Category Archives: Law

Atkinson County passes resolution against Georgia state fee diversions 2018-01-18

Chairman Lace Futch had a few words about my grandfather and a few questions, then he asked me to read the BE IT RESOLVED part to the Atkinson County Commissioners. They voted unanimously for the resolution to ask the Georgia state legislature to stop diversion of state fees, Thursday January 18, 2018. WWALS Board Member and Atkinson County resident Shirley Kokidko had asked for it to be on the agenda, and she thanked the Commissioners at the end of the meeting for passing it.

See also the resolutions previously passed by Lanier County 2018-01-08 and the City of Adel 2018-01-16.

Reading, Commission
Photo: Atkinson County Commission by John S. Quarterman for WWALS 2018-01-18.

Text of the Resolution

Continue reading →

Adel passes Withlacoochee and Little River Water Trail resolution 2018-01-16

Update 2020-10-01: Signed and executed copy.

Thanks, City of Adel, for passing this resolution last Tuesday! The next BIG Little River Paddle Race at Reed Bingham State Park will be April 28, 2018, pending final approval by GA DNR. Meanwhile, come paddle with WWALS from Hagan Bridge (GA 122) to Franklinville on the Withlacoochee River, February 11, 2018.

[Under the cypress]
Photo: Phil Hubbard, Under Reed Bingham State Park cypress at the 2017 BIG Little River Paddle Race.

Text of the resolution (see also PDF)

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Same Excuse: FERC rubberstamps PennEast like Sabal Trail 2018-01-19

Precedent agreements for 90+% of the pipeline’s capacity was FERC’s excuse for PennEast yesterday, the same as for Sabal Trail two years ago. Yet Sabal Trail apparently already lost 4/7 of its supposedly solid customer base and is not even shipping any gas. Even a dissenting FERC Commissioner spelled out that such shaky “need” does not justify environmental damage nor invasion of property rights through federal eminent domain. Sure, Commissioner LaFleur, we should trust PennEast with the Delaware River like FERC told us to trust Sabal “Sinkhole” Trail about the Suwannee River?

FERC Commissioner Richard Glick On New Year’s Day Sabal Trail removed Duke Energy Florida (DEF) from its customer index. On November 14, 2017, Sabal Trail’s gas flow dropped to zero, and Sabal Trail increased its Uncommitted Capacity by 300,000 Dekatherms per day, exactly the same as DEF formerly contracted for, and thirty days after DEF’s initial contract expired. That leaves FPL as Sabal Trail’s only customer, with its 400,000 DTH/day. Four sevenths of of 93% is only about 53%, which is not even the 75% Commissioner Richard Glick also mentioned in in his Friday dissent from the 4:1 FERC rubberstamp of the PennEast pipeline, which also happens to be a feeder for Sabal Trail through Transco. Meanwhile, during freezing weather in Florida, Sabal Trail shipped zero gas for much of November and January (and hardly any in December): how is that need?

Lost Duke Energy Florida, Flow
Lost Duke Energy Florida, Sabal Trail?

No Balance

Commissioner Glick’s opening paragraph also sums up the recent WWALS motion to FERC to reject, shut off, and revoke Sabal Trail: Continue reading →

City of Adel passed resolution against state fee diversions 2018-01-16

The City of Adel passed a city resolution in support of Georgia House Resolution 158, “a measure allowing the Georgia General Assembly to dedicate fee collections for their statutorily designated programs,” this Tuesday, January 16, 2018. That’s the second in the Suwannee River Basin, after Lanier County. The more of these urging resolutions that get passed, the more likely the legislature will act to schedule a Georgia Constitutional Amendment to stop many millions of dollars of diversions of state fees from their intended purposes.

Mayor, Council, Staff, Meeting
Photo: Adel City Council in their December 4, 2018 meeting, by John S. Quarterman for WWALS.

Text of the Resolution

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Resolution against state fee diversions discussed at Valdosta City Council 2018-01-11

For our waters, last Thursday, Valdosta City Council Tim Carroll recommended (Video) a resolution in support of a resolution in the Georgia state legislature to stop state fee diversions.

12. Council Comments - Tim Carroll
Video by Gretchen Quarterman for Lowndes Area Knowledge Exchange (LAKE) at Valdosta City Council, Thursday, January 11, 2018.

Newly elected Mayor Pro Tem Sandra Tooley wanted to know whether Continue reading →

Lanier County Commission passes Resolution urging Georgia legislature to stop state fee diversions 2018-01-08

When you pay a state fee, be it for a license plate or for use of a landfill, chances are much of it is being diverted to some unrelated purpose. The Lanier County Commission today passed a resolution urging the Georgia legislature to dedicate state fees to their statutorily-designated programs.

Stop state fee diversion resolution, Board
Lanier County Commissioners Paul Brockington (District 1), Susan Bowling (District 3), Harold Simpson (District 2), Dennis Fender (District 4), and Alex Lee (Chairman). Neil Ginty (County Administrator) in pink shirt.

The Commissioners’ only question after I briefly spoke was to the County Administrator as to whether the county attorney had reviewed this resolution: she had. Thanks to Continue reading →

ARWT Resolution passed by Lanier County Commission 2018-01-08

Unanimously, after reviewing the ARWT Brochure and a few words by Suwannee Riverkeeper John S. Quarterman, the Lanier County Commission passed a Resolution to support the Alapaha River Water Trail (ARWT).

Alapaha River Water Trail Resolution, Board
Commissioners Paul Brockington (District 1), Susan Bowling (District 3), Harold Simpson (District 2), Dennis Fender (District 4), and Alex Lee (Chairman). Neil Ginty (County Administrator) in pink shirt.

I believe Commissioner Susan Bowling made the motion. Thanks to her and to Continue reading →

Motion to reject FERC DSEIS, to take Sabal Trail out of service, and to revoke its permit: WWALS to FERC 2017-12-29

reopen the whole basis of the FERC 2016 Order, Filing FERC, if it follows its own rules, should reject the DSEIS, stop Sabal Trail, and revoke its permit, says a motion filed today with FERC by Suwannee Riverkeeper.

Followup blog posts will feature major sections and arguments from these 20 pages with their 93 footnotes. The basic arguments are summarized on the first page:

WWALS argues that no SEIS can be complete without accounting for GHG from Liquid Natural Gas (“LNG”) exports, nor without comparing natural gas to solar power, according to precedents already set by FPL, FERC, and others, which also reopen the whole basis of the FERC 2016 Order.

FERC may not care, but the D.C. Circuit Court may, or candidates for office, or the voting public.

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

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

Filed with FERC today as Continue reading →

SELC against proposed suspension of Clean Water Rule 2017-12-13

Yesterday, the Southern Environmental Law Center (SELC) submitted a sixteen-page letter against the EPA’s proposed suspension of the Clean Water Rule, on behalf fifty-six organizations including WWALS.10

Struggling to eliminate, Letter Much of that letter could as easily apply to today’s foregone vote to eliminate the FCC’s net neutrality rule. FCC Chairman Ajit Pai’s “‘unalterably closed’” views should have been enough for him to recuse himself. The three FCC Commissioners for the elimination of net neutrality made it clear they were not paying attention to the millions of public comments, despite requirements of the Administrative Procedure Act to do so. Chairman Pai with perhaps unintentional irony even argued that there was no need to hold public hearings since far more people commented online, which of course is only possible through an open Internet. Nevermind that the FCC appears to be ignoring those comments.

Similarly, the EPA does not seem to be paying attention to the “more than 680,000 public comments” on the Clean Water Rule repeal beyond taking only six days to come up with a two year delay in implementation of that rule.

The SELC letter to the EPA even cites two cases against the FCC when it says: Continue reading →

Impervious surface from development causes flooding

Could similar development in the Suwannee River watershed have something to do with the 700-year floods in 2009 and 2013?

Georgia State University, PR, December 6, 2017 Researchers Find Urban Development Dramatically Increases Stream Flow,

Fig. 1 watersheds

…Between 1992 and 2011, the amount of developed land in these watersheds also doubled, almost entirely at the expense of forest land.

In both watersheds, this urbanization led to Continue reading →