Category Archives: Law

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 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

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

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

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

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;
Refrain from a statutory delineation of navigable and non-navigable streams;
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;
Preserve the Georgia Outdoor Stewardship Program;
Urge the Department of Natural Resources to further publicize and fund new technologies that assist in tracking and resolving disputes on waterways; and
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 →

Okefenokee National Wildlife Refuge to be Nominated to Join UNESCO World Heritage List –U.S. Department of the Interior 2024-12-20

After the U.S. Fish and Wildlife Service and Refuge staff and others did a lot of work, including much public input, the Interior Department has taken the next step towards getting the Okefenokee National Wildlife Refuge on the UNESCO World Heritage Site list.

Okefenokee NWR Nominated as UNESCO World Heritage Site, U.S. Department of the Interior, December 20, 2024

If approved by UNESCO, the Okefenokee will join its nearest neighbors, Everglades and Great Smokey Mountains National Parks in North Carolina and Florida, and Poverty Point Monumental Earthworks in Louisiana. Continue reading →

WWALS comment on Okefenokee NWR Expansion 2024-12-13

Update 2025-01-05: Okefenokee NWR Minor Acquisition Boundary Expansion approved by USFWS 2025-01-03.

Here is the letter I sent to USFWS yesterday. I have added some images and links for this web publication, plus a few extra paragraph breaks to fit the pictures. See also the PDF.

December 13, 2024

To: U.S. Fish and Wildlife Service
Okefenokee@fws.gov

Re: WWALS comment on Okefenokee NWR Expansion

Dear Fish and Wildlife Service,

Suwannee Riverkeeper for WWALS Watershed Coalition, Inc. (WWALS) files these comments in support of the proposed minor expansion of the acquisition boundary for the Okefenokee National Wildlife Refuge (ONWR).

I further recommend that the U.S. Fish and Wildlife Service, or the Department of Interior, or Congress, provide sufficient funds to make competitive offers to buy land.

WWALS Comments 2024-12-13, Proposed Minor Expansion of the Okefenokee, National Wildlife Refuge

I sympathize with concerns I have heard expressed by people living near the ONWR, perhaps most basically Continue reading →

Navigable Streams: Georgia House Study Committee in Newnan, GA 2024-11-13

Update 2024-12-27: Final Report: Georgia House Study Committee on Navigable Streams 2024-12-01.

The Georgia House Navigable Streams Committee is meeting in Newnan on Wednesday morning, November 13, 2024, after the Nahunta meeting a few weeks ago was cancelled due to Hurricane Helene aftermath.

Georgia House Study Committee on Navigable Streams in Newnan 2024-11-13: Law: Ownership, Property Rights; Passage: Recreation, Economy

Instead of a whole meeting, we get this item:

South Georgia Waterways Perspective (45 min.; holdover from cancelled Waycross meeting)

And this subject of the entire meeting:

Meeting #3: Utilizing Mechanisms to Increase Public Access to Waterways

We don’t need fancy mechanisms. We just need a Georgia navigability law that matches what people actually use waterways for these days: paddling, motoring, fishing, and swimming. That’s a substantial part of the outdoor economy and recreation.

So if you want to continue to be able to paddle or motor on your favorite stream, you may want to show up and speak, or send written input to your state representative. You can ask them for a 21st-century update to the 1863 Georgia navigability law.

Here is the meeting notice and agenda (local copy): Continue reading →

Audio: GA House Navigable Streams Committee postponed –Suwannee Riverkeeper on WKUB radio 2024-10-10

An old Civil War law in the way of paddling, motoring, fishing, and swimming, on WKUB radio from Blackshear, Pierce County, Georgia, starting at 1:10 in the audio:
https://wwals.net/pictures/2024-10-10–wkub-navigable/2000-thurs-am-news.mp3

A meeting of the Georgia House Navigable Streams Committee scheduled for Friday in Nahunta has been postponed due to the anticipated effects from Hurricane Milton.
It was set to take place at Strickland’s Lodge on the Satilla River in Nahunta.

Georgia House Navigable Streams Committee Postponed 2024-10-10 — Suwannee Riverkeeper on WKUB radio

That committee is currently taking public comment on the legislative efforts to name sections of some of the state’s 64 streams and rivers as navigable and open to the public for boating, fishing, and hunting.

Right now an old Civil War law prohibits a lot of that from happening.

Suwannee Riverkeeper John Quarterman, who was eager to see changes in the present laws, says that postponing the meeting was the right thing to do.

jsq: …which is all sensible, I think. I had thought of asking them, could you, at least, delay this? Because I’ve been asking county commission members and city council members, and naturally they’ve been telling me they’re kind of busy with still doing cleanup, and so this is a good thing, I think.
Continue reading →

Solar in Brooks County Town Hall 2024-09-12

Tomorrow (Thursday) at 6 PM at the Brooks County Courthouse is a Town Hall for the county to hear from citizens about solar power.

According to a Brooks County Attorney, “At this time there are no active applications for solar in Brooks County. There is a moratorium on solar applications until February of 2025 (unless extended).”

Which of course does not mean there are no applications ready to go in February 2025.

Solar in Brooks County, Town Hall 6 PM 2024-09-12, Brooks County Courthouse, 100 E. Screven St., Quitman, GA

Jason Kemp sent two responses yesterday to our open records request for presentation materials for the town hall and any board packet materials for preceding solar proposals in Brooks County. Continue reading →

Plug pulled on parks plan: protect Florida Parks from golf courses and hotels 2024-08-29

First they postponed the meetings for the attempt to put golf courses or pickleball courts in state parks.

And day before yesterday the Florida governor said “back to the drawing board.”

Plug Pulled on Park Plan, DeSantis claimed it leaked, Back to the drawing board, How about a bill to prevent it?
Photo: DOUGLAS R. CLIFFORD, Tampa Bay Times,
https://www.tampabay.com/news/florida-politics/2024/08/28/florida-desantis-state-parks-golf-course-hotel-pickleball-plan/

But don’t trust them. The same or different developers behind this attempt will be back again.

Since state legislators of both parties were opposed to this bad idea, there is talk of a bill to stop this from happening again.

That’s good, and how about a constitutional amendment for Right to Clean Water?
https://www.floridarighttocleanwater.org

None of the nine parks proposed this time are in the Suwannee River Basin. But if they happened, how long before somebody wants to put a golf course or a lodge at Suwannee River State Park, or Manatee Springs, or Ichetucknee Springs?

Alex Harris and Ana Ceballos, Miami Herald, August 29, 2024, DeSantis pulls plug on controversial state parks plan after public, political backlash, Continue reading →

Postponed: golf courses and hotels at Florida State Parks 2024-08-23

Well, that didn’t take long! Today, Florida Parks postponed their proposal to commercialize state parks, “due to overwhelming interest.”

Keep showing them your interest in this bad plan not happening. Don’t wait for the meetings; go ahead and tell them.

Follow this link for a handy form by Waterkeepers Florida to tell your statehouse delegation you don’t want these developments on top of vulnerable habitat and next to our waterways:
https://waterkeepersflorida.good.do/protectourparks/Email_State_Officials/

None of the current proposals are for parks in the Suwannee River Basin. But if these get implemented, they won’t stop.

Protect Florida Parks from Golf Courses, Hotels, apartments, Pickleball courts

According to Rachel Tucker, wfla.com, today, Meetings over controversial Florida state park plans rescheduled due to demand, Continue reading →

WWALS Watershed Coalition (WWALS) is Suwannee RIVERKEEPER®

A healthy watershed with clean, swimmable, fishable, drinkable water.