Category Archives: Law

Judge ruled against WWALS in DOAH case: WWALS fights on

The judge’s ruling was disappointing, but not unexpected. He found for the Respondents Sabal Trail and FDEP on every issue, even standing. WWALS and others will fight on for the Suwannee River, for the Floridan Aquifer, and for the property rights of local citizens against this pipeline boondoggle.

Recommendation Indeed, “the project would result in unavoidable temporary and permanent losses of portions of wetlands along the route.” Mitigation somewhere else, not even in the same watershed, is no excuse. Nor does such “mitigation” stop the eminent domain takings of local Florida citizens’ lands, or the bulldozing of a grandmother’s ashes, for the profit of a company from Houston, Texas.

This ruling, with its rather remarkable irregularities, appears to provide additional grounds for appeal beyond those we already knew. The judge repeatedly said in the hearing, and we quoted in the WWALS Proposed Recommended Order, that activities such as boating, swimming, fishing, and scuba diving counted for standing, yet his Order only accepts Continue reading

Draft letter from Suwannee County to Army Corps of Engineers for Emergency Commission Meeting 2015-12-10

Wow! They’re not kidding around. Suwannee County calls on the U.S. Army Corps of Engineers to keep the Sabal Trail invading pipeline out of Suwannee County and out of the state of Florida.

Draft letter Here’s the agenda for tomorrow morning’s 9:30 AM Thursday December 10th 2015 meeting:

SUWANNEE COUNTY BOARD OF COUNTY COMMISSIONERS
COUNCIL MEETING ROOM
LIVE OAK CITY HALL
101 SOUTHEAST WHITE AVENUE
LIVE OAK, FLORIDA

TENTATIVE AGENDA FOR SPECIAL-CALLED MEETING
THURSDAY, DECEMBER 10, 2015

  • Consider sending a letter from the Board to the US Army Corps of Engineers and Federal Energy Regulatory Commission pertaining to the Sabal Trail Pipeline.

Here’s the draft letter: Continue reading

No pipeline! Suwannee County to FERC, Army Corps, and Florida

Suwannee County has waked up! Carl McKinney, Suwannee Democrat, 7 December 2015, Suwannee County seeks allies in pipeline fight,

County staff is writing a letter to the U.S. Army Corps of Engineers and the state of Florida, requesting the pipeline not enter Suwannee County.

The commission will vote on whether to send the letters during its Dec. 15 meeting. Both the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection have to issue permits for the venture.

Commissioner Larry Sessions proposed Continue reading

Sabal Trail pipeline route discussion, Suwannee Board of County Commissioners, 2015-12-01

Beyond asking to move the Sabal Trail compressor station, the Suwannee County Board of Commissioners (SBOCC) will consider what else it wants.

218 Parshley St. SW, Live Oak, FL 32064 SBOCC Meeting — Sabal Trail pipeline route discussion by SBOCC tonight — I was told — 6 pm Parshley Street in Live Oak — right behind Post Office off Ohio Ave (MLK BLVD).

Please attend if able. —Debra Johnson

Will Sabal Trail continue to hide behind the federal Pipeline Safety Act even after two more whistleblowers have come forward about Spectra Energy?

Will Sabal Trail again Continue reading

Suwannee County, FL sends resolution against Sabal Trail to FERC 2015-11-30

The one county targetted by every path proposed by Spectra Energy Resolution: move it for its Sabal Trail fracked methane pipeline, Suwannee County, Florida, has told FERC it passed a resolution wanting the Hildreth compressor station moved.

Filed with FERC 30 November 2015, Accession Number: 20151130-0023, “A Resolution of the Board of County Commissioners of Suwannee County, Florida etc re Sabal Trail Transmission, LLC under CP15-17.” (PDF on WWALS website.)

For the text, see the previous post. Below are images. Continue reading

Video of citizens and Commission against Sabal Trail in Suwannee County, FL 2015-11-17

The Commissioners unanimously voted for that resolution to ask Sabal Trail to move the Hildreth compressor station, as you can see on Suwannee County’s own video of that meeting.

First, several people spoke against the compressor station, including:

Resolution to move Sabal Trail’s Hildreth Compressor Station passed by Suwannee County BOCC

They wanted to pass this resolution, already in the handouts at the beginning of the meeting, Actually adopted Nov 17th 2015 without even waiting for citizen comments. They did listen first to a few people who had signed up to to talk about the compressor station, including WWALS member David Shields, whose family has an organic farm and discovered they’d be downwind of the compressor station, and Johanna deGraffenreid, the new Gulf Coast Campaign Coordinator for Gulf Restoration Network. Everybody else got to speak later in the meeting.

Suwannee County BOCC
David and Ginger Shields on left in audience;
Chris and Deanna Mericle directly in front of camera

Here’s what the Board of Commissioners of the one county targetted by every Continue reading

Sabal Trail pipeline challenged by recommended order, plus Suwannee County resolution tonight

FOR IMMEDIATE RELEASE

Sabal Trail pipeline challenged by recommended order, plus Suwannee County resolution tonight

Jasper, Florida, November 17, 2015 — The day after WWALS filed its Proposed Recommended Order (PRO) in WWALS v. Sabal Trail & FDEP saying FDEP didn’t do proper due diligence on what Sabal Trail’s application, especially for the Outstanding Florida Waters of the Suwannee River and the Santa Fe River, the Suwannee County Commission is considering tonight a resolution against Sabal Trail’s proposed Hildreth Compressor Station.

Suwannee County resident Debra Johnson remarked,

“How about nowhere in our county. It’s like who wants this dangerous compressor station in Suwannee County ANYWHERE?”

David Shields testified at the hearing in Jasper that he had purchased land in Suwannee County because: Continue reading

WWALS files Proposed Recommended Order with DOAH 2015-11-16

DEP failed to sufficiently review or verify Sabal Trail’s application, failed to timely place comments from affected landowners in the public record, and disregarded heightened protection requirements of Florida Outstanding Waters. Sabal Trail admitted Spectra Energy is its operator in perpetuity, and that horizontal directional drilling could adversely affect water quality of the Suwannee River, yet DEP failed to adequately consider such effects. DEP professed to be unaware of other potential risks such as crossing existing pipelines, including the Southern Natural Gas pipeline. Springs, fragile karst geology, leaks, LiDAR, and geologic collapse: all insufficiently considered by DEP. Sinkholes, springs, and gopher tortoises pointed out by landowners never examined by Sabal Trail or DEP.

A Spectra Energy executive from Houston deigned to come to “the middle of nowhere” to tell us they’d use thinner pipe in low population areas such as Suwannee County. He testified at length about Spectra’s safety history, even Continue reading

EPA letter could change pipeline path –Jasper News

Sabal Trail won’t comment in Florida about the EPA letter to FERC that validates what WWALS and many others have been saying, although Sabal Trail did comment in Georgia.

Front page top Carl McKinney, Jasper News, 5 November 2015, front page, apparently not online, EPA letter could change course of gas pipeline,

…In an Oct. 20 letter, the EPA maintained it always had serious concerns about the project, and recommends the approximately 515-mile-long pipeline’s path be redrawn to avoid environmentally sensitive areas in Florida.

Now, the WWALS Watershed Coalition environmental group has filed to get the letter admitted as evidenm in a legal challenge to prevent the Florida Department of Environmental Protection from issuing a permit for the project, said WWALS president John Quarterman.

“It validates everything we’ve been saying,” he said.

Here is that EPA letter to FERC.

Last month, WWALS and Tallahassee attorneys representing Sabal Trail met face-to-face at Continue reading