Category Archives: Law

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

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