Category Archives: Law

AGL pipeline explosion settlement down to 10% on GA-PSC agenda tomorrow morning 2019-09-16 2019-09-17

Update 2019-09-17: Decision deferred for questions.

AGL has whittled GA-PSC staff’s recommended fine of $2,305,000.00 down to $250,000, on the theory that prevention is the goal, not punishment. This item is on GA-PSC’s agenda for 9AM tomorrow morning, September 16 17, 2019. There will be live stream of audio.

[5701 Quarterman Road]
AGL President Bryan Batson (in green shirt) at 5701 Quarterman Road, Lowndes County, Georgia

$110,000 of the settlement is to go to fire departments for gas detectors, plus $70,000 on water and sewer damage prevention educational programs, and $70,000 to the Georgia Pipeline Emergency Responder Initiative (GPERI). At least that $250,000 is 25 times the usual fine. And despite the usual disclaimers of no admission of fault, etc., there is this:

The stipulation states that AGL cannot recover any of the $250,000.00 through rates or by ratepayers. Additionally, if AGLC receives any tax benefits as a result of utilizing the money, all benefits must be passed on to ratepayers.

When Tom Krause, Public Information Office, GA-PSC, sent me these documents about noon today, he added:

As I said, the PSC is continuing investigations into the contractor and the City of Homerville regarding this incident.

Plus there are quite likely private lawsuits still pending.

GA-PSC composed “a list of the 85 fire departments within AGLC’s certificated territory that could receive the gas detectors.”

[Fire Department List Homerville AGL]
Fire Department List Homerville AGL
PDF

Curiously, while Hahira is on that list, Lowndes County is not, even though Continue reading

Deadline: today to comment to USACE against titanium mine near Okefenokee Swamp 2019-09-12

Please send your comments today to the Army Corps and GA-EPD against the proposed titanium mine far too near the Okefenokee Swamp, which is the headwaters of the Suwannee River.

How to Comment

Help Suwannee Riverkeeper save the Okefenokee Swamp
You can object to a titanium strip mine proposed far too near the Swamp.

Help Suwannee Riverkeeper Save the Okefenokee Swamp


GA-EPD had a public comment period open until March 20, 2023 on the Twin Pines Minerals Mining Land Use Plan.

You can still send a comment to the addreseses below, even though the comment period is over. You can comment from anywhere: not limited to Georgia.

Here is the Public Notice and the documents on which you need to comment.

You can email or paper mail your comments, or join one of two zoom webinars.

You can write to your Georgia state representative or senator or governor or lieutenant governor and ask them to refuse any such instrument.

Here's a convenient comment form by Georgia Water Coalition:
https://protectgeorgia.org/okefenokee/#/320/

Or to find your legislator you can type in your ZIP code here: http://openstates.org/find_your_legislator/

These are the Georgia state Senators with districts most involved with the Okefenokee Swamp:

  • GA Sen. Mike Hodges, District 3 District 003 Senator Mike Hodges (R-Brunswick), (404) 463-1309, (912) 464-1989, mike.hodges@senate.ga.gov (Charlton, Brantley, and east half of Ware Counties).
  • GA Sen. Russ Goodman, District 8 District 008, Senator Russ Goodman (R-Homerville), (404) 463-1318, 912-218-0447, russ.goodman@senate.ga.gov, rustingoodman@gmail.com, (Lowndes, Lanier, Echols, Clinch, Atkinson, and west half of Ware Counties).

These are the Georgia state Representatives with districts most involved:

  • John Corbett, House District 174 174, John Corbett, R - Lake Park, (404) 656-5105, john.corbett@house.ga.gov, Charlton, Brantley, south half of Ware, Clinch, Echols, east third of Lowndes Counties.
  • Steven Sainz, House District 180 180, Steven Sainz, R - Woodbine, (404) 657-1803, steven.sainz@house.ga.gov, Camden and part of Glynn Counties: no Suwannee River Basin Counties after recent redistricting.
  • James Burchett, House District 176 176, James Burchett, R - Waycross, 404-656-5105, Suite 1318, james.burchett@house.ga.gov, southwest Coffee, Atkinson, Lanier, and northeast Lowndes Counties
  • Dexter Sharper, House District 177 177, Dexter Sharper, D - Valdosta, 404.656.0126, dexter.sharper@house.ga.gov, Lowndes County

You can also write to your U.S. Representative or Senator and ask them to urge the Corps to take back up its oversight of the mine site. See former letter from former Rep. Al Lawson (FL-05).

For the requested Georgia state permit regarding Section 401 of the Clean Water Act, you can send a comment or request for public hearing to
Stephen Wiedl, Wetlands Unit, stephen.wiedl@dnr.ga.gov
Georgia Department of Natural Resources, Environmental Protection Division, Water Protection Branch, 7 Martin Luther King, Jr. Drive, Atlanta, Georgia 30334.
Be sure to mention Applicant: Twin Pines Minerals, LLC, Application Number: SAS-2018-00554.

For the Georgia Coastal Management Program certification, you can send a comment to
Federal Consistency Coordinator, Ecological Services Section, Coastal Resources Division,
Georgia Department of Natural Resources, One Conservation Way, Brunswick, Georgia 31523-9600
Telephone 912-264-7218.

You can also write to the Georgia DNR board, asking them to refuse any such instrument.
Georgia Board of Natural Resources
2 Martin Luther King Jr. Drive, SE, Suite 1252, Atlanta, GA 30334

To submit a letter to the editor of the Charlton County Herald, you can email editor@charltonherald.com.
Or write to your local newspaper.
You can also contact radio, TV, and of course post on social media.

More than 12,000 people have already commented. You can, too.

[Signs]
Photo: John S. Quarterman, before 2019-08-13 TPM meeting. L-r: Mark Lyons of Citizens Against Phosphate Mining, Alice Keyes of One Hundred Miles, Hilda Gilchrist of Our Santa Fe River (OSFR), Jim Tatum of OSFR and WWALS, Rena Peck Stricker of Georgia River Network, Mike Roth and Kristin Rubin of OSFR and WWALS, John S. Quarterman, Suwannee Riverkeeper, Merillee Malwitz-Jipson of OSFR and WWALS

Here’s why.

Julia Widmann, Waterkeeper Alliance, 23 August 2019, Suwannee Riverkeeper Fights to Protect Okefenokee Swamp from Titanium Strip Mine,

Twin Pines Minerals, LLC (TPM), an Alabama-based mining company, applied for permits from the U.S. Army Corps of Engineers and the Georgia Department of Environmental Protection to mine for titanium near the Okefenokee National Wildlife Refuge, which is the headwaters of the Suwannee and St. Marys Rivers in Southern Georgia. The Suwannee flows south through Florida to the Gulf of Mexico, and the St. Marys becomes the border between Georgia and Florida on its way to the Atlantic.

John was quoted in the first news story about the mine, by Emily Jones of Georgia Public Broadcasting on July 15, “The most obvious thing that we really need is a real environmental impact statement. All we have so far is, ‘this is what the applicant said.’”

Both Suwannee Riverkeeper and Southern Environmental Law Center have prepared comments which will go in went in today. If your organization wants to sign on, please contact me ASAP, at contact@suwanneeriverkeeper.org send in your own comments saying you support the Suwannee Riverkeeper comments.

Or you can just send in your own comments directly. Doesn’t have to be long. A sentence will do.

Much more about the proposed mine is here:
wwals.net/issues/titanium-mining/

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

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

Nobody needs Nestle water bottles from our river and spring water –Suwannee Riverkeeper on RT.com 2019-08-29

RT carried a surprisingly long objection to Nestlé’s water withdrawals from Suwannee Riverkeeper John S. Quarterman, interviewed via skype from London on Wednesday, posted Thursday.

[No need for water in plastic bottles]
No need for water in plastic bottles

Remember to send your comment to the Suwannee River Water Management District (SRWMD) asking them to deny Nestlé’s request to withdraw more water from the Santa Fe River at Ginnie Springs.

RT, YouTube, 29 August 2019, Nestle seeks to extract millions of liters of water from Florida’s ‘fragile’ Santa Fe river, Continue reading

Brooks County landowners challenge NextEra solar exception 2019-08-29

Clearcutting of upland forests, due process failures at the public hearing, spot zoning, violations of local ordinances, and failure to adhere to the Brooks County’s own Comprehensive Plan are among the grounds on which landowners are going to sue to overturn the Commission’s unanimous decision at the beginning of August to approve a Special Exception for NextEra Energy of Juno Beach, Florida, to build a 150 megawatt solar farm on wooded wetlands.

[Movie: No jury trial, but unanimous approval (1110M)]
Brooks County Commission hearing NextEra won’t agree to any jury trial, yet unanimously approving NextEra’s Special Exception, 2019-08-05

Here is the press release from their attorney, Jonathan Perry Waters of Macon, Georgia (see also PDF).

FOR IMMEDIATE RELEASE

August 29, 2019

LANDOWNERS CHALLENGE SOLAR EXCEPTION

Quitman, Georgia— August 29, 2019 — On Monday of this week, Brooks County Superior Court Judge Richard Cowart signed a Sanction for a Writ of Certiorari allowing a group of landowners in Brooks County to file a petition in the Superior Court of the County challenging the granting of a Special Exception Zoning permit by the Brooks County Board of Commissioners to Quitman II Solar, LLC to construct a 1,700 acre solar site in the an Agricultural Zoned area of the County. Quitman II Solar, LLC, is a wholly owned subsidiary of NextEra Energy, of Juno Beach, Florida.

Continue reading

Need EIS, public hearings –Okefenokee Swamp Park to USACE about titanium mine 2019-08-22

Excellent comments from Okefenokee Swamp Park, requesting at least three public hearings by the Army Corps, plus independent research, in addition to a full Environmental Impact Statement. When I received them from Dr. Clark last night, he asked me to circulate them widely; see also PDF.

[About OSP]
About OSP

Continue reading

No more promiscious issuance of water withdrawal permits to Nestle –Suwannee Riverkeeper in The Independent, U.K. 2019-08-26

“Suwannee Riverkeeper is opposed to continued promiscuous issuance of permits to withdraw water from the Floridan Aquifer, which is already overtaxed and sinking. The Suwannee River Water Management District not only should reject Nestle’s application to withdraw water from the Santa Fe River at Ginnie Springs; it should also revisit Nestle’s permit to withdraw water from the Withlacoochee River at Madison Blue Spring.”

That’s what I told a reporter yesterday, and SRWMD does have statutory authority to revoke permits in addition to refusing new ones. You can tell SRWMD these things.

[BLUE SPRING, MADISON COUNTY, FL]
Photo: John S. Quarterman for WWALS. Note “BLUE SPRING, MADISON, COUNTY FL” and “NESTLE WATERS NORTH AMERICA INC., STAMFORD, CT 06902”. Why should a Swiss company with North American headquarters in Connecticut get to take our water for free and pollute our waterways with its plastic bottles?

Lily Puckett, The Independent, 26 August 2019, Nestle attempts to to pump 1.1m gallons of water per day from fragile US spring: The water system has been officially “in recovery” for years, Continue reading

Charlton County Resolution supporting the proposed titanium mine near the Okefenokee 2019-08-15

This is the resolution passed Thursday week before last by the Charlton County Commission, collected today from the County Clerk.

You can still comment to the U.S. Army Corps of Engineers, which actually has authority over the mine permit application.

[Twin Pines Materials, LLC]
Twin Pines Materials, LLC

BOARD OF COMMISSIONERS
CHARLTON COUNTY, GEORGIA
PROCLAMATION OF SUPPORT OF
TWIN PINE MATERIALS, LLC

WHEREAS, the Charlton County Board of Commissioners is the governing authority of Charlton County, Georgia;

WHEREAS, economic development and quality, Continue reading

Charlton County Commission passed resolution supporting titanium mine near Okefenokee Swamp 2019-08-15

Causing outrage from the packed house, the Charlton County Commission refused Thursday to let anyone speak who did not live in the county or own land there. This was after the Commission unanimously passed a resolution supporting the proposed titanium mine, without any public hearing and with citizens at all permitted to speak beforehand. The resolution apparently says it depends on the miners getting permits, and Charlton County does not decide on those permits. The opposition is now even more determined to stop those permits by the U.S. Army Corps of Engineers (USACE) and the state of Georgia. You, too, can comment to USACE and GA-EPD by the current deadline of September 12, 2019.

[Signs]
Photo: John S. Quarterman, before 2019-08-13 TPM meeting. L-r: Mark Lyons of Citizens Against Phosphate Mining, Alice Keyes of One Hundred Miles, Hilda Gilchrist of Our Santa Fe River (OSFR), Jim Tatum of OSFR and WWALS, Rena Peck Stricker of Georgia River Network, Mike Roth and Kristin Rubin of OSFR and WWALS, John S. Quarterman, Suwannee Riverkeeper, Merillee Malwitz-Jipson of OSFR and WWALS.

The Charlton County Commission’s public speaking rule is indeed new, since the previous month Continue reading

Speakers, NextEra Quitman Solar II, Brooks County, GA 2019-08-05

The speakers against NextEra’s 150 megawatt Quitman II Solar on wooded wetlands were many and eloquent, from the very directly affected Brian Duck surrounded by solar panels to the strategic NextEra’s deadlines are not our deadlines, to the philosophical: Chad Stipe on Heritage and values, and Abigail Pope Sowell on care of the earth as our most pleasing responsibility.


      Surrounded by solar panels --Brian Duck
Brian Duck in the wheelchair on the left, about to tell the Commission how he is surrounded by NextEra’s proposed solar panels.

The speakers for let out some stunners, such as Deer will just move –Corey Haines, Biologist, Trees and roads no concern –Atty. Jonathan E. Wells, and Cancel out my wife –George Wallace.

My favorite was the allegedly impartial Daniel Geller of UGA who claimed Georgians import all our energy. I rebutted this by noting my 15 kilowatts of solar panels on my farm workshop, before telling the Commissioners some things they may not have known, about FPL in Florida and Sabal Trail burning in Quitman. Opposition attorney Waters also got Gellar to explicitly say he was not speaking for UGA.

Compliments to the Brooks County Commission for letting everybody who wanted to speak, with no restrictions on where they could be from (unlike Charlton County). There were, however, some irregularities: Continue reading

Swamp more important than miners under Consent Order in Florida

A resolution supporting the TPM mine is on the agenda for the Charlton County Commission meeting, 6PM this Thursday, August 15, 2019, 68 Kingsland Drive, Folkston, GA. Especially if you live in Charlston County, please go to that meeting and object. Even better, contact your County Commissioner before the meeting.

[Suwannee Riverkeeper op-ed 2019-08-13]
Suwannee Riverkeeper op-ed 2019-08-13

Suwannee Riverkeeper op-ed in the Charlton County Herald, yesterday, August 13, 2019:

Swamp more important than miners under Consent Order in Florida

Twin Pines Minerals (TPM) promises jobs, taxes, and low impact to mine for titanium between Moniac and St. George, on property that extends up to the Okefenokee NWR.

People from Baker, Bradford, and Union Counties, Florida, say they don’t know any locals who have the mine jobs promised by Chemours. The TPM application for Charlton County promises Continue reading