Category Archives: Law

Four months later, GA-PSC still investigating AGL pipeline Homervile explosion 2018-12-11

Two more months have passed, so I called Bill Edge to ask about progress on the GA-PSC’s investigation of the August 17, 2018, Homerville coffeeshop explosion resulting from AGL pipeline gas. Answer: still investigating, because so many parties are involved, and everyone has attorneys and disclosures to negotiate. He is quite aware many people would like to see a report.

I thanked him sincerely for his organization following up on this incident. He said it was their statutory duty. I said keep up the good work.

Meanwhile, here’s an example of the type of thing to expect:

Whereas, AGL enters into this Settlement Agreement without admitting Continue reading →

WWALS to PHMSA: Sabal Trail Map and Hildreth Compressor Station Leak 2018-12-19

Sent today via email as PDF. -jsq

December 19 , 2018

To: Director James Urisko < James.Urisko@dot.gov >, 404-832-1150

Southern Region Office

PHMSA Office of Pipeline Safety

233 Peachtree Street NE, Suite 600

Atlanta, GA 30303

Cc: Community Liaisons:

James A. Kelly < James.Kelly@dot.gov >, 404-990-1848

Arthur Buff < Arthur.Buff@dot.gov >, 404-226-6153

Re: Sabal Trail Map and Hildreth Compressor Station Leak 2018-09-29

Dear Director Urisko,

On November 13, 2018, I sent you a list of sixteen questions about Sabal Trail’s leak at its Hildreth Compressor Station in Suwannee County, Florida, on September 29, 2018.

The only response I have received was Continue reading →

EPA considering abandoning Floridan Aquifer?

The new water rule EPA plans to propose may be much more about all our drinking water underground in Florida and south Georgia than about anybody’s private pond.

Stacey H. Mitchell, David H. Quigley and Bryan Williamson, Akin Gump Strauss Hauer & Feld LLP, 11 December 2018, United States: Dipping Its Toe In The Groundwater? Supreme Court Eyes Expedited Review For Clean Water Act Case,

Specifically, the Court aims to address a circuit split among the 4th, 5th and 9th Circuits in determining whether only direct discharges to “navigable waters” (rivers, lakes and other surface waters, for example) are covered or whether groundwater that is “hydrologically connected to surface water” is subject to Clean Water Act (CWA) pollution discharge requirements.2 Groundwater—that is, water held beneath the soil or in between rock structures—does not fall under CWA jurisdiction. Nevertheless, the U.S. Environmental Protection Agency (EPA), for many years, maintained that pollutants that flow with a direct and immediate hydrologic connection through groundwater into surface waters are properly regulated under the CWA.³ Environmentalists agree with EPA’s long-standing position, while many in industry say that the agency is reaching beyond its scope.

Surface water interchanges with groundwater all the time here in the southeast coastal plain, where we all drink with straws from the groundwater.

Figure from same USGS study as below.

This SCOTUS case appears to be related to the forthcoming EPA rule change proposal that has been all over the news lately. More from the same article: Continue reading →

Help stop sprawl in Marion County 2018-12-18

You can help protect the Rainbow River and the Withlacoochee (south) River this Tuesday. WWALS member Janet Barrow recommends:

Love Marion County? Want to keep what you love about it? Show up and support changes to the Comp Plan that will help curtail sprawl and add protections for our rural and conservation lands and waters, including protection from a toll road cutting through our area. Show up. Speak in support of the language to protect the Farmland Preservation Area and all areas to the south and west to the county lines (SW Marion County.)

When: 2PM, Tuesday, December 18, 2018

Where: Board of County Commissioners Auditorium
601 SE 25th Avenue
Ocala, Florida 34470

What: “The Marion County Board of County Commissioners to hold a Transmittal public hearing to consider the 2018 Evaluation and Appraisal Report based amendments to the Marion County Comprehensive Plan.”

Event: facebook

Photo: Jim Tatum, on WWALS Southwings flight, pilot Roy Zimmer, navigator Andrea Rea, 2017-02-07.

Marion County denied the AZ Ocala Ranch development and is Continue reading →

WWALS to PHMSA about Sabal Trail Hildreth Compressor Station Leak 2018-09-29

Update 2018-12-19: No answers a month later, so today we sent another inquiry today.

Sent today, as PDF. -jsq

November 13, 2018

To: Director James Urisko <James.Urisko@dot.gov>, 404-832-1150
Southern Region Office
PHMSA Office of Pipeline Safety
233 Peachtree Street NE, Suite 600
Atlanta, GA 30303

Cc: Community Liaisons:
James Kelly <James.Kelly@dot.gov>, 404-990-1848
Arthur Buff <Arthur.Buff@dot.gov>, 404-226-6153

Re: Sabal Trail Hildreth Compressor Station Leak 2018-09-29

Dear Director Urisko,

For more than 20 hours starting Saturday, September 29, 2018, the Sabal Trail interstate natural gas pipeline leaked “26.40516 MMscf” of “Non-odorized natural gas“ and “10,405.5 lbs” of “VOC” (presumably Volatile Organic Compounds) at its Hildreth Compressor Station in Suwannee County, Florida. A week later Sabal Trail filed a report with the Florida Department of Environmental Protection (FDEP), the text of which is appended to this letter.

I have several questions:

Why did Sabal Trail take more than a week to report this incident to FDEP?
Did Sabal Trail report this incident to PHMSA? If so, please send a copy of that report, or how to get it.
Has PHMSA filed a report about this incident? If so, please send a copy or how to get it.
Is PHMSA investigating this incident? If so, when will the investigation be complete? Are there any interim results or opportunities for public comment into the process?
Since Sabal Trail wrote “nothing in the yard caused alarms” and “Site is unmanned,” how did Sabal Trail discover this leak?
What changes has Sabal Trail put in place Continue reading →

Jury awards 33 times what Sabal Trail offered to Levy Co., FL landowner 2018-11-09

Update 2023-07-23: Levy County 3RT Sand Mine is in Springshed of Rainbow Springs 2023-07-23

If this isn’t what Sabal Trail was scared of back in September when they settled three jury trials in Valdosta, Georgia, it should have been.

Andrew Caplan, Gainesville Sun, 12 November 2018, Sabal Trail must pay Levy landowners $1.3M

A 12-member jury in Gainesville awarded Levy County residents Lee Thomas and his son, Ryan, more than $1.3 million for land that Sabal Trail built its pipeline on.

Sabal Trail Transmission was back in federal court in Friday to defend its controversial $3 billion project and the offers it made to a pair of landowners for uprooting and burying a natural gas pipeline on their property.

That didn’t go over so well.
Continue reading →

Pipeline Safety investigation of Homerville Explosion by GA-PSC 2018-11-05

What happened since the August 17th Homerville, GA coffee shop explosion resulting from a leak from an AGL natural gas pipeline, reported as far away as New Orleans, Louisiana and Atlanta, Georgia? The three women airlifted to Shands Hospital in Gainesville, Florida got skin grafts and are recovering, according to occasional updates by one of them on facebook. Let’s all be thankful for their continued recovery.

The Georgia Public Service Commission is investigating the explosion, which may be a good thing, considering this is what the federal Pipeline & Hazardous Materials Safety Administration (PHMSA) knows about that AGL pipeline in Clinch County:

PHMSA NPMS Public Viewer, Clinch County, Georgia, accessed 2018-11-05.

That’s right: PHMSA still doesn’t even show that pipeline exists, there’s no incident displayed, and apparently PHMSA’s map viewer no longer can even talk to google maps correctly.

Terry Richards, Valdosta Daily Times, 29 August 2018, PSC probing Homerville explosion, Continue reading →

All settled with Sabal Trail without jury 2018-09-13

FOR IMMEDIATE RELEASE

Valdosta, GA, September 13, 2018 — This morning two landowners from Moultrie, Colquitt County, Georgia, and the Bell brothers of a subject property in Mitchell County, Georgia, all settled with Sabal Trail Transmission about payment for easements for a 36-inch natural gas pipeline through their land.

Defendant Jeb Bell said afterwards,

I am extremely unhappy, but such is life.
We fought as good as we could for as long as we could.

The defendants’ attorney Jonathan P. Waters had no comment on the confidential settlement of these cases.

These cases were originally filed by Sabal Trail Transmission against Georgia landowners in March 2016, invoking federal eminent domain supplied to Sabal Trail by the Federal Energy Regulatory Commission (FERC) on February 2, 2016. The pipeline has since been built through the defendants’ land with no agreement and no payment.

Defendants’ Attorney Jonathan P. Waters

Judge Clay D. Land, Chief U.S. District Judge, Middle District of Georgia, told the jury afterwards Continue reading →

Sabal Trail Jury Trials Continue 2018-09-11

Update 2018-09-13: The outcome.

Attorney Jonathan P. Waters had some new questions this time for the same old Sabal Trail witnesses from last time. The trial continues this morning; see you there.

Gil Norman, Sabal Trail Right of Way Manager, who at $200,000 a year has made more than $1 million off of helping Sabal Trail get easements to “use as we see fit in our absolute discretion.“; Michael Fletcher, Engineering Specialist, who said Sabal Trail put thicker pipe on land that might be developed (so thinner on farmland) and pipe probably would have less top cover under dips between hills; and property appraiser Carl Schultz, who “summarized the summaries” of eleven papers, at least one paid for by a pipeline company.

And different defendants, pictured here going into the building yesterday morning.

Kenneth Gregory Isaacs, Atty Jonathan P. Waters, Daniel L. Dunn (GBA Associates), Hamilton Isaacs

Defendant Jeb Bell brought a 32-inch hoop to illustrate how big Sabal Trail is bigger than that at 36 inches).

When: Continuing 9AM Wednesday morning, September 12, 2018.

Where: Main Courtroom, Second Floor, U.S. District Court
401 N Patterson St., Valdosta, GA 31601

Sabal Trail Right of Way Manager Gil Norman attested that FERC could approve changing Continue reading →

Four Three Sabal Trail Jury Trials in Valdosta, GA 2018-09-10

Update 2018-09-13: The outcome.

Update 2018-09-12: The second day.

Update 2018-09-10: Gretchen Quarterman and Janet Barrow attended the jury selection this morning, and will report in detail this afternoon. One difference from last time is this time jurors were asked if they knew Randy Dowdy, Wavel Robinson, or Sandra Jones. Perhaps not coincidentally, FERC required Sabal Trail to report on topsoil mixing for all three. Jones is also the remaining eminent domain case not being tried this week. The other three actual trials, yes, all with the same jury, start this afternoon at 1:30 PM.

Update 2018-09-05: According to a usually reliable source the Jones trial will be in January, so that’s three trials next week. Also, all three trials will be heard by the same jury. Given that each of the defendants has a different kind of property, that sounds to me like the circus come to town.

You can come see four more eminent domain jury trials start next week in Valdosta, after Sabal Trail lost the first one. Jury selection will start 9AM Monday morning, September 10, 2018. The actual trials could start that afternoon, and may run all week. You can’t take much into the courtroom, but there’s a public sidewalk out front, and there will probably be a TV reporter there part of the time.

When: Jury selection 9AM Monday morning, September 10, 2018.
Trials could start that afternoon, and may run all week.