Langer, Washington Post, 2021-05-19, Christopher Stone, environmental scholar who championed fundamental rights of nature, dies at 83.

But first, hear the professor speak.

[Christopher Stone Revisits
 "Should Trees Have Standing?" -USC Gould School of Law 2021-07-30]
Christopher Stone Revisits “Should Trees Have Standing?”

Here is the video by USC Gould School of Law:

He describes a situation that seems eerily familiar:

Walt Disney Enterprises had proposed to develop Mineral King Valley. By develop meaning put in motels, restaurants, and things of that sort. The Sierra Club challenged the permit, permitting this to go on. And the case went up to the Ninth Circuit. And the Forest Service said, look, you don’t have standing, you the Sierra Club don’t have standing. Maybe this is a wrong to issue the permit, but you are not injured, you as a club are not injured.

That scenario is familiar for two reasons.

Early on, Walt Disney World was intended to be in Lowndes County, Georgia, as recounted by numerous local people here who remember when it happened. This actually makes more sense as a location than Orlando, because it would have been next to I-75 and not far from I-10, with easier road access from more of the U.S. population than Orlando. It didn’t happen because Continue reading

SRWMD disclaims responsibility for new Chemours titanium mine near Starke

Much like the SRWMD Board listened to its attorneys and approved Nestlé Ginnie Springs water withdrawal near the Santa Fe River, SRWMD says it has no authority to stop the proposed new titanium mine Chemours wants near Starke, the fifth one in Florida, plus the two or three Chemours has in Georgia, plus the proposed Twin Pines Minerals mine near the Okefenokee Swamp, all on Trail Ridge, the north-south divide between the Suwannee River and St. Johns River Basins in Florida, and the dam that holds in the Okefenokee Swamp in Georgia.

The reporter has a good idea: SRWMD could charge Chemours for access through state property to its mine site.

Meanwhile, FDEP Mining and Mitigation has issued a Notice of Intent to Issue Environmental Resource Permit, which includes contact information for comments, and how you could file a request for a legal hearing.

You can also still ask Georgia officials to stop the other proposed mine far too near the Okefenokee Swamp:
https://wwals.net/?p=55092

[Location, Mine, SRWMD, Bradford BOCC]
Location, Mine, SRWMD, Bradford BOCC

Craig Pittman, Florida Phoenix, 20 May 2021, FL allowing mining of state-owned wetlands has a certain smell to it,

But the region also boasts a multitude of springs, lakes, creeks, and rivers, including the Santa Fe and the famous Suwannee, celebrated in our problematic state song. Overseeing these watery state assets is the Suwannee River Water Management District, which in 2015 spent $3.9 million to buy more than 2,000 acres of forest and swamp near Starke from the timber company Rayonier.

“It seemed like a good purchase,” Tom Mirti, the district’s deputy executive director, told me this week.

District officials figured they could use that land for a variety of environmentally beneficial projects, including creating a wildlife corridor for bears and other wide-ranging animals between the Ocala National Forest and the Osceola National Forest, he said.

There was just one problem: Rayonier kept the mineral rights to the property. Then the timber giant turned around and leased those mineral rights to Chemours. And there wasn’t a thing the water agency could say about it.

Continue reading

WWALS Non-Discrimination Policy 2021-05-11

The WWALS Board passed a policy this Tuesday, May 11, 2021:

WWALS Watershed Coalition, Inc, (WWALS) does not discriminate based on race, ethnicity, color, sex, religion, age, national origin, ancestry, citizenship, sexual orientation, gender identity and/or expression, or disability in purpose, activities, or actions.

This has been our practice all along; the Board merely decided to formalize it.

This WWALS policy also applies to Suwannee Riverkeeper, which is a project and a staff position of WWALS.

What does this policy mean for WWALS outings? Actually, not much different from what we have been doing all along. We have had people with various disabilities paddle with us before. We are happy to help people in and out of boats. That applies even to people whose legs fall asleep during a paddle.

[Reed Bingham State Park East Boat Ramp (Dan Phillips), Gibson Park Boat Ramp (Bobby McKenzie)]
Reed Bingham State Park East Boat Ramp (Dan Phillips), Gibson Park Boat Ramp (Bobby McKenzie)

The key is reasonable accommodation.

We describe the level of fitness required for any given outing, so people can decide whether they want to tackle it or not.

Some outings, such as the upcoming Big Shoals portage, up and down steep slippery banks around the biggest rapids on the Suwannee River, will require participants to be able-bodied. Continue reading

Sen. Ossoff tries new Valdosta public transit; answers questions about Okefenokee Swamp –Valdosta Daily Times 2021-05-09

Georgia U.S. Senator Jon Ossoff’s positive answer to Suwannee Riverkeeper’s question about the Okefenokee Swamp was covered by the local newspaper of record.

[VDT, Ossoff, Warnock]
VDT, Ossoff, Warnock

You can use the Waterkeeper Alliance Action Alert to send a message to the Georgia Environmental Protection Division (GA-EPD) asking it to reject the permit applications for that site; such messages will be forwarded to Georgia elected officials, including U.S. Senators Ossoff and Warnock.
https://wwals.net/?p=55092

Bryce Ethridge, Valdosta Daily Times, 6 May 2021, Ossoff: Millions for S.Ga. schools,

During Ossoff’s visit, Suwannee Riverkeeper John Quarterman asked about the proposed heavy mineral sands mine near the Okefenokee National Wildlife Refuge.

This refuge is the largest east of the Mississippi and carries a hefty amount of wildlife biodiversity. The mine could potentially impact the refuge’s native species, basin hydrology and overall integrity.

Continue reading

Senator Jon Ossoff: Okefenokee is a sacred natural resource 2021-05-06

Update 2021-05-09: Coverage in the local newspaper of record, Sen. Ossoff tries new Valdosta public transit; answers questions about Okefenokee Swamp –Valdosta Daily Times 2021-05-09.

“The Okefenokee is a sacred natural resource. It is a wildlife refuge that must be protected,” said U.S. Senator Jon Ossoff, responding to a question by Suwannee Riverkeeper John S. Quarterman, today, in Valdosta, Georgia.

You can use the Waterkeeper Alliance Action Alert, to send a message to the Georgia Environmental Protection Division (GA-EPD) asking it to reject the permit applications for that site; such messages will be forwarded to Georgia elected officials, including U.S. Senators Ossoff and Warnock.
https://wwals.net/?p=55092

[Valdosta on demand, City Hall, Senator Jon Ossoff on Okefenokee, Valdosta Mayor, Council, Staff, Sen. Ossoff]
Valdosta on demand, City Hall, Senator Jon Ossoff on Okefenokee, Valdosta Mayor, Council, Staff, Sen. Ossoff

Here is the WWALS video: Continue reading

Chemours: new Florida mine, what about next to the Okefenokee Swamp in Georgia? 2021-04-23

On the same day the Florida Department of Environmental Protection (FDEP) filed a notice of intent to issue a permit for a new titanium mine on Trail Ridge in Bradford County, Florida, the Sierra Club posted an action alert for people to ask what does Chemours intend to do about the Twin Pines Minerals mining application within three miles of the Okefenokee Swamp in Charlton County, Georgia?

You can use the Sierra Club Action to ask Chemours to disavow any interest in that Twin Pines Minerals mine or site.
https://act.sierraclub.org/actions/Georgia?actionId=AR0326624

Georgia Governor Brian Kemp welcomed yet another Chemours mine to Georgia just last fall, yet the day before these two events he refused to state an opinion on the proposed mine next to the Okefenokee Swamp. You can ask him to speak up against it, by using the Waterkeeper Alliance Action Alert, which will send a message to the Georgia Environmental Protection Division (GA-EPD) and Georgia elected officials asking them to reject the permit applications for that site.
https://wwals.net/?p=55092

[Map of mines on Trail Ridge, Twin Pines Minerals, Chemours]
Map of mines on Trail Ridge, Twin Pines Minerals, Chemours

The Twin Pines Minerals proposed mine site is in the middle right of this map, barely southeast of the Swamp, south of Chemours Mission Mine North and Mission Mine South in Georgia, and north of a string of Chemours mines in north Florida, with the new Chemours Trail Ridge South Mine indicated at the bottom end of that row.

Why would Chemours not be interested in a mine in the middle of Trail Ridge, where Twin Pines Minerals has said the mining is the most convenient? Continue reading