Category Archives: Law

Kaithleen Hernandez waiting for her case

Starts at 9am, Suwanee County Courthouse

Rescheduled; details here.

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

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

Kaithleen Hernandez case in Suwannee County Courthouse 8AM Thursday 2817-07-27

While many Sabal Trail pipeline protesters’ charges have been dropped, at least one, Kaithleen Hernandez, has a court date this Thursday morning, 8AM, at Suwannee County Courthouse in Live Oak, Florida. She says, “We are not outnumbered, we are just outorganized.”

When: 8AM Thursday, July 27, 2017

Where: Suwannee County Courthouse, 200 S Ohio Ave, Live Oak, FL

Event: Probation case against Kaithleen Hernandez

Suwannee County Courthouse
Photo: Ebyabe, Dual-licensed under the GFDL and CC-By-SA-2.5

Kaithleen Hernandez was arrested in 16 January 2017 at Continue reading

Videos: Surprise phosphate mining discussion at Bradford County, FL BOCC 2017-07-20

The regular attendees said there would be no fireworks this time. Yet it was a very interesting meeting, especially once the County Attorney asked for scheduling a date to select the consulting engineer about the phosphate mine. The Commissioners and staff discussed August 8 in the morning or August 17 in the evening. Public comment preferred the latter. The County Attorney strongly advised they go ahead and decide when so there will be plenty of time to advertise it. The decision: Thursday evening, August 17, 2017.

Below are links to each WWALS video, followed by a video playlist. See also the agenda.

News coverage of charges dropped against Sabal Trail protesters

From Martin County, FL to Charlotte, NC, news stories related to the WWALS PR of 16 July 2017. Some protesters still have court cases pending; more on that later.

Bruce Ritchie, Politico, 17 July 2017,

Charges dropped against some North Florida gas pipeline protesters,

On Monday, the State Attorney’s Office in Gainesville said charges had been dropped against 11 and that one case remained pending while two others entered pleas of no contest. The charges were dropped because of insufficient evidence to sustain a conviction, said Jeanne M. Singer, chief assistant state attorney.

The WWALS Watershed Coalition, which opposed the pipeline, issued a news release announcing that the charges had been dropped and criticizing police for the arrests.

“These exaggerated charges were intended to Continue reading

Florida Drops All Charges Against the 14 Gilchrist County Sabal Trail Protesters

FOR IMMEDIATE RELEASE

Florida Drops All Charges Against the 14 Gilchrist County Sabal Trail Protesters

Valdosta, July 17, 2017 — Eight months after she and a dozen other people were unnecessarily arrested for holding signs on a public road, WWALS member Cindy Noel reports:

“All charges against those who protested the Sabal Trail Pipeline in Gilchrist County, Florida, on November, 12, 2016, have now been dropped, except for those who were intimidated into accepting plea bargains. Karrie Ford, Jodi Wheeler, Panagioti Tsolkas, Cindy Noel, Allie McDaniel, Alayna Erhard, Felicia Sobieski, Jordan Lacie, Josh Weber, and Nicole Williams were all facing Felony Trespassing on a Construction Site and Disorderly Conduct charges for speaking out against the Sabal Trail Pipeline. The reason cited by the State of Florida when it filed its NOLLE PROSEQUI action was “Insufficient Evidence to Sustain a Prosecution.”

Standing protesters and water truck
Photo: Cindy Noel. Left to right: David Hensley, Josh Birmingham, Michael Roth (not arrested, left early), Jodi Wheeler, Alayna Erhard, Stephan Barron, Karrie Ford, Felicia Sobieski, Allie McDaniel, Josh Weber, Jordan Lacie, Nicole Williams

“These exaggerated charges were intended to Continue reading

SRWMD kept money from Florida for “routinely anticipated budget shortfalls”

Where does the buck stop for these “routinely anticipated budget shortfalls”? Who let a budget include those? Isn’t the point of a budget to, well, budget for what’s needed? Or, given the history of deliberate downsizing of environmental agencies in Florida, maybe shortfalls were the point.

Noah Valenstein
Noah Valenstein got the job as secretary of the Department of Environmental Protection on Tuesday May 23rd, on a unanimous vote by Gov. Rick Scott and the Cabinet. His previous job? Executive director of the Suwannee River Water Management District, which was flagged by state auditors for $22.5 million in “questionable costs”. The audit covered the time Valenstein led the district. He oversees the district in his new job. [Special to the Times]

Mary Ellen Klas, Miami Herald-Times Tallahassee Bureau, 14 July 2017, Auditors find millions in ‘questionable costs’ at water district,

Weak budgetary controls led to $22.5 million in “questionable costs,” auditors found. Officials had transferred $13.3 million of it into the district’s operating account without proper authority. They may have overspent some areas of the budget and directed money to other areas to make up for shortfalls. They set aside $3.8 million “in the event of an economic crisis” without authorization, and they steered $1.7 million “to cover routinely anticipated budget shortfalls” without explanation.

Contingency funds, sure, but “routinely anticipated”? And in an economic crisis, wouldn’t it be the legislature that should be authorizing funds?

Auditors concluded that accounts were “misclassified because district personnel misunderstood” standard accounting requirements and budget staff members were “somewhat new to the process” so they couldn’t explain how and why it happened.

That is what happens when a state massively defunds its environmental agencies and makes political tests and servicing economic development more important than competence. The article goes into that, rightly pointing a finger repeatedly at Governor Rick Scott, who said “ensuring that Florida’s precious water resources are protected and managed in the most fiscally responsible way possible” while:

The five districts, whose boards are appointed by the governor and operate under the oversight of the Department of Environmental Protection, were purged of hundreds of veteran professionals, and budgets were cut in half. They continued cutting their budgets through 2016. Suwannee, because of its small size, had proportionally fewer cuts.

The article discusses and quotes SRWMD staff, with some pretty amusing tidbits, including this one from “Roary E. Snider, the district’s chief of staff”, who

also disputed the auditor’s claim they don’t have documentation. “While we absolutely will provide these records, these documents were largely in hard copy,” Snider said. “Staff couldn’t assemble these additional records in time.”

SRWMD staff don’t know how to use a scanner? Or they didn’t know where they put those paper documents? Or maybe the dog ate them.

The article even quotes Eric Draper of Audubon Florida about “problems we’ve seen at the Suwannee River district with the change of leadership over the years,”. If Audubon Florida “works closely with the water management districts”, what did Audubon Florida know, when did they know it, and why are they only speaking up now?

The actual audit report lists on page 2:

Executive Director
Noah Valenstein from October 13, 2015
Carlos Herd, Interim, from May 14, 2015, to October 12, 2015
Dr. Ann B. Shortelle to May 13, 2015

The article mentions that:

The district is overseen by the Florida Department of Environmental Protection, which is now headed by Noah Valenstein. His last job was executive director of the Suwannee River WMD during the time the audit was underway.

Guess which fox the foxhouse is turning to for assistance:

The district said it would turn to the Department of Environmental Protection for advice on how to resolve the dispute over whether money is owed to the state.

“DEP has communicated with staff at the Suwannee River Water Management District, and they have informed us that they are reviewing accounting and land acquisition records for additional information,” said Lauren Engel, spokesperson for Valenstein.

“If it is determined that these funds should be returned to DEP, they would go to the trust fund from which the funding was issued, however, DEP would require spending authority from the legislature to use it.”

This is the same Noah Valenstein who told me shortly after he was appointed to SRWMD that he believes that Florida law requires him and SRWMD to provide water resources for economic development. Maybe he should have paid more attention to making sure the economic resources of the District were properly organized.

The Miami Times-Herald story as carried by tbo.com (Tampa Bay Times) has a bit more pointed headline and picture caption (see top of this blog post), Auditors find millions in ‘questionable costs’ at water district, but will it matter? Continue reading

Charges dropped against Gilchrist County Sabal Trail protestors 2017-07-14

Eight months after she was arrested for holding a sign on a public road right of way, Cindy Noel learned today the charges have been dropped by the state for “INSUFFICIENT EVIDENCE TO SUSTAIN A CONVICTION”:

Case Action Report: Nole Prosequi

I asked Cindy if she minded if I blog this. She answered: Continue reading

Support the Clean Water Act for our rivers and aquifer

This Fourth of July holiday, you can help promote continued independence of clean water by opposing the EPA’s attempt to repeal the Clean Water Rule and then undermine the Clean Water Act. FLoridians in the seven counties that have asked the EPA to do something about Valdosta’s wastewater: here’s your chance to make sure the EPA can still do anything. Georgians who don’t want coal ash in landfills or industrial waste in our waters: you can help save the Clean Water Act. Everybody in the Suwannee River Basin: the water we drink from the Floridan Aquifer interchanges with surface waters, and we need the EPA to help protect all those waters.

How to Comment

Continue reading

Clean water is a fundamental right –Delaware Riverkeeper Network vindicated in court

Courts in other states should affirm or institute the “sea-change” the Pennsylvania Supreme Court just upheld:

PEDF vs. Pennsylvania, J-35-2016 “…the people’s rights to clean water and air and the preservation of a healthy environment are on par with our other fundamental rights and freedoms…”

Delaware Riverkeeper Network, press release, 20 June 2017, Pennsylvania Supreme Court Upholds Constitutional Environmental Rights in Milestone Case,

Delaware Riverkeeper Network [logo]

For Immediate Release
June 20, 2017

Contact: Jordan Yeager, Attorney, Curtin and Heefner Law Firm, 267.898.0570
Maya van Rossum, the Delaware Riverkeeper, 215.369.1188 x 102

Pennsylvania Supreme Court Upholds Constitutional Environmental Rights in Milestone Case

Continue reading

Florida may require licensing of paddle boats and boards

Here’s a bad idea that doesn’t seem to die: making people pay to register non-motorized boats in Florida.

Kevin Spear, Orlando Sentinel, 29 January 2017, Florida may require licensing for kayaks, canoes, paddle boards,

USCG Vessel ID Sticker
No registration or permit needed for this U.S. Coast Guard Vessel ID Sticker

A citizens panel assembled by state-boating authorities will meet in Orlando on Wednesday to explore what could become a path to adopting registration and fees for small boats powered by humans, wind and currents.

“That sounds like Continue reading