Category Archives: Law

Protect Florida Parks from golf courses and hotels 2024-08-23

Update 2024-08-23: Postponed “due to overwhelming interest.” Keep overwhelming them!

This Tuesday, August 27, 2024, Florida Parks will hold eight public tellings about building golf courses, hotels, or pickleball courts in nine public parks.

None of those nine are in the Suwannee River Basin. But if they happen, how long until there’s a plan for a golf course in Suwannee River State Park? Or a “lodge” at Ichetucknee Springs or Manatee Spring?

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/

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

The nine are: Continue reading →

Georgia House Navigable Streams Study Committee 2024-08-15

Update 2024-09-25: Georgia House Navigable Streams Committee in Nahunta 2024-10-11.

Update 2024-08-15: The livestream is here:
https://www.legis.ga.gov/schedule/house/AQIARgAAAxpEc5CqZhHNm8gAqgAvxFoJAGeQLC1kSDdIixjC7EHFmfIAAAJaYAAAANZQGGA2fqFiaHBHrewZqJ2eET4ABFxyjiQAAAAuAAADGkRzkKpmEc2byACqACGGA2fEWgMAZ5AsLWRIN0iLGMLsQcWZ8gAAAlpgAAAA

A new Georgia House Study Committee was established March 28, 2024, on the fraught issue of navigability of waterways: HOUSE STUDY COMMITTEE ON NAVIGABLE STREAMS AND RELATED MATTERS.

Maybe you’d like to contact your statehouse member before the meeting, since there seems to be no opportunity for public input during the meeting.

[New Navigable Streams Georgia House Studay Committee 2024-08-15: Ownership, Property Rights, Recreation, Economy]
New Navigable Streams Georgia House Studay Committee 2024-08-15: Ownership, Property Rights, Recreation, Economy

About the House Study Committee on Navigable Streams and Related Matters

Continue reading →

Help keep paddle access to Georgia rivers 2024-07-22

Update 2024-08-09: Georgia House Navigable Streams Study Committee 2024-08-15.

The Georgia legislature is trying to define which creeks and rivers are navigable. They are using an antique law to do so.

You can help keep Georgia rivers and creeks navigable by logging your river trips here:
https://survey123.arcgis.com/share/32bc9531a62e4c83971b162a58eb25f2

The goal of this mapping project is to document the upstream extent of recreational descents on as many Georgia rivers as possible. Paddlers documenting their descents through this survey could help protect access to streams for generations to come. We encourage paddlers to submit their earliest and farthest upstream descent on as many rivers as possible.

[Help keep paddle access to Georgia rivers, Contact your statehouse members, Record your paddle outings]
Help keep paddle access to Georgia rivers, Contact your statehouse members, Record your paddle outings

Maybe you’d also like to explain to the Georgia statehouse that the 1863 definition of navigable is outdated: “is capable of transporting boats loaded with freight in the regular course of trade either for the whole or a part of the year.”

Nowadays we fish, paddle, and motor in forms of recreational commerce that were not common in 1863.

Here is one way to contact your Georgia state legislators:
https://action.outdooralliance.org/a/protect-the-publics-right-to-paddle-in-georgia_7_24 Continue reading →

Federal Railroad Administration 281-page FOIA response on FECR LNG by Rail request 2024-06-07

Update 2024-07-01: LNG by Rail on FECR through Martin County, according to FRA –Cecile Scofield to Martin County, FL BOCC 2024-06-18.

For years we’ve been trying to FOIA information from FRA about FECR’s project to ship liquid natural gas (LNG) by rail through densely-populated areas. After four months, two FOIAs, and further correspondence, we finally got quite a bit.

It confirms in detail much of what Cecile Scofield has been saying for years. LNG liquefaction plants and the railroad are owned by the same company, and there are safety concerns about their plan to ship LNG by rail up and down Florida to export to the world and by land across the U.S.

Yet many important safety details were redacted.

[Fortress Investment Group (FIG) affiliates exporting LNG to the world: Florida East Coast Railway (FECR) and New Fortress Energy (NFE)]
Fortress Investment Group (FIG) affiliates exporting LNG to the world: Florida East Coast Railway (FECR) and New Fortress Energy (NFE)

FECR’s plan is to ship LNG up and down Florida, out through ports from Miami to Jacksonville, and to ship it all over the U.S. Continue reading →

Valdosta sewage on Madison County Commission agenda 2024-04-24

It’s the last item, under NEW BUSINESS:

  1. Discussion Regarding Valdosta Sewage Spill and Compliance with Consent Order — Commissioner Waldrep.

That’s at the Madison County Commission Regular Meeting, Wednesday, April 24, 2024, at 6:00 PM in the Courthouse Annex, 229 SW Pinckney St., Room 107, Madison, Florida.

[Valdosta sewage at Madison County Commission, Commissioner Donnie Waldrep 2024-04-24]
Valdosta sewage at Madison County Commission, Commissioner Donnie Waldrep 2024-04-24

According to Valdosta Mayor Scott James Matheson just now, “Wastewater, Engineering and City Manager meeting is 9:15 Tuesday morning to discuss increased capacity options.”

I asked if the public is invited. He answered, “No, I will report results to you….”

Valdosta is working hard on upgrading its dilapidated sewer system infrastructure, using local taxes and a Georgia state loan. They’ve spent more than $100 million dollars already.

Valdosta was pretty timely in telling the public about its nine other recent sewage spills.

But Continue reading →

Permit application deficiencies; water modeling, monitoring, and management, mercury, spills, slimes, Florida –WWALS to GA-EPD, TPM TiO2 mining 2024-04-09

Here are the WWALS comments sent to GA-EPD yesterday against the proposed titanium dioxide mine too near the Okefenokee Swamp.

Thanks to all who also sent comments to the Georgia Environmental Protection Division (GA-EPD) during the 60-day comment period.

[Application deficiencies in TPM TiO2 mining permits: Modeling, mercury, spills, slimes, Florida --WWALS to GA-EPD 2024-04-09]
Application deficiencies in TPM TiO2 mining permits: Modeling, mercury, spills, slimes, Florida –WWALS to GA-EPD 2024-04-09

Next, we wait for GA-EPD to read all the comments. Supposedly they have to reply to all questions in those comments.

Most likely then GA-EPD will issue the actual permits. Then lawsuits start flying.

If I am not mistaken, you can still send comments to TwinPines.Comment@dnr.ga.gov. They won’t be considered part of the 60-day comment period, but they will go into the public record, retrievable via an open records request, and usable in lawsuits.

The WWALS Comment

See also PDF. Continue reading →

Help oppose bad Georgia bills HB 1146 rich man’s water system, HB 1172 river trespass, and SB 132 fake Okefenokee moratorium 2024-03-25

Update 2024-03-27: Last days to oppose GA HB 1146, the rich private water system bill 2024-03-27.

Help stop the Georgia legislature from passing bad bills in a rush before it ends Wednesday.

[Help oppose bad Georgia bills HB 1146 rich man's water system, HB 1172 river trespass, and SB 132 fake Okefenokee moratorium]
Help oppose bad Georgia bills HB 1146 rich man’s water system, HB 1172 river trespass, and SB 132 fake Okefenokee moratorium

The former fake dragline mining moratorium that failed got pasted onto another bill, SB 132. Although you cannot even see the current text on the Georgia legislature web page, this slapped-in bill still has too many restrictions on appeals and would do nothing to stop the currently proposed mine or any other mine using different mining methods.

Here’s how to contact your Georgia Senate member:
https://wwals.net/about/elected-officials/georgia-senate/

Here’s how to contact your Georgia House member:
https://wwals.net/about/elected-officials/georgia-house/

Floridians, please ask your Georgia friends and relatives to do this.

HB 1172 says people can boat or fish on “navigable” rivers, but doesn’t say they can step ashore, even if they capsize. The previous poorly-fashioned bill to define navigable did not pass, so HB 1172 would also leave the possibility of streams long used for boating and fishing getting closed off by private property owners according to Georgia’s antiquated 1863 definition of navigable. Also, removing any mention of the public trust doctrine is not a good idea. Continue reading →

Okefenokee webinar, resolutions, bills, Suwannee River paddle

This Thursday, join us online at noon by zoom for Okefenokee Swamp over proposed strip mine —Emily Floore, WWALS Webinar 2024-03-21.
https://wwals.net/?p=64219

This Saturday at 9AM, join us to see what we’re protecting, immediately downstream of the Okefenokee National Wildlife Refuge (ONWR), Suwannee River Wilderness Paddle, Griffis Fish Camp to Fargo 2024-03-23.
https://wwals.net/?p=64423

[Okefenokee webinar, resolutions, bills, Suwannee River paddle]
Okefenokee webinar, resolutions, bills, Suwannee River paddle

Meanwhile, things are heating up against the proposal by Twin Pines Minerals, LLC (TPM) to strip mine for titanium dioxide (TiO2) within three miles of the ONWR.

The Georgia Environmental Protection Division (GA-EPD) issued Continue reading →

Atkinson County, GA, resolution for the Okefenokee Swamp against the strip mine 2024-03-14

Thanks to the Atkinson County Commissioners for passing this resolution unanimously Thursday evening. We will get a signed copy soon.

[Atkinson County Commission and Resolution for the Okefenokee Swamp against the Twin Pines Minerals Strip Mine]
Atkinson County Commission and Resolution for the Okefenokee Swamp against the Twin Pines Minerals Strip Mine

Shirley Kokidko, who lives in Pearson, the county seat, said a few words. I gave the shortest speech ever, “We could speak for half an hour. But if the Okefenokee Swamp isn’t worth protecting, what is?”

As they voted, they said things such as, “this would affect our fishing.”

A Commissioner sought me out in the parking lot afterwards to remark, “This is our heritage, our way of life.”

After Berrien County, plus the city of Nashville, this is the second county on the Alapaha River to pass such a resolution.

It is the fifth sixth such resolution in Georgia state Senate District 8, after Valdosta, Ware County and Waycross, Clinch, and Echols Counties. Maybe Senator Russ Goodman will be interested in that.

Berrien County and the city of Nashville are in Continue reading →

Petition: Right to Clean Water, Florida, for 2026 ballot 2024-03-08

Hot off the Florida state authentication process!

Florida registered voters, please sign and circulate the petition for a state constitutional amendment for a right to clean and healthy waters (RTCW).

You can get it here, or from
https://www.floridarighttocleanwater.org/

Or from WWALS and Suwannee Riverkeeper at any festival or outing, such as Valdosta Azalea Festival today. Yes, that festival is in Georgia, but many people from Florida attend.

[Four Florida rivers (Withlacoochee, Ichetucknee, Santa Fe, Suwannee), RTCW Petition and Full Text 2024-03-08]
Four Florida rivers (Withlacoochee, Ichetucknee, Santa Fe, Suwannee), RTCW Petition and Full Text 2024-03-08

With around a million signatures, RTCW will get on the ballot for 2026. The legislature and the governor do not have to approve it. The people do, and when it gets on the ballot and an overwhelming majority vote for it, it will immediately become law. Law that can be used to tilt the playing field that is currently way over towards developers and polluters. Law like has been used successfully in Pennsylvania and Montana to deal with water pollution, fracking, and climate change.

This RTCW petition is fundamentally different from the 2014 Amendment 1, Florida Water and Land Conservation Initiative. That ended up in Article X, along with many other well-meaning and good-sounding provisions in that and other Articles.

RTCW goes in Article I along with other basic rights such as religious freedom and freedom of speech. Not law like all the other well-meaning and good-sounding provisions in other articles of the constition.

Sure, the legislature can still try to pass laws to circumvent RTCW and state agencies can try not to implement it. But that will be harder with a fundamental right in Article I.

The RTCW amendment is long because it has been written by attorneys to avoid complications such as Continue reading →