Category Archives: Law

Florida vote 2018-08-28

Floridians, please get out and vote today, and in November.

We are fortunate here in the Suwannee River Basin. We don’t have cyanobacteria blooming from glyphosate in our rivers with dead fish stinking tens of miles inland.

But we do have plenty of environmental problems. When you vote in the primary today (if you haven’t already voted early), and as you vote in the general election in November, you may want to ask yourself about each candidate, from city council to County Commissioner to school board to statehouse to statewide official to governor, and don’t forget judges:

Florida vote

  • Do they support banning fracking?
  • Do they oppose more phosphate mines?
  • Will they help stop fertilizer leaching into our springs and rivers, including getting financial and other support for the Basin Management Action Plans (BMAPs)?
  • Will they help us all find out how E. coli and fecal coliform are getting into our rivers and wells, and from where, by assisting in water quality monitoring, and will they then do something about it?
  • Will they hold accountable those who produced coal ash and get them to dispose of it responsibly?
  • Will they oppose fossil fuel pipelines, and do something about the safety of those that exist?
  • Will they help rein in the rogue agency FERC, including about oversight of liquid natural gas (LNG) export?
  • Will they help the Sunshine State get on with solar power, so that nobody has to be without power for weeks after a hurricane, and we can shut down more fossil fuel power plants and close some pipelines?

These are just some of the issues WWALS deals with all the time. You don’t have to know about all these issues; every one of them is important. You may have other environmental issues.

If you don’t know how the candidates stand on these issues, maybe you’d like to ask them before November. Still, some of them must have stated positions before the primary today.

Sure, the economy matters, but how many jobs do polluted springs and rivers bring? Do people come to Florida to smell rotting fish from their vacation or permanent homes? There is no economy without an environment, and water is the basis of it all, including public health.

Seven of us Waterkeepers of Florida met with FDEP last month:

…to express serious concern and a sense of urgency to protect and restore Florida’s rivers, coast, bays, estuaries, lakes, springs, and aquifer.

As demonstrated by Hurricane Irma, major storms deteriorate water quality, threaten human health, and undermine Florida’s economy. Absent more proactive action and investment in becoming more resilient, water quality protection, and adaptation efforts, Florida’s economy, environment, and public health will suffer.

We should all care about what is happening in south Florida. Obviously because those are people just like us who live there, not to mention the wildlife and the rest of the ecology, and what happens there affects the economy of the rest of Florida and the nation.

After Hurricane Irma, Lowndes County, Georgia, where I live, gained 100 new residents from Florida. (That’s right: Suwannee Riverkeeper lives in Georgia. Rivers can’t read; they don’t know somebody drew a state line on a map.) If the south Florida situation continues or gets worse, people will move north. Many of them will move to north Florida or south Georgia, further affecting our waters.

So don’t forget about candidates:

  • Do they support stopping the destruction of south Florida’s lakes, rivers, and coasts by fertilizer and pesticides from big agriculture and lawns?

As an IRS 501(c)(3) nonprofit charity, WWALS cannot support or oppose any specific candidate for office. But we can bring issues to your attention.

And we can say, please go vote, today and in November!

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

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

Spectra responds in pipeline certificate rulemaking 2018-08-24

As we’ve seen so often in the Sabal Trail docket, Spectra seems to be acting in place of FERC, responding yesterday to thousands of comments on FERC’s certificate rulemaking.

Spectra’s bottom line: a pipeline company’s bottom line matters more than the Fifth Amendment due process, or water, air, or safety. See page 25:

Contrary to some commenters’ arguments, the Commission’s public interest determinations are not rendered insufficient under the Fifth Amendment public use requirement because the Commission considers precedent agreements among applicants and affiliates to be evidence of public benefits.

Spectra repeatedly argues that FERC does not have authority to consider hardly anything other than whether the pipeline company has customers, yet FERC has authority to give eminent domain to private corporations and to let them gouge through our lands and under our rivers without local agreement or payment first.

Page 9: Tolling Orders, Pages

In this election year, you can ask every candidate for statehouse or Congress whether they support Continue reading

LNG export from Port Everglades and Jacksonville –Florida Bulldog 2018-08-22

Florida Bulldog reports on LNG exports right now from Fortress Energy’s Hialeah plant through Port Everglades via Florida East Coast Railway (FECR) through densely populated neighborhoods. The larger story includes FECR can export via Crowley Maritime from Jacksonville, and Pivotal LNG is already exporting LNG from Alabama and Georgia through JAX, arriving via truck down I-75 and I-10. Plus offshoot pipelines from Sabal Trail already go to both Jacksonville and Riviera Beach. Why should we let these corporations cash in on fracked methane now that solar power is already here?

A Crowley LNG export ship fueled by LNG.
An LNG export ship fueled by LNG. Image: Crowley Maritime; “An artist’s rendering of one of Crowley’s LNGfueled, combination container and roll-on/roll-off (ConRo) ships—El Coqui slated for delivery in 2017.”

Ann Henson Feltgen, Florida Bulldog.org, 22 August 2018, Despite ‘disaster risk,’ trains haul hazardous gas cargo in South Florida,

About the same time Florida East Coast Railway (FEC) executives were convincing Florida’s east coast cities and counties to back its idea of privately owned passenger trains traversing downtowns and densely populated neighborhoods, it quietly sought and won permission to haul extremely flammable liquified natural gas along the same tracks.

Liquefied natural gas (LNG) is a hazardous material Continue reading

Bob’s River Place variances 2018-08-14

The Bob’s River Place agenda item on the SRWMD agenda for August 14, 2018 turns out to be the latest in year-long series. Every time I’ve stopped by it’s been closed, so I have no dog in this fight. I’m merely presenting what I’ve dug up in a few minutes by following leads backwards. This agenda-and-minute trail is probably incomplete, but what I’ve found tells a tale about SRWMD granting permits, then receiving citizen complaints including about safety. After which it seems SRWMD discovered numerous structures and other features that had been operational for years, yet had not been permitted.

[Slip and slide ramp removed from permit application 2/5/2013 yet constructed 4/7/2017]
Slip and slide ramp removed from permit application 2/5/2013 yet constructed 4/7/2017
PDF

FAR 2018-01-17

Starting with the earliest mention I’ve found in this series and going forwards, Florida Administrative Register, Volume 44, Number 11, January 17, 2018, Continue reading

Packet, SRWMD Board, 2018-08-14

The many interesting items on the agenda for next Tuesday morning’s SRWMD board meeting in Live Oak, include a springs campaign discussion, water withdrawals, creek clearing in Bradford County, and the latest in a long-running series about Bob’s River Place in Dixie County.

When: 9AM Tuesday, August 14, 2018

Where: 9225 CR 49, Live Oak, FL 32060

See also the other post about Bob’s River Place.

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

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

FERC rubberstamps Sabal Trail time extension before filing it 2018-08-03

FERC filed its rubberstamp approval before filing Sabal Trail’s request for more time to finish its Suwannee County connection to FGT’s Jacksonville Expansion Project, which leads to Eagle LNG in Jacksonville, which can export liquid natural gas through Crowley Maritime. There’s no rubberstamp like the FERC rubberstamp.

FERC approval before Sabal Trail request, Docket CP15-17

FERC did delete the last “unpredictable” clause in this Sabal Trail sentence:

This coordination must occur while taking into account existing scheduled gas flows on each party’s respective system during the high demand of the summer cooling season, which makes the certainty by when this can occur unpredictable.

Since high seasonal demand has been touted as an excuse for this pipeline boondoggle, maybe FERC didn’t want to think about summer cooling season, “which makes the certainty by when this can occur unpredictable.”

We already saw last winter Sabal Trail couldn’t keep the gas flowing when it was so cold snow fell on Florida. Now Sabal Trail can’t finish construction because of summer heat.

You know what works find in the summer and winter sun? solar farms such as the one FPL is building right now 25 miles due north or that Duke already built about 55 miles northwest, both in Suwannee County, both by partners in Sabal Trail Transmission, LLC. Neither of those needed a FERC rubberstamp, because they didn’t need eminent domain. Continue reading

Benefits must outweigh harms –WWALS to FERC Re: Pipeline Certification NOI 2018-07-25

Here’s the WWALS response to FERC’s Notice of Inquiry (NOI) about “Certification of New Interstate Natural Gas Facilities”. A few excerpts:

FERC should approve no more pipelines without comparing not just coal plants to natural gas plants, but also comparing sun and wind power. If that means no more pipelines, so be it….

In one of the most egregious cases, Sabal Trail commenced construction on the land of the Bell Brothers in Mitchell County, Georgia, and when they countersued, Continue reading

Glick and LaFleur dissent again from a Spectra pipeline permit 2018-07-19

FERC just rubberstamped three pipelines before Commissioner Robert Powelson exits next month. Yet Commissioners Glick and LaFleur are still complaining every time about lack of use of Social Cost of Carbon to account for Greenhouse Gases (GHG). Those dissents started after Sierra Club won against FERC and Sabal Trail in the DC District Court on just that subject; recently FERC and Sabal Trail declined to appeal to the Supreme Court, thus admitting the pipeline company and its permitter lost that case.

Open Season, Maps
Open Season Maps, TX-LA Pipeline Project

Commissioner Cheryl LaFleur spelled out the connection in her dissent on Spectra’s Texas-Louisiana Markets Project:

I believe the fact pattern presented in this case, a pipeline designed to serve a specific known downstream powerplant, falls squarely within the precedent of Sierra Club v. FERC.1 Given that the majority’s analysis here suffers from the same flaws as its decision on remand in Sabal Trail,2 I respectfully dissent.

Commissioner Richard Glick in his dissent on the same pipeline also explicitly cited Sierra Club v. FERC (Sabal Trail) and went further about the specific underlying laws FERC is shirking:

“Today, the Commission issues a certificate to Texas Eastern Transmission, LP to construct and operate the Texas Industrial Market Expansion Project and the Louisiana Market Expansion Project (Projects), concluding that the Projects are required by the public convenience and necessity.1 The Commission also finds that the Projects will not have a significant effect on the environment.2 In reaching these conclusions, the Commission maintains that it need not consider the harm caused by the Projects’ contribution to climate change. The Commission’s refusal to do so falls well short of our obligations under the Natural Gas Act (NGA)3 and the National Environmental Policy Act (NEPA).4 Because I disagree with these conclusions and believe the Commission cannot find that the Projects are in the public interest without first considering the significance of the Projects’ contribution to climate change,5 I dissent in part from the Commission’s action today.

And yes, he really wrote “shirk”: Continue reading

Deadline for FERC rulemaking comments 2018-07-25

In addition to probably signing onto comments by a larger entity, WWALS is preparing comments for FERC in response to its Notice of Inquiry (NOI) about “Certification of New Interstate Natural Gas Facilities”. FERC’s current deadline is this Wednesday, 25 July 2018. Please send any suggestions you may have to wwalswatershed@gmail.com. Or file your own comments. Apologies for the late request.

Here’s what FERC has asked for:

In the NOI, the Commission sought input on whether, and if so how, the Commission should adjust: (1) its methodology for determining whether there is a need for a proposed project, including the Commission’s consideration of precedent agreements and contracts for service as evidence of such need; (2) its consideration of the potential exercise of eminent domain and of landowner interests related to a proposed project; and (3) its evaluation of the environmental impact of a proposed project. The Commission also sought input on whether there are specific changes the Commission could consider implementing to improve the efficiency and effectiveness of its certificate processes including pre-filing, post-filing, and post-order issuance.

South Georgia and north Florida
Sabal Trail through south Georgia and north Florida.
Map by Geology Prof. Can Denizman for WWALS.net, 17 September 2016, as part of Sabal Trail maps digitized.

Here are some relevant documents, starting with a how-to in case you want to file your own comments directly with FERC: Continue reading

FERC and Sabal Trail admit Sierra Club won 2018-07-03

One week after losing a jury trial in the U.S. Middle District Court of Georgia, the Sabal Trail fracked methane pipeline and its purveyor of federal eminent domain, the Federal Energy Regulatory Commission (FERC), declined to appeal their huge DC District Court loss of last August.

Sierra Club, Press Release, 3 July 2018, Fracked Gas Pipeline Company and Federal Regulator Will Not Seek Supreme Court Review of Landmark Ruling: Existing Decision Means FERC Must Consider Downstream Greenhouse Gas Emissions,

WASHINGTON, D.C. — Neither the builders of the fracked gas Sabal Trail Pipeline nor the Federal Energy Regulatory Commission (FERC) will ask the Supreme Court to review a landmark ruling by the U.S. Court of Appeals for the District of Columbia Circuit from last year. That decision required FERC to consider the effects of downstream greenhouse gases when deciding whether to approve proposed pipelines that transport gas.

In response, Sierra Club Staff Attorney Elly Benson released the following statement:

Elly Benson, Sierra Club Attorney
Elly Benson, Sierra Club Staff Attorney

“We are glad to see FERC accept its responsibility to consider greenhouse gas emissions from burning transported gas at downstream power plants. These dirty, dangerous, and unnecessary pipelines pose a threat to our communities and climate. They should not be proposed, much less built, at a time when clean, renewable energy sources are abundant and affordable. We will continue to monitor the pipeline permitting process to ensure the law is followed.”

The pipeline industry press was not thrilled. Charlie Passut, Natural Gas Intelligence, 5 July 2018, FERC Declines to Appeal Landmark GHG Case to Supreme Court, Continue reading