Category Archives: Law

Sabal Trail asks FERC to authorize turning on gas 2017-05-17

Sabal Trail has discovered the southeast has drought! That’s its excuse for not greening up its gouge across what it calls its “greenfield” route. Sabal Trail “will continue to be available” to address landowner concerns, as if they have addressed destroying Randy Dowdy’s world-record soybean fields. They claim they’ve resolved 271 of 279 landowner issues: as near as I can tell mostly by suing the landowners, like they did the Bell Brothers.

Revegetation and drought

Pipeline company chutzpah! Solar power would do this faster, cheaper, and cleaner: “Granting Sabal Trail’s request by May 26 will allow Sabal Trail to commence service promptly to FPL and will significantly increase the available supply of natural gas to the Southeastern United States during the heart of the peak summer cooling season.” More likely Sabal Trail wants to be in-service by the end of May to avoid forfeiting that $200 million bond required by FPL’s RFP.

Sabal Trail’s list of karst features doesn’t match its own Continue reading →

Sabal Trail sign installation at SRSP, 2017-05-19

Received Friday:

Today Sabal Trail workers were clearing underbrush and small trees on the bank of the Suwannee River where the pipeline is installed under the river to install a sign. I could not see what the sign said, the sign was on the ground with the words facing down.

Sign

Correct me if I am wrong, but didn’t STT say Continue reading →

People before profits: call your Senators today against S. 951 and for EPA

Please call your U.S. Senators today and ask them to oppose Senate Bill 951, the so-called Regulatory Accountability Act, which would actually obstruct enforcing regulations that protect our clean air and water. As Suwannee Riverkeeper among 121 U.S. Waterkeeper Members and Affiliates told the EPA yesterday, we need stronger protections against coal ash, unnecessary pipelines, and fracking, not less. Solar and wind power already employ more people than coal, oil, and gas combined, so there’s no economic reason to let the failing fossil fuel industry crimp our regulatory system like this, and every reason of drinking water, industry, recreation, and wildlife to keep it clean.

That’s 202-224-3121
Georgia: David Perdue and Johnny Isakson
Florida: Bill Nelson and Marco Rubio

S.951 Dont let Industry Hijack our Regulatory Process

Larissa Liebmann, Waterkeeper Alliance, 15 May 2017, Don’t let Industry Hijack our Regulatory Process! Continue reading →

Sabal Trail sinkholes 2015 2017-05-05

Apparently that wet area I saw March 20, 2017 at Sabal Trail’s Suwannee River HDD access in Suwannee County was a “depression” they had just logged the previous day. Two more recent ones show up in Sabal Trail’s latest bi-weekly report, along with a couple of earlier ones they still haven’t even attempted to fix. Why should we expect these sinkholes will stop happening if Sabal Trail finishes and takes all their workers back to Houston, leaving us to deal with the damage?

Hay, berm, lights, workers 30.4061111, -83.1527778 I also wondered what they were up to a bit southeast of that drill site, beyond the dirt berm where I could only see their heads and hats. Apparently that was another sinkhole from January at the Suwannee River HDD in Suwannee County. Or maybe it was in Hamilton County in Suwannee River State Park; their description is so sloppy it’s hard to tell.

They also made a sinkhole a couple of thousand feet east of the Withlacoochee River in Hamilton County, and yet another sinkhole near the Santa Fe River HDD. The big winner is Continue reading →

Videos: Coal Plant Public Hearing in Albany, GA 2017-05-04

You can still comment by tomorrow, Monday, May 8, 2017 on Georgia Power’s NIMBY plan for the coal ash it generated, to send it away from Plant Mitchell to local landfills, maybe yours.

Here are WWALS videos of the GA-EPD public hearing Thursday May 4, 2017 in Albany, GA, which we attended at the invitation of our neighbor Flint Riverkeeper Gordon Rogers, who said at the hearing he is lawyered up, and his attorney Chris Bowers of SELC also spoke.

Comment

You don’t have to hire an attorney; you can send in written comments by tomorrow, May 8, 2017, according to the the GA-EPD announcement of March 31, 2017: Continue reading →

Video: Pilgrim’s Pride effluent pipe directly into Suwannee River

With the Suwannee River low, you can see the effluent coming out of the pipe west of Live Oak, FL. Pilgrim’s Pride just rejected a shareholder resolution to curb water pollution from its operations. And Aviagen is opening a chicken breeding operation in Brooks County, GA, in the watershed of the Withlacoochee River, upstream of the Suwannee.


Pilgrim's Pride, Proud to Dump into Suwannee River? from Merrillee on Vimeo.
“Pilgrim’s Pride discharges over 2 million gallons a day of liquid poultry wastes in the Suwannee River from a meat rendering facility located north of Live Oak, FL.”

Thanks to Merrillee Malwitz-Jipson of Sierra Club for .this video, which she showed me, along with many pictures, when she was in Valdosta for the VDT interview with Randy Dowdy about Sabal Trail destroying his farmland.

I asked Merrillee whether Continue reading →

Coal Plant Public Hearing in Albany, GA 2017-05-04

Our neighbor Flint Riverkeeper Gordon Rogers requests people to come to Albany, GA for a coal ash public hearing. If you can’t go, please send in comments.

When: 7PM, Thursday, May 4, 2017

Where: Albany Technical College
Kirkland Conference Center
1704 S. Slappey Blvd.
Albany, GA 31701

What: Public Hearing about draft
National Pollutant Discharge Elimination System (NPDES) permit
for Georgia Power Company’s Plant Mitchell.

Why: It’s about coal ash.


Plant Mitchell (Georgia Power Co.) near Albany, GA 7/14/94. Photo courtesy of USGS. T.W. Hale, in Pamela P. Holliday, Sherpa Guides, unknown date, The Albany Levee: Trying to Tame the Flint.

Georgia Power proposed Continue reading →

Court suggests FERC is derelict of duty about pipelines including Sabal Trail

Two judges accused FERC of not doing its duty. At stake: shutting down Sabal Trail, and maybe reforming FERC, in oral arguments today on Sierra Club, Flint Riverkeeper, and Chattachoochee Riverkeeper v. Federal Energy Regulatory Commission, Case No. 16-1329 in the U.S. DC Court of Appeals.

Lena Moffit, Sierra Club Florida News, 18 April 2017, Sierra Club attorneys argue against Sabal Trail gas pipeline at DC Circuit Court of Appeals,

Judge [Judith W.] Rogers said at one point to the FERC lawyer, regarding their need to assess the full climate impacts of the project, “So, FERC just doesn’t have to do it’s duty because it thinks someone else will?”

Ellen M. Gilmer, E&E News, 18 April 2017, Judge slams FERC’s climate review,

[Judge Thomas B.] Griffith also appeared skeptical of FERC’s position, asking Continue reading →

Protests across Florida against Sabal Trail, which is worse than reporters think

It’s not just two connected pipelines; it’s at least five just in Florida. Audubon Florida did endorse Sabal Trail starting with FPL’s first announcement. And sure, Ms. Grover, your “safety programs are designed to prevent pipeline failures”, but they haven’t actually stopped numerous incidents of corrosion, leaks, explosions, and compressor station blowouts. Other than those things, it’s a pretty good story.

Beth Kassab and Kevin Spear, Orlando Sentinel, 2017-04-01, Gas pipeline across Central Florida brings cheap energy and protests,

The WWALS Watershed Coalition, which advocates for protection of Florida and Georgia rivers, has staunchly opposed nearly every aspect of Sabal Trail, which crosses under the Suwannee, Santa Fe and many other rivers.


South to Suwannee River, HDD Suwannee County, RoW with pipe already buried, 30.4117310, -83.1566490

Coalition spokesman John Quarterman called the pipeline a profit bonanza for private companies and a boondoggle for utility customers.

Well, I said it’s a boondoggle for the utility, namely FPL, at the expense of its customers. Here’s why I say that, including Continue reading →

Legal filing about Pilgrim’s Pride effluent into Suwannee River

Environment Florida filed a lawsuit 9 March 2017 against Pilgrim’s Pride about “effluents” into the Suwannee River, alleging a violation of a National Pollutant Discharge Elimination System (“NPDES”) permit, which is also a violation of the Clean Water Act (CWA). Case 3:17-cv-00272-TJC-JRK, U.S. District Court, Middle District of Florida Here is PDF of that legal complaint, sent to us by the plaintiff’s attorney.

Suwannee Riverkeeper is always glad to see legal action going on that we don’t have to do. Here are a few notes.

Pilgrim’s Pride goes to some trouble to treat and disinfect their wastewater at its plant on US 90 west of Live Oak in Suwannee County, and then:

  1. The wastewater discharged into the Suwannee River is also called the Plant’s “effluent.”
  2. Outfall D-001 is an 18-inch diameter steel pipe that extends approximately 20 feet from the shore and discharges into the Suwannee River.
  3. During the Suwannee River’s low flow periods, the pipe is not always completely submerged.
  4. During the Suwannee River’s low flow periods, the Plant’s effluent discharging from the pipe can be seen.

And the complaint alleges the effluent is not entirely clean.

What about the waste that is not liquid? Continue reading →