Category Archives: Law

FERC cry of wolf delays mandate from DC Circuit Court 2018-01-07 2018-02-07

Court mandate delayed because of FERC crying wolf, even though Sabal Trail has been shut down most of the past six, now seven weeks. So the three little pigs get a temporary reprieve from the Big Bad Wolf of sun and wind power.

Gavin Bade, E&E News, Feb. 8, 2018, Court filings stave off Sabal Trail pipeline shutdown, for now,

But Wednesday came and went this week with no word from the court.

E&E reports that may be because judges need time to consider some last-minute filings in the case.

What are FERC and Sabal Trail so scared of? The wind and the sun:

‘Then I’ll huff, and I’ll puff, and I’ll blow your house in.’

So he huffed, and he puffed, and he blew his house in, and ate up the little pig.

Illustration In English Fairy Tales, Jacobs, J., 1895, via Boston Public Library, Three Little Pigs
Illustration for The Story of the Three Little Pigs, in English Fairy Tales, Joseph Jacobs, 1895 New York: Grosset & Dunlap (2nd edition?) Boston Public Library.

For the entire four years since the Sabal Trail pipeline was first announced in 2013, renewable energy has produced more new U.S. energy than natural gas, according to FERC’s own Office of Energy Projects Energy Infrastructure Update For December 2017. Those are the wolves Continue reading →

FERC cries wolf for Sabal Trail to DC Circuit Court 2018-01-06 2018-02-06

Update 2018-02-08: FERC cry of wolf delays mandate from DC Circuit Court 2018-01-07 2018-02-07.

Instead of answering Sabal Trail’s Friday cry of wolf by issuing new certificates yesterday, FERC instead took that cry to the DC Circuit Court, asking for a delay of today’s issue of a mandate.

FERC did not issue new certificates yesterday, and the Court did not issue a mandate today. Of course, today was merely the first day the Court could have issued a mandate, so we’ll see.

Don’t listen to FERC and Sabal Trail’s cries of wolf, Court! What’s really eating their pipelines is solar and wind power taking over the market.

Illustration by Francis Barlow Aesop's fable The Boy who Cried Wolf, called by him DE PASTORIS PUERO ET AGRICOLIS, 1687
The illustration by Francis Barlow Aesop’s fable “The Boy who Cried Wolf”, called by him DE PASTORIS PUERO ET AGRICOLIS, 1687

For the fourth year running, renewable energy has produced more new U.S. energy than natural gas, according to FERC’s own Office of Energy Projects Energy Infrastructure Update For December 2017. Four years means ever since the Sabal Trail pipeline was first announced in 2013. Those are the wolves after those poor pipeline Applicants: solar and wind power.

Gavin Bade, Utility Dive, Feb. 6, 2018, FERC asks DC Circuit to delay issuing order to halt Sabal Trail pipeline, Continue reading →

Florida fracking ban passes Senate Committee, needs to move in House 2018-02-07

One of our goals Wednesday in Tallahassee was accomplished: the fracking ban is moving in the Florida statehouse! You can help: call your Florida state Representative or Senator and ask them to vote for the fracking bills. If you don’t know who they are, you can use Florida’s Find Your Legislators.

Gale Dickert, ban fracking, Sen. Montfords office
Photo: John S. Quarterman for WWALS, Tallahassee, 2018-01-31. Do Gale Dickert and these people look like they’re going to give up easily?

Monday SB 462 was uananimously approved by the Senate Environmental Preservation and Conservation Committee, thank you Committee Chair Senator Rob Bradley, whom many people intensively lobbied last Wednesday to schedule a vote in that committee. The indefatigable Continue reading →

Profit is not an emergency; Sabal Trail is crying wolf 2016-02-05

Profit is not an emergency, say landowners to FERC:

Sabal Trail hopes to cry wolf to get relief. No Emergency exists to warrant the relief they seek. No shortage or national energy crisis exists to warrant the relief that they seek.

Like WWALS and Sierra Club, GBA Associates point out the pipeline has been shut down much of the past six weeks. Like Sierra Club, the landowners cite federal law that requires at least thirty days after an Environmental Impact Statement (EIS) before issuing certificates, referring to the so-called Final Supplemental Environmental Impact Statement (FSEIS) FERC filed yesterday after the WWALS motion to deny the Applicants’ cry of wolf.

Attorney Jonathan P. Waters cuts to the chase:

As the Circuit Court stated, “All of these pipelines, of course, are being built for a reason: to make a profit for their shareholders, and their shareholders’ shareholders.” This is the fact driving the Sabal motion.

Style, Letter

Less than two weeks ago, Sabal Trail partner and thus Applicant for the so-called “emergency” relief, Spectra Energy’s new owner Enbridge Energy of Alberta, Canada, told its shareholders and the public in a Quarterly Earnings Call that Enbridge is “the leading developer and operator of wind, solar, and battery storage projects.” While praising solar and wind power at length, that Earnings Call mentioned Sabal Trail only once, yet managed to contradict the public record twice in that one sentence.

Clearly FERC would be doing a favor to Enbridge’s shareholders by Continue reading →

FERC rubberstamps FSEIS, FPL backstops, GA Rep Debbie Buckner and Sierra Club object 2018-02-05

In less than three hours since I submitted the WWALS motion to deny Sabal Trail’s sketchy request for emergency certificates, four more major filings appeared: FERC rubberstamped a Final Supplemental Environmental Impact Statement (FSEIS), FPL cheered on the so-called emergency request, Georgia State Rep. Debbie Buckner objected, and Sierra Club objected. Sabal Trail said it best:

The Commission should decline the Applicants’ invitation to subvert the Court’s determination that the Project cannot operate pending compliance with NEPA.

Cover page, FSEIS

FERC rubberstamps Final Supplemental Environmental Impact Statement (FSEIS)

Continue reading →

WWALS Motion for FERC to reject Sabal Trail et al. request for reissued or emergency certificates 2018-02-05

FOR IMMEDIATE RELEASE

Hahira, GA, February 5, 2018 — Suwannee Riverkeeper objects to Sabal Trail’s last-minute Request to make an end run around an impending mandate from the D.C. Circuit Court that could shut that pipeline down. Granting the Applicants’ Request for reissued or emergency certificates would amount to the same kind of “multi-billion dollar bailout” that FERC recently rejected for the failing coal and nuclear industries, this time targeted at the natural gas industry. The Applicants for that Request claim need for the pipeline, yet they cite themselves for evidence, in a massive conflict of interest, with internal contradictions, and replete with conflicts with other sources deriving from some of those same Applicants.

WWALS Motion for FERC to reject Sabal Trail et al. request for reissued or emergency certificates, Filing

If, as U.S. Secretary of State Rex Tillerson recently said in Warsaw, Poland, the Nord Stream 2 pipeline being built by Russian gas giant Gazprom PJSC is “undermining Europe’s overall energy stability and security,” and Europe should seek to diversify energy supplies, the same applies to the Sabal Trail natural gas pipeline Canadian gas giant Enbridge is now seven months late building through the U.S. Southeast. The Sunshine State already gets 60% of its electricity from existing pipelines, and it should get on with solar power.

The Applicants listed in Friday’s Request are Continue reading →

Emergency! Cries Sabal Trail 2018-02-02

Desperately seeking loopholes, at 4:58 PM today on a Friday, Sabal Trail claimed “Applicants would face irreparable financial harm,” which is pretty rich for the company that stuck the Bell Brothers with $47,000 in Sabal Trail legal fees for fighting eminent domain from that same FERC certificate the DC Circuit Court is likely to void next week.

Emergency,

It wants to “avoid the irreparable impacts of a system shutdown,” says the company that destroyed world-record-holding soybean farmer Randy Dowdy’s soybean fields. As Randy Dowdy said last May, and Sabal Trail’s own reports then say they have done nothing to correct:

“We’ve got loss of production for the future that will take not my lifetime, Continue reading →

Reclaiming Florida’s Future, Tallahassee 2018-01-31

We visited every Florida statehouse member who represents any part of the Suwannee River Basin, Wednesday in Tallahasse, we the people attending ReThink Energy Florida’s event.

Banner, thanks Kristin Rubin, Waller Park
Suwannee Riverkeeper Banner in Waller Park; thanks Kristin Rubin.

And a primary goal of that lobbying was achieved: the fracking ban bill is sheduled for a committee vote Monday.

When: 4:30 PM – 6PM, Monday, February 5, 2018

Where: Mallory Horne Committee Room, 37 Senate Office Building,
400 Monroe Street, Tallahassee, Florida

Event: facebook.

Stand with us and Continue reading →

Court rebukes Sabal Trail in pivotal case, may shut it down next week 2018-02-01

Yesterday FERC rubberstamped Sabal Trail’s five-month construction delay, but that same day the DC Circuit Court rejected all arguments by FERC and the pipeline company, and could mandate vacating the pipeline’s permit next week. Meanwhile, Sabal Trail already has been shut down, shipping mostly zero gas since mid-November, when it apparently lost one of its only two customers.

According to an industry publication the case by Sierra Club, Flint Riverkeeper, and Chattahoochee Riverkeeper is “the strongest legal rebuke of FERC’s oversight since the rush to build out natural gas pipelines began several years ago” and “a pivotal moment in the evolution of pipeline opposition and broader climate accountability.”

How much delay, lack of gas, loss of customers, and legal setback does it take for a pipeline’s financial backers to pull the plug? Reject, shut off, and revoke. Then go solar, like even Duke Energy is doing in Florida, starting with Hamilton County!

En banc rehearing, Orders
D.C. Circuit Court January 31, 2018, order denying petition for rehearing en banc.

Ellen M. Gilmer, E&E News, 1 February 2018, D.C. Circuit ruling could shut down pipeline, Continue reading →

Hotchkiss Road Landing, Old State Road, and Naylor Boat Ramp

Common question: isn’t Hotchkiss closed? Answer: the old Hotchkiss Landing in Lowndes County is closed, private, and don’t go there! Caution! But Hotchkiss Road Landing in Lanier County is open as always, do go there to get to the Alapaha River. Boat landing And there’s a new park at US 84, with a Naylor Boat Ramp being built by Lowndes County, as urged by WWALS.

600x450 Bret Wagenhorst, Dave Hetzel, Gretchen Quarterman, at Hotchkiss Road, in Alapaha River Outing, by John S. Quarterman, for WWALS.net, 24 August 2014
Bret Wagenhorst, Dave Hetzel, Gretchen Quarterman, at Hotchkiss Road (open, do go there Boat landing), in Alapaha River Outing, by John S. Quarterman, for WWALS.net, 24 August 2014.

Previously there was some discussion of using a different name for Hotchkiss Road Landing in the Alapaha River Water Trail, but then nobody would know what we were referring to, since that’s what it’s always been called, down at the end of Hotchkiss Road off of US 84.

For those relatively new to WWALS, WWALS was heavily involved in Continue reading →