Category Archives: Law

At What Cost? Pipelines, Pollution and Eminent Domain in the Rural South –Movie in Live Oak, FL 2016-02-12

Please join us for a documentary about property rights and the environment vs. pipelines (PDF; facebook event; meetup event). Yes, FERC has issued certificates for Sabal Trail, but the fight is not over.

6:30 PM Friday 12 Feb 2016, Live Oak, FL

When: 6:30 PM Friday February 12th

Where: Live Oak Womans Club,
1308 11TH St SW, Live Oak, FL 32064

What: View the film:
“At What Cost? Pipelines, Pollution and Eminent Domain in the Rural South”
A documentary film by Mark Albertin
Video Trailer

Thanks: to Push Back the Pipeline for getting this movie made

This film is about the Kinder Morgan petroleum products Palmetto Pipeline proposed across coastal Georgia to Jacksonville, but the issues are the same for Spectra Energy’s proposed fracked methane Sabal Trail pipeline from Continue reading

WWALS, Sierra Club and Spectrabusters Partner to Fight Sabal Trail Pipeline

Maryvonne Devensky, Chair of Suwannee-St. Johns Group of the Florida Sierra Club Chapter, organized a “plan of action” meeting held yesterday, 01-16-2016 at Suwannee River State Park, to fight the Sabal Trail pipeline.  Maryvonne said it is time for Sierra Club to partner with organizations like WWALS and Spectrabusters, who have been in this fight from the beginning, in order to have a united front.
Sabal Trail pipeline meeting pavilion at SRSP

Sabal Trail pipeline meeting pavilion at SRSP

Approximately 40 people came out to get more information about the pipeline and to help strategize what steps to take to stop the pipeline.  Attendees included people from as far away as Continue reading

At What Cost? Pipelines, Pollution and Eminent Domain in the Rural South 2016-01-15

It’s about Kinder Morgan’s Palmetto petroleum products pipeline, but eminent domain for Spectra’s private profit from its proposed Sabal Trail fracked methane pipeline. From the facebook event by our sibling Satilla Riverkeeper:

When: 7PM Friday 15 January 2016

Where: Theater by the Trax, 100 Osborn Street, St Marys, GA 31558

Join Satilla Riverkeeper, St. Marys Earthkeeper and film maker Mark Albertin for the release of a new documentary called “At What Cost? Pipelines, Pollution and Eminent Domain in the Rural South”. This is a FREE event but limited to the first 160 attendees.

This film discusses Continue reading

Sabal Trail response to WWALS exceptions to ALJ’s Order in WWALS v Sabal Trail & FDEP 2016-01-04

Does this sound like a level playing field to you? Basically Sabal Trail claims “reasonable assurances” mean the pipeline can be completed and that’s a public good for the state of Florida, nevermind any destruction or hazards, while WWALS would have had to demonstrate specific direct damages to many of its members because of pipeline installation just to get standing. A Spectra Energy executive from Houston, Texas automatically has standing to claim safety using evidence from other pipelines and even other pipeline companies,explicitly referencing the U.S. Pipeline & Hazardous Materials Safety Administration, while WWALS and its local members in Florida are precluded from introducing any evidence about safety in the same case, or so Sabal Trail seems to say in its objections filed today 4 January 2016 (PDF) to the judge’s Order in WWALS v Sabal Trail & FDEP.

Seems like the limestone underlying the Floridan Aquifer are not the only cracks and fissures in Florida.

-jsq

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

Ask Congress to have GAO investigate FERC

It’s time to throw a spotlight on FERC’s favoratism. Maya K. van Rossum, the Delaware Riverkeeper, who has been fighting pipeline projects for years, asks all of us to sign a petition to ask two Senators to get the Government Accountability Office (GAO) to “conduct an official investigation into the operations of the Federal Energy Regulatory Commission (“FERC”).”.

Or ask your member of the House of Representatives Continue reading

WWALS exceptions to judge’s recommended order in WWALS v. Sabal Trail & FDEP

Who could achieve standing or win a case with these criteria?

The judge’s Recommended Order applied the wrong standard as to whether the pipeline is in the public interest (Exception 25), applied an incorrect standard of proof (Exception 16), ignored the additional protections due the Outstanding Florida Waters of the Suwannee and Santa Fe Rivers (Exception 17), and ignored evidence that the granting of a Sovereign Submerged Lands Easement would adversely affect the lands under those rivers (Exception 19), not to mention the Floridan Aquifer.

In alleging WWALS does not have standing, the judge ignored a case previously cited by FDEP (Exception 23), and added an unprecedented factor of “potential injury” that would prevent associations from ever achieving standing unless they could prove the ultimate facts of the case (Exception 14).

Did the judge really mean to imply FDEP’s and Sabal Trail’s own witnesses were not competent when they upon questioning provided testimony that FDEP failed to acquire reasonable assurances that the issuance of an environmental resource permit and easement on sovereign submerged lands would not be contrary to the “public interest” (Exception 15)? If those public servants’ testimony wasn’t competent, how can those same personnel be competent to evaluate permit applications?

These are just a few of the 25 exceptions filed Monday 28 December 2015 by WWALS Counsel William R. Wohlsifer and Leighanne C. Boone. See also the WWALS video of Attorney Wohlsifer’s concluding statement in the hearing.

Here is PDF of the judge’s Recommended Order and PDF of the WWALS Exceptions. Below is the text of those exceptions. Continue reading

FERC, EPA rubberstamp Sabal Trail fracked methane pipeline: opposition continues –VDT

The FERC FEIS isn’t a permit, the Army Corps hasn’t issued a permit, GA-EPD is still considering an air quality permit for the Albany, GA air compressor, and it’s still possible to stop the GA-DNR easements for drilling under Georgia rivers including the Withlacoochee and Okapilco Creek. This is all regardless of whether FDEP issues its drilling permit for the Suwannee and Santa Fe Rivers. You can still help stop this invasion by the “Sinkhole Trail” of our local lands, water, and air.

Among the press recently by Politico, Law360, Natural Gas Intelligence, the Suwannee Democrat, the Ocala StarBanner, the Palm Beach Post, the Atlanta Journal-Constitution, Valdosta Today, and others, is this long local piece. Joe Adgie, Valdosta Daily Times, 20 December 2015, EPA reverses stand on impact pipeline would have on aquifer,

In addition, according to FERC, Sabal completed analysis of the subsurfaces where the pipeline is proposed.

That’s what FERC’s announcement of its Final Environmental Impact Statment (FEIS) said, but where is the LiDAR, as Continue reading

The future of energy and Sabal Trail pipeline at Suwannee Cuonty Commission –Jasper News

Several Suwannee County Commissioners are studying the difficult and constantly-changing subject of energy, although the Chairman said he had already made up his mind,
Carl McKinney’s droll legend refers on his picture refers to Chris Mericle as “Jasper man”. The map shows sinkholes near the proposed pipeline path across the Suwannee River and the Falmouth Cathedral Cave System.
at the Suwannee County Board of Commissioners meeting last night. They did nothing about a further resolution against Sabal Trail, although numerous citizens (many of them WWALS members) from Suwannee County and nearby counties helped discuss the situation.

Carl McKinney, Suwannee Democrat, 16 December 2015, The future of energy: Debate takes over Suwannee commission meeting,

Following the Suwannee County Commission’s decision last week not to formally oppose the Sabal Trail pipeline entering its jurisdiction, the public engaged commissioners in a debate over the future of energy.

At Tuesday evening’s commission meeting, several members of the public discussed with commissioners the advantages of solar power, Florida’s energy needs and environmental stewardship.

During public comment, local resident Debra Johnson asked Continue reading

EPA chooses to believe Sabal Trail’s intent over Sierra Club and WWALS warnings

It looks awful strange when EPA chooses to name and believe Florida Audubon, which agrees with Sabal Trail, but doesn’t even name Sierra Club, when discounting SC’s much larger concerns. Why should EPA, or we, believe Sabal Trail’s “intent” when Sabal Trail’s parent company, Spectra Energy, has repeatedly not even followed federal law or its own corporate procedures?

Addresses Bruce Ritchie, Politico, 16 December 2015, EPA reverses course on several Sabal Trail pipeline issues,

TALLAHASSEE — The U. S. Environmental Protection Agency has reversed itself on numerous points in opposition to a proposed natural gas pipeline that would extend from Alabama across Southwest Georgia and North Florida.

In October, the EPA said in a letter to the Federal Energy Regulatory Commission (FERC) that it had “very significant concerns” that the proposed route posed a threat to the Floridan Aquifer, the drinking water supply for much of the region. The agency also raised concerns about the pipeline’s impact on wetlands, conservation lands, and minority communities in the region.

But in a Dec. 11 letter sent to the Army Corps of Engineers, the EPA’s James D. Giattina said the agency had met with representatives of Sabal Trail Transmission LLC and reviewed the company’s comments sent to the Federal Energy Regulatory Commission. As a result, the EPA has come to different conclusions on several issues.

The EPA’s change of heart raises suspicions for Frank Jackalone, senior organizing manager for the Sierra Club in Florida.

Continue reading

WWALS not surprised by pipeline ruling; fights on –WTXL 2015-12-14

“We see no reason to risk local citizens’ property, or taxes, or their drinking water, John S. Quarterman or any part of the ecology for a profit for a company from some other state,” on WTXL in Florida’s state capital, Tallahassee, yesterday.

Brittany Kleinpeter, WTXL, Tallahassee, Florida, 14 December 2015, Environmental Group is Not Surprised by Judge’s Decision, Continue reading