Category Archives: Law

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 →

Adel, GA, resolution, Withlacoochee and Little River Water Trail 2018-01-16

Thanks again to the City of Adel for Resolution #18-02 that they passed on January 16, 2018, in support of the Withlacoochee and Little River Water Trail.

Resolution and WLRWT Sign

Also in the big image above you see a new sign for the Withlacoochee and Little River Water Trail. More on that, later.

For now, note that the sign has the new City of Adel logo on it. That logo and the signed resolution are courtesy of City Clerk Rhonda P. Rowe.

Resolution

The text of the resolution we published at the time.

Here is a signed and executed copy. Continue reading →

Ordinances: Wood pellet plant, Adel, GA 2020-09-21

Thanks to Adel City Clerk Rhonda Rowe, here are the annexation and rezoning ordinances read on September 8. The second reading is this Monday, September 21, 2020, at 5:30 PM, at Adel City Hall. Presumably the Adel City Council will vote after the Public Hearing.

Ordinances and Application maps

The ordinances refer to exhibits which are in the application she also sent, from the Adel Adel Industrial Development Authority (AIDA), for this annexation and rezoning. We had actually already seen those in the staff report to the Planning Commission.

See the previous post for context. And see you there Monday evening. Continue reading →

Titusville LNG denied by PHMSA 2018-10-02

Two years later, PHMSA still lists New Fortress Energy’s Titusville LNG facilty as Denied.

The missing piece in NFE’s application? A “Draft Environmental Assessment (DEA)” with “site drawings, maps, and other supporting documents.”

Funny how when a liquid natural gas (LNG) facility has to submit these things, often it can’t.

With the LNG market overseas cratering, maybe this one will stay dead. But we must keep watch to be sure it does not reappear, zombie-like, right in the middle of Florida’s Atlantic coast, able to ship by truck and rail as far as Jacksonville and Miami, as well as overseas.

LNG–TITUSVILLE–PHMSA–LETTER-DENYING-APPLICATION–10.02.18-0001
PDF

The denial letter is Continue reading →

Wood pellet plant: speakers and documents @ Adel City Council 2020-09-08

Update 2020-09-11: fixed document and map links and added form for comments.

The Adel City Council had no questions after their Public Hearing on annexation and rezoning for a wood pellet plant, Tuesday, September 9, 2020, after thirty minutes of speakers for and against.

That was just the first reading. The second reading will be 5:30 PM, Monday, September 21, 2020, at Adel City Hall.

Maps and speakers, wood pellet plant, Adel City Council 2020-09-08

After the meeting I asked the City Manager, the City Clerk, and a couple of City Council members what maps and plans they had looked at. They all said they hadn’t seen any, and maybe I should talk to Economic Development. So I asked her, and she didn’t seem to indicate she’d seen any.

Yet there are maps and plans in the air permit application to GA-EPD, and others reviewed by the Planning Commission, which, as the City Manager pointed out during the meeting, issued a Public Notice of its public hearing on July 6, 2020. I don’t know why these state and county agencies have not published these documents, nor why the City of Adel has not. But those are public documents, so here they are (see Air Quality Permit maps and Planning Commission maps).

Below are videos by Lowndes Area Knowledge Exchange (LAKE) of the pellet plant part of the Adel City Council meeting. See also the agenda and the WWALS letter to the Adel City Council. See also some helpful documents by the Dogwood Alliance

And this handy Dogwood Alliance form to send a comment to the Adel City Counci l.

By the way, this kind of work does take time and effort, so feel free to contribute to WWALS. . Continue reading →

Adel agenda and WWALS letter 2020-09-08

Update 2020-09-11: Wood pellet plant: speakers and documents @ Adel City Council 2020-09-08.

Here is the agenda for tonight’s Adel City Council meeting:

Agenda, Adel City Council 2020-09-08
PDF

Since it can’t be any of the other items, apparently the wood pellet plant is:
5.B. ANNEXATION AND ZONING OF INDUSTRIAL AUTHORITY PROPERTY

I don’t see anything about any previous hearings, nor any of the maps, plans, etc. that usually accompany a rezoning.

You can still use the Dogwood Alliance Action Alert to send in a comment before tonight’s meeting.

Meanwhile, I sent Adel this letter, mostly about water trails:

WWALS to Adel, Water Trails and pellet plant 2020-09-08
PDF

For background, see Adel wood pellet plant sourcing radius: entire Suwannee River basin in Georgia 2020-09-08.

See you in Adel in about an hour and a half.

-jsq, John S. Quarterman, Suwannee RIVERKEEPER®

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

Adel wood pellet plant sourcing radius: entire Suwannee River basin in Georgia 2020-09-08

Update 2020-09-11: Wood pellet plant: speakers and documents @ Adel City Council 2020-09-08.

Update 2020-09-08: Adel agenda and WWALS letter 2020-09-08

If a company from Houston, Texas, gets its rezoning Tuesday at the Adel, Georgia, City Council, it could take trees from 75 miles around to turn into wood pellets to ship to Europe for burning for electricity. It takes 50 to 100 years for natural forest to regenerate completely. Meanwhile, rain on land without forest runs off faster, carries more sediment and pollution (pesticides, E. coli, etc.), damaging fishing and wildlife. Floods also become more likely.

You can help stop this biomass plant. Before 5:30 PM Tuesday, please, which is when the Adel City Council has this rezoning on its agenda.

Adel, GA, pellet plant sourcing radius (PDF)

That 75-mile sourcing radius around Adel would reach Tallahassee, Florida, and Albany, Georgia, as well as all of the Red Hills longleaf area around Thomasville. It would include all the Suwannee River Basin in Georgia: the Suwannee, Alapaha, Little, Withlacoochee, and Okapilco Rivers, from Fargo and most of the Okefenokee Swamp to Cordele in the north and Moultrie, Quitman, and Valdosta. As well as much of the Suwannee River Basin in Florida, include White Springs, Live Oak, Mayo, Jasper, and Madison. Plus the Ochlockonee and Aucilla Rivers and much of the Flint River on the west, and on the east most of the Satilla River and a bend of the Altamaha River.

This is an environmental justice issue because the plant will go in an African-American part of town and poor people are typically most adversely affected by deforestation.

When a local activist alerted me a few months ago to a proposed biomass plant in Adel, I pointed them to Vicki Weeks of the Dogwood Alliance. She has put together an Action Alert. Please follow that link to send your comment to the entire Adel City Council.

According to K.K. Synder, Georgia Trend, 31 July 2020, Adel | Cook County: Community in Motion,

Houston-based Renewable Biomass Group will construct Continue reading →

Special SRWMD Board meeting 2020-08-27

The Suwannee River Water Management District is holding a Governing Board meeting tomorrow (Thursday) morning, even though apparently Don Quincey’s term has expired, so they will not have a quorum.

Last year they already had an episode where the SRWMD could not approve a budget because of lack of a quorum, until the governor finally got around to appointing enough to have six of nine board slots filled.

Even before Quincey fell off, the board members for the most populous locations were vacant: Upper Suwannee Basin (including the Withlacoochee and Alapaha Rivers), Santa Fe and Waccassasa Basins, and Aucilla Basin.

At the last SRWMD meeting, the Chair told me that each board member represents the entire District. That’s a nice fantasy, but many people have not observed SRWMD to actually work like that.

Three Vacant Board Slots

On the SRWMD online calendar, Remote Audit Committee & Supplemental Governing Board Meeting,

Thursday, August 27, 2020
Those who would like to participate in the Governing Board meeting are able to register on GoTo Webinar at https://bit.ly/2FFwuy8. A confirmation email with a link to join the GoTo Webinar will be sent after registration. To join the webinar, click “Join Webinar” in the confirmation email that you receive after registration. For any members of the public who wish to call-in to listen to the meeting or provide public comment to the Governing Board, call-in at 1-888-585-9008, then enter conference room number 704-019-452. You will be able to hear the proceedings there. Please do not use speakerphone or put your phone on hold. Please be aware that your call will be muted automatically when you join the call-in number. During the conference call, the Chair will instruct the public when the time for public comment will be allowed. To unmute your line, please press *2 on your touch dial phone. Submit a public comment request prior to the meeting at www.srwmd.org/Comments.
Date: August 27, 2020
Time: 9:00 AM
Time Details: Governing Board Meeting to follow Audit Committee Meeting
Location: District Headquarters
Address: 9225 CR 49
Live Oak, FL 32060
Link: Webinar Registration Link

Remember that if you want to comment during the meeting you must sign up not only for the webinar, but also separately to make a comment.

I am hosting a large group of people at 9AM tomorrow, but if you can attend and comment, please do.

Thanks to Merrillee Malwitz-Jipson for the heads-up.