Category Archives: Law

Help Georgia stop titanium mine threatening Okefenokee Swamp –Dirty Dozen 2020, Georgia Water Coalition 2020-11-17

FOR IMMEDIATE RELEASE

Hahira, Georgia, November 17, 2020 — Once again, the Okefenokee Swamp features in the Georgia Water Coalition Dirty Dozen, “the worst offenses to Georgia’s water.” The Swamp and the Suwannee and St. Marys Rivers and the Floridan Aquifer are still threatened by a strip mine, but this time only Georgia can stop it, with your help.

Great Blue Heron, Suwannee River, Okefenokee Swamp, TPM mine site

Contact: This Okefenokee item was submitted by Suwannee Riverkeeper John S. Quarterman (229-242-0102, contact@suwanneeriverkeeper.org) and Georgia River Network Executive Director Rena Ann Peck, (404-395-6250, rena@garivers.org).

They also recently observed the mine site that threatens our ecosystems and drinking water for private profit.
Photo: John S. Quarterman, TPM mine site with ONWR on left

They met again that same weekend on the Suwannee River in the Okefenokee Swamp with forty paddlers, experiencing the fragile natural beauty that makes the Okefenokee National Wildlife Refuge a great economic benefit to both Georgia and Florida.

Photo: John S. Quarterman, Great Blue Heron flying, Suwannee River, Okefenokee Swamp, 2019-12-07

The entire text of the Okefenokee Dirty Dozen item is below. Also below is how you can help.

This year’s Dirty Dozen report includes the following: Continue reading →

Letter: WWALS to FDEP and SRWMD: acquisitions, invitations, withdrawals, water quality testing 2020-11-10

Sent yesterday afternoon after the morning SRWMD board meeting.

November 10, 2020

To: Noah Valenstein
Secretary, FDEP
Noah.Valenstein@floridadep.gov

Hugh Thomas
Executive Director, SRWMD
Hugh.Thomas@srwmd.org

Sen. Keith Perry
Perry.Keith@flsenate.gov

Cc: Scott R. Koons
E.D., Rivers Task Force
koons@ncfrpc.org

Re: land acquisitions, event invitations, water withdrawals, and water quality testing

Dear Secretary Valenstein, Director Thomas, and Sen. Perry,

This morning I spoke via gotowebinar in the SRWMD Board Meeting. This letter expands on what I said.

WWALS letter to FDEP and SRWMD
PDF

I offered compliments, a suggestion, and a recommendation on the FDEP press release of yesterday: Continue reading →

Accepted: WWALS FOIA to FERC on NFE Miami LNG export 2020-11-05

Update 2020-11-24: Extended two weeks: WWALS FOIA to FERC on NFE Miami LNG export 2020-11-23.

More than three weeks after we sent it, FERC acknowledged that the WWALS FOIA about the Miami LNG facility was “accepted” two weeks earlier, more than a week after we sent it.

We shall see whether the Federal Energy Regulatory Commission (FERC) has learned that Miami is not Puerto Rico. And whether FERC will follow the precedent it sent about Puerto Rico and send New Fortress Energy (NFE) a SHOW CAUSE Order for why NFE did not send a “Petition for Declaratory Orders” about the NFE Miami LNG facility. FERC has the power to shut down an LNG facility after the fact, for not following the law.

Meanwhile, FERC did not just refuse the FOIA request on its flimsy grounds of “non-jurisdiction.” See the WWALS FOIA request for more about that.

FERC 404
What you get if you follow the FOIA Public Liaison’s link to FERC’s FOIA request submission page.

Here is the “accepted” email: Continue reading →

SRWMD Board immune to conflicts of interest; Lands Committee buying many parcels 2020-11-10

SRWMD Board members are immune to conflicts of interest if companies they have contracts with or are employed by companies that have cost-share agreements with the District. Such agreements include at least one dairy; I don’t know whether any SRWMD Board members are involved in that.

The Lands Committee is buying up many parcels, which is probably a good thing.

Also, apparently Charles Keith is Treasurer now, not Richard Schwab. While they still only have six of nine board members. Wasn’t a seventh one appointed by the governor?

Conflict, Cost-Share, Land Purchases

There is nothing on the agenda about Nestlé or M-CORES, but that won’t stop anyone from talking about those things in Public Comments.

They meet 9AM Tuesday, 10 November, 2020. You can attend tomorrow morning’s meeting from anywhere. If you want to speak, you must sign up on the public comment form as well as for the webinar and the voice call-in number.

The Meeting will be conducted via GoTo Webinar for Presentations Only
GoTo Webinar Link: https://attendee.gotowebinar.com/register/2119912704840872974
Separate Call-In Number for Audio
Toll Free 1-888-585-9008 – Conference Room Number: 704-019-452 #
Public Comment Form Link: www.MySuwanneeRiver.com/Comments

The SRWMD Board and Lands Committee packets are on the WWALS website, along with images of each page. Continue reading →

Waterkeepers Florida Against FDEP Assumption of Army Corps CWA 404 permitting 2020-11-02

Waterkeepers Florida, representing all fourteen Waterkeepers of Florida, wrote to U.S. EPA and FDEP yesterday objecting to FDEP’s plan to take over water permitting from the Army Corps of Engineers. FDEP hasn’t even kept up with the responsibilities it has, and is in no way prepared to take on a much heavier load. Suwannee Riverkeeper voted for this letter, which was also signed by many other organizations, including OSFR and Paddle Florida.

Please vote today for people who will support clean water.

Opposition and Addendum Letters

The Florida Department of Environmental Protection (FDEP)’s list of waterways it plans to assume (see FDEP’s Appendix A) omits numerous navigable waterways previously listed by the U.S. Army Corps of Engineers. Checking all the Florida rivers that empty into the Gulf of Mexico, I found that most of them were included by FDEP, except not the Suwannee River or its tributaries (many creeks, Lake Santa Fe, and the Santa Fe, New, Ichetucknee, Alapaha, Alapahoochee, and Withlacoochee (north) Rivers), not the Withlacoochee (south) River nor its tributaries such as the Rainbow River, and not the Ochlockonee River nor its tributaries, such as Lake Talquin. I added 30 Suwannee River Basin waterways and 24 others to the Waterkeepers Florida list of missing waterways, which is the main subject of the Addendum letter (see PDF). The Addendum also contains copies of several letters previously sent to FDEP: an opposition letter similar to the one to EPA, a request for Public Hearings, and a request that online rulemaking hearings be discontinued until the pandemic allows holding them in person.

Opposition Letter

Here is a transcription of the letter to EPA. See also the PDF.

Don’t forget to vote for clean water. Continue reading →

Please vote for clean water and Yes on Georgia Amendment 1, 2020-11-03 2020-11-01

WWALS members already got our monthly Tannin Times newsletter via email. We’re posting this one, because its second page has many reasons to vote for clean water. Please vote for clean water on Election Day, if you have not already!

Georgians, don’t forget to vote Yes on Amendment 1.

Tannin Times, WWALS monthly newsletter PDF

November 2020 Tannin Times

WWALS Biota November 2020: Remembering biota past

In both Mesoamerican indigenous cultures and European Christian traditions, late autumn is a time when the dead are remembered, as seen in the Dia de los Muertos in Mexico and All Souls Day in many other western countries. It seems fitting, then, as November comes in and autumn is felt across the coastal plain, that we consider biota past.

Continue reading →

What stinks worse than a titanium mine too near the Okefenokee Swamp? Biomass plants in north Georgia

Should we assume a titanium mine started by the same people would be any better than the stinking biomass plants they started? You can ask the Georgia government to stop the mine that would be far too close to the Okefenokee Swamp. And don’t forget to vote for people who support clean air and water!

The “clean” wood-burning biomass plants in north Georgia stink so bad a chicken CAFO operator says he can smell it. So bad people working at the plant get sick with masks on. So bad local people say they were betrayed and a local government is suing. So bad it’s caused a fish kill in a nearby creek. So bad investors are suing. So bad it’s behind in its taxes.

Photo: Franklin Locality, Problem: GRP Pollution

So bad local people say no amount of jobs is worth it. One asks, “did you have anybody investigate the two companies that run that plant; had they ever had EPD/EPA violations, had they ever been sued or had formal complaints brought against them”? Well, many people investigated Twin Pines Minerals, LLC, and found TPM is under a Florida Consent Order for multiple violations just across the GA-FL line.

Yet the Charlton County, Georgia, Board of Commissioners passed a resolution in favor of that titanium mine. Maybe they should review that decision in light of this track record of another project by the same people.

Maybe GA-EPD should take all this into account while considering TPM’s five permit applications. And then reject those applications.

You can help by asking them to do so.

And don’t forget to vote for people who will protect our waters and people.

Lee Shearer, Athens Banner-Herald, 12 September 2015, Alabama company plans wood-burning electricity plants near Athens,

The EPD’s Air Quality Branch earlier this summer approved one of the two pollution permit applications filed by GreenFuels Holding Company of Birmingham for a 79 megawatt plant near the Franklin County town of Carnesville.

The company filed its application for a 58 megawatt plant near Colbert about two weeks ago. State officials won’t begin to evaluate it for another couple of weeks, until a 30-day window has passed when the public can make formal comments, said Eric Cornwell, the Air Quality Branch’s program manager for stationary source permitting.

GreenFuels has a policy to not comment publicly to media, said GreenFuels vice president Steven Ingle.

Yes, the same Steven Ingle who is president of Twin Pines Minerals LLC that already has equipment on its mine site within a few miles of the Okefenokee National Wildlife Refuge. But Ingle tells us that mine will be safe. Which is also what his biomass LLC told everybody.

Biomass has become the new coal, Continue reading →

FOIA to FERC on NFE Miami LNG export, not Puerto Rico 2020-09-28

Update 2020-11-09: FERC “accepted” our FOIA request a week later, and got around to telling us two more weeks later.

FERC can’t seem to tell Miami from Puerto Rico. So we’ve reminded them, and we’re waiting for a response to our second FOIA about NFE’s Miami LNG operation. Two weeks we’ve been waiting.

Miami, not Puerto Rico

Meanwhile, I went and voted for some people who, if elected, might help make the Federal Energy Regulatory Commission (FERC) accountable. You can, too. As an IRS 501(c)(3) nonprofit environmental charity, WWALS cannot tell you who to vote for. But we can ask you to go vote for people who will stop LNG and stop this sort of bureaucratic runaround.

Seeing FERC’s SHOW CAUSE order to New Fortress Energy (NFE) about NFE’s Puerto Rico Liquid Natural Gas (LNG) operations, we sent FERC a FOIA about any SHOW CAUSE from FERC or PETITION FOR DECLARATORY ORDER from NFE about NFE’s Miami LNG facility, which has been operational for years now with no authorization from FERC and not even a FERC docket.

FERC answered the same day, pointing us to the Puerto Rico SHOW CAUSE. We can only guess they didn’t bother to read as far as the word “Miami” in the Re: header of our September 28, 2020, FOIA letter.

Date: Mon, Sep 28, 2020 at 2:28 PM
Subject: FOLLOW UP – John Quarterman – PETITION FOR DECLARATORY ORDER – SHOW CAUSE ORDER – filed by New Fortress Energy, Miami, Florida
John Quarterman
Please be advised Continue reading →

U.S. Army Corps abdicates at Okefenokee Swamp, but titanium miners still need Georgia permits 2020-10-19

Update 2020-11-30: WWALS asks GA Gov. Kemp to stop strip mine near Okefenokee Swamp 2020-11-30.

Monday morning I heard from a mining source that the U.S. Army Corps of Engineers will soon announce that, due to federal rollback of the Waters of the U.S., the Corps no longer considers the streams next to the proposed mining site to be under Corps jurisdiction, even though they are far too near the Okefenokee Swamp.

Photo: Gretchen Quarterman, alligator in the Okefenokee Swamp

Twin Pines Minerals (TPM) lost no time announcing the next day that they intended to plow ahead. Molly Samuel, WABE, 20 October 2020, Proposed Mine Near Georgia’s Okefenokee Swamp Gets A Major Hurdle Removed.

But TPM admits they still need five Georgia permits. So let’s try to stop those.

As we’ve been saying for a long time, please write to state and federal regulators, to the Georgia governor and the Georgia DNR board, and to state and federal elected officials. See below for how.

Also, there’s an election going on. As an IRS 501(c)(3) educational nonprofit, WWALS can’t tell you what candidate or party to vote for. But we can ask you to vote for the environment.

If the Okefenokee Swamp, which is the headwaters of the Suwannee and St. Marys Rivers, is not protected, what is? If you live in south Georgia or north Florida, your drinking water probably comes from the Floridan Aquifer or groundwater above it, all of which can be adversely affected by strip mining or other pollution.

Please vote for the environment.

Georgians, don’t forget to vote for Amendment 1 while you’re voting.

Russ Bynum, Associated Press, 21 October 2020, Trump environmental rollback spurs mining near Georgia’s Okefenokee Swamp.

The Army Corps reassessed certain wetlands at Twin Pines’ request after Trump’s new clean-water rules took effect in June. The agency confirmed Tuesday that, under the rules change, the tract would no longer require a federal permit.

“This property now has Continue reading →

Please vote Yes on Georgia Constitutional Amendment 1: dedicate fees to their stated purpose

Update 2020-11-18: Landslide Yes on Georgia Amendment 1 to dedicate trust funds!

Update 2020-10-07: On Steve Nichols radio show, with video.

Don’t you think taxes and fees charged by a state should go to the purposes the state said they would? Well, in Georgia, many such funds have been mostly diverted to the general fund, and then who knows where. You can vote in this election to stop that: vote Yes on Amendment 1.

Six cities and counties for Amendment 1: Adel, Hahira, and Valdosta, Atkinson, Lanier, and Lowndes Counties.

For example, the state of Georgia charges a fee on every tire sold, with funds supposed to go to cleaning up old tires and other waste management. Yet more than $50 million of those funds have been diverted to other purposes. It’s not just tires. Other examples of diverted funds include ones for indigent defense and judicial programs, peace officer training, and teen driver training.

There is no organized opposition to Amendment 1. Pretty much the only opposition stated during passage of the authorizing bill was about being able to use funds during an emergency. The bill explicitly allows that. The bill passed the Georgia Senate unanimously and the House with only one vote against.

Organized support for Amendment 1 includes six cities and counties in the Suwannee River Basin: the cities of Hahira, Valdosta, Adel, and Atkinson, Lanier, and Lowndes Counties, each of which passed a resolution in January 2019 in support of the bill that authorized putting Amendment 1 on the ballot for 2020. Also, the Valdosta Daily Times supported it in an editorial. WWALS supports Amendment 1, as do, so far as we know, all the Riverkeepers of Georgia.

Amendment 1 on the ballot

This is how Amendment 1 appears on the ballot:

Shall the Constitution of Georgia be amended so as to authorize the General Assembly to dedicate revenues derived from fees or taxes to the public purpose for which such fees or taxes were intended?
( ) YES
( ) NO

Please vote YES.

Addition to Georgia law

Below is the text that Amendment 1, when approved, will add to subparagraph (r)(1) to paragraph VI in section 9 of Article III of the Georgia state constitution: Continue reading →

WWALS Watershed Coalition (WWALS) is Suwannee RIVERKEEPER®

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