Category Archives: Law

WWALS moves to enter EPA letter to FERC into evidence in Florida case

Everyone from the Atlanta Journal-Constition to the Palm Beach Post to the Ocala StarBanner Comes now, Petitioner... and moves.... considers the EPA letter to FERC to be of great significance. WWALS agrees, and has filed a motion to ask the judge to take notice in WWALS v. Sabal Trail & DEP.

§ 373.414 Florida Statutes, begins:

(1) As part of an applicant’s demonstration that an activity regulated under this part will not be harmful to the water resources or will not be inconsistent with the overall objectives of the district, the governing board or the department shall require the applicant to provide reasonable assurance that state water quality standards applicable to waters as defined in s. 403.031(13) will not be violated and reasonable assurance that such activity in, on, or over surface waters or wetlands, as delineated in s. 373.421(1), is not contrary to the public interest. However, if such an activity significantly degrades or is within an Outstanding Florida Water, as provided by department rule, the applicant must provide reasonable assurance that the proposed activity will be clearly in the public interest.

Not just “not contrary to the public interest”. For an Outstanding Florida Water applicant (Sabal Trail) “must provide reasonable assurance that the proposed activity will be clearly in the public interest.” The Suwannee River is an Outstanding Florida Water. And the EPA letter is pretty good evidence that Sabal Trail did not provide such reasonable assurance.

Filed October 30, 2015 4:43 PM Division of Administrative Hearings (also PDF on WWALS website): Continue reading →

Ocala StarBanner heard the EPA watchdog bark

Will the Suwannee County BOCC heed this call?

Editorial, Ocala StarBanner, 29 October 2015, A public watchdog when one’s needed

For more than two years opponents of the Sabal Pipeline have been denouncing the natural gas pipeline project as a threat to North Florida’s groundwater supply and sinkhole-prone geology, only to be waved off by state and federal regulators. It seemed those empowered to protect the people’s interests were not listening.

That is, until this week. At the 11th hour of the public comment [period, the U.S. Continue reading →

Come to the hearing, WWALS v. Sabal Trail & FL-DEP, Jasper, FL 2015-10-19

We aim to win through evidence and argument! If we can stop either the Environmental Resource Permit (ERP) or the Easement to Use Sovereign Submerged Lands (Easement) that the Florida Department of Environmental Resources (DEP) intends to issue for Sabal Trail, there may be no pipeline.

Witnesses can still come forward to testify for the Suwannee or other Rivers, the Florida Aquifer, or their own land, water, and air against Sabal Trail. WWALS invites the public to attend; This is a court of law, so please be polite, and silent while proceedings are in progress.

Here’s some background on the case. Below is Judge Canter’s order of this morning about place, date, and time (PDF): Continue reading →

GA-DNR should not give away easements to Sabal Trail –FrK, WWALS, GA Sierra Club

In addition, J. Mark Mobley, Jr. of Moultrie, Colquitt County, GA, is Vice Chair of the Land Committee that meets first. LTE If that Committee doesn’t recommend the Sabal Trail give-away, the full DNR board probably won’t vote on it. You can send the GA-DNR board members comments, or go to the meeting Wednesday morning 9AM in Atlanta. Meanwhile, this LTE (PDF) just went to the Albany Herald.

Jeff Sinyard represents southwest Georgia on the Board of the Georgia Department of Natural Resources. He is our voice on that very important and powerful Board.

Sabal Trail Pipeline needs easements granted by the DNR Board to pass under key southwest and south-central Georgia rivers and creeks. Elsewhere in Georgia, over to the east and on the coast, Governor Deal’s DOT recently blocked the use of eminent domain for a gas and diesel pipeline. The Governor does not have the same power over natural gas pipelines under Georgia law. However, the Governor’s DNR Board does have the power Continue reading →

Soon down to the wire to oppose Sabal Trail invasion

The fracking that drives new pipelines was a crime until ten years ago, and it should be again: injecting poisons into the ground under our water supply was always a bad idea.

Merrillee Malwitz-Jipson and Jim Tatum, Suwannee Democrat, 14 September 2015, The FERC flexes its muscles on Sabal Trail,

The time frame is coming down to the wire as to Sabal Trail and its invasion of our riverbeds and springs systems. They have met with nothing but negative comments throughout Georgia and Florida. People have turned out in droves to express their dissent. In spite of this, they move onward with their plan to install a 36” pipeline under the Suwannee and Santa Fe Rivers, and through the center of this fragile spring system. Our springs heartland is a regional identity unlike any in the world, but vulnerable to developers and oil and gas companies.

Many environmental groups have been active in resisting. Our Santa Fe River Inc. was consistently Continue reading →

Pipeline dispute to judge for WWALS v Sabal Trail –CBS Miami

New news venues are covering WWALS v. Sabal Trail.

CBS Miami, 4 September 2015, Judge To Consider Florida Pipeline Permit Dispute,

A judge is set to consider an environmental group’s efforts to block construction of a pipeline mean to transport gas into Florida from Alabama.

The Florida Department of Environmental Protectionin July gave notice that it plans to issue a key permit for the Sabal Trail pipeline, which is planned, at least in part, to help deliver natural gas to power plants operated by Florida Power & Light and Duke Energy Florida.

A Georgia-based environmental group, WWALS Watershed Coalition, Inc., has fought the permit, pointing to potential impacts of the pipeline on North Florida waterways.

The group last month added an affiliated organization, WWALS Watershed Coalition Florida, Inc., to the case, though Continue reading →

Florida state regulators grant hearing at unknown data for WWALS v. Sabal Trail –Palm Beach Post

You’ve mostly been hearing about WWALS v. Sabal Trail lately because of all the news coverage related to the petition to FL-DEP, which is great. STA. 13083+00 TO STA. 13136+00, GA-FL Line, Hamilton Co., FL, Jumping Gulley Creek But of course WWALS does a lot more than that and WWALS has been around before anybody ever heard of Sabal Trail.

Susan Salisbury, Palm Beach Post, 4 September 2015, State regulators grant hearing to anti-pipeline group,

WWALS Watershed coalition and WWALS-Florida which advocate for conservation of Suwannee River and other rivers in south Georgia and North Florida believe the proposed pipeline is not in the public interest and could have severe adverse effects on fish, wildlife, public recreation and navigation.

The pipeline would also go through the fragile karst limestone containing Continue reading →

WWALS to get hearing against Sabal Trail after all –Gainesville Sun

WWALS is about environmental issues such as those FL-DEP said could proceed. However, environmental issues extend far beyond FL-DEP’s narrow view. A pipeline sinkhole could affect springs or wells miles away, and that could affect property values, insurance rates, and of course eco-tourism. Tourism brings in $67 billion a year to Florida. Why would any Florida state agency want to risk that for a pipeline when the Sunshine State can go straight to solar power?

Christopher Curry, Gainesville Sun, 4 September 2015, Part of Sabal Trail challenge will proceed, Continue reading →

FL-DEP grants hearing to WWALS against Sabal Trail pipeline under Suwannee River

FOR IMMEDIATE RELEASE

FL-DEP grants hearing to WWALS against Sabal Trail pipeline under Suwannee River

September 4nd, 2015, Jasper, Florida — Yesterday the Florida Department of Environmental Protection (FL-DEP) asked for an administrative law judge (ALJ) “to conduct all necessary proceedings required by law and to submit a recommended order to the Department”. Certifiate of Service FL-DEP apparently interprets its Order of the previous day as dismissing only the petition of WWALS-FL, a Florida nonprofit corporation, and not that of the parent corporation, WWALS Watershed Coalition, Inc. (WWALS). So it seems WWALS gets a hearing after all.

WWALS president John S. Quarterman remarked:

“Everyone told us we’d never get a hearing, so apparently we interpreted the previous day’s FL-DEP dismissal too broadly. But sometimes if you try, you succeed. And WWALS continues to try to stop the unnecessary, destructive, and hazardous Sabal Trail pipeline.”

And it seems FL-DEP is reading the news about this case, because Continue reading →

WWALS to get hearing with FL-DEP about Sabal Trail –Palm Beach Post

FL-DEP is reading the news about the WWALS petition, we know because DEP sent a copy of yesterday’s FL-DEP request for an administrative law judge directly to the Palm Beach Post. The Post had already published a story saying the WWALS petition had been dismissed, and changed it to say WWALS has been granted a hearing. (See also WWALS press release.)

Susan Salisbury, Palm Beach Post, 3 September 2015, Florida DEP says anti-pipeline group’s case to be heard,

A conservation group seeking to stop the proposed 465-mile Sabal Trail natural gas pipeline from boring under the iconic Suwannee River has now been granted its request for a hearing.

The Florida Department of Environmental Protection said late Thursday Continue reading →