Category Archives: Law

Seattle settles salmon river dam case, hails relationship of mutual respect and consultation with Sauk-Suiattle Tribe 2023-05-02

The city of Seattle will include a program for fish passage around its dams on the Skagit River, as part of a settlement with the Sauk-Suiattle Tribe of a case on behalf of the tribe and of salmon that live in the river.

That program was filed with the Federal Energy Regulatory Commission (FERC) as part of the city’s license renewal request for those hydroelectric dams. These are strange times indeed, when FERC becomes the guarantor of river rights.

Washington dam removal is controversial but may be the best chance for salmon, earth.com 2019-08-20

There are at least two ways of approaching such cases on rights: rights of nature itself (fish, rivers, etc.), or rights of humans.

Human rights are the subject of the Florida citizen petition for a state constitutional amendment for Rights to Clean and Healthy Water. Florida registered voters, please sign that petition:
https://www.floridarighttocleanwater.org/

And then please get your friends and relatives to sign it.

This Seattle case used both approaches, according to the Continue reading →

Dollar General developer and property owner sue Lowndes County about rezoning denial –VDT 2023-05-03

The plaintiffs’ case is based on the Lowndes County Commission not agreeing with county staff’s recommendation to approve the rezoning, as well as “evidence supporting their petition and codes relating to the Unified Development Land Code.”

Maybe this is the “enhanced facade” that Dollar General offered in the Public Hearing after which the County Commission denied the rezoning, on January 1, 2023.

Enhanced facade, plat, and future development, VDT and actual stormwater by WWALS

Also the plaintiffs say all the public comments were “generalized and speculative”. Huh, I sure thought I heard a bunch of quite specific public comments. The letter WWALS sent to the Commission before that Public Hearing was quite specific, for example, in saying the allegation that the closest effect on nearby property owners would be on their residences was hogwash, given that stormwater from the subject site runs west under GA 122 onto neighboring property much closer than that residence.

There was speculation in various comments, but it was based on easily documented history of Dollar General and of property development in Lowndes County.

After a story by a Valdosta Daily Times reporter, that local organ of record weighed in with an editorial supporting the citizens. Continue reading →

Good trash can news from Valdosta City Marshalls

Update 2023-05-14: Pictures: turtle rescue 2023-04-24.

Valdosta Community Protections Manager Anetra Riley yesterday told WWALS that City Marshalls have sent notices to all parking lot owners in Valdosta that they must follow city ordinances and place trash cans in their parking lots. Not just under the roofs at the store entrances: strategically placed, as the ordinance says.

Community Protections Manager Anetra Riley and trash cans in parking lot

Suwannee Riverkeeper John S. Quarterman and Two Mile Branch neighbor Katherine Ball were pleased to hear this new ordinance enforcement initiative. This ordinance enforcement is one of many levels WWALS continues to advocate to fix the trash problem.

Anetra Riley also told us that something long promised by the Mayor on his radio show has finally happened: Continue reading →

No phosphate mine waste into recreational lakes, and more transparency –WWALS to Hamilton County BOCC 2023-04-17

You can send your own comments to the addresses in the WWALS letter. If you prefer to telephone, see https://hamiltoncountyfl.com/board-of-county-commissioners/.

The Public Hearing is tomorrow, Tuesday, April 18, 2023, at 6 PM, at 207 NE First Street Jasper, Florida 32052.

WWALS letter to Hamilton BOCC 2023-04-17

More materials: Hamilton County Planning Commission on Nutrien phosphate mine permit renewal 2023-03-28

Update 2023-04-17: No phosphate mine waste into recreational lakes, and more transparency –WWALS to Hamilton County BOCC 2023-04-17.

See also, from five years ago: Pictures: PCS Phosphate mine permit Public Hearings, Jasper, FL 2018-01-23.

Here are 78 more documents related to the Public Hearing at 6 PM this Tuesday, April 18, 2023, at the Hamilton County Commission in Jasper, Florida, about Nutrien’s phosphate mining permit renewal.

Mining location, reclamation, flow, and areas

These documents, from a USB stick I picked up from Hamilton County today, are in addition to the documents I posted yesterday.

Ordinarily I would read everything first and post some analysis, but in the interests of time, here are the documents. Continue reading →

Better Click ‘n’ Fix ticket handling and ordinance citations –Valdosta Acting City Manager Richard Hardy 2023-04-11

Acting Valdosta City Manager Richard Hardy called me yesterday. This is unusual, although he does usually answer his phone if I call him.

Valdosta Acting City Manager Richard Hardy and City Engineer Ben O’Dowd 2023-03-25

Even more unusual was his news: the city may be moving ahead on keeping trash out of creeks.

First some background.

Recent adventures in Click ‘n’ Fix include this one, Continue reading →

Alachua County Flood Insurance Rate Maps Update Meetings 2023-04-12

The first of four Public Meetings about updates to Alachua County Flood Insurance Maps is tomorrow, April 12, 2023.

Thanks to WWALS Development Director Veronica Oakler for spotting this news item.

Alachua County Flood Map 2023-04-11

Alachua County, Headlines, April 6, 2023, Flood Insurance Rate Maps Update Public Meetings

Periodically, the Department of Homeland Security provides funding to FEMA to reissue the Flood Insurance Rate Maps (FIRM) and execute new detailed studies in selected areas. The FIRM is used by insurance brokers and housing lenders to determine the risk of flooding and to set the premium for flood insurance. New FIRM maps are being developed for Alachua County and surrounding communities. The Santa Fe Watershed Flood Risk Project covering most of the North and Northwestern portion of the County is available for public review. FEMA has started a public comment and appeals period that ends on April 30, 2023.

Four information meetings are being held on April 12, April 13, April 17, and April 18, 2023, at Alachua County Public Works Ready Room (5620 N.W. 120th Lane, Gainesville) from 11 a.m. to 2 p.m. Those wishing to appeal or comment about the FIRM maps can obtain information on how to do so at this meeting.

Those who would like to look up their property and view the current FIRM maps and the proposed changes should visit the Continue reading →

Hamilton County Planning Commission wants conditions on Nutrien phosphate mine permit renewal 2023-03-28

Update 2023-04-13: More materials: Hamilton County Planning Commission on Nutrien phosphate mine permit renewal 2023-03-28.

Update 2023-04-12: The County Commission meeting will be April 18th.

The Nutrien Phosphate Mine in Hamilton County, Florida, is up for renewal by the Hamilton Board of County Commissioners on Tuesday, April 28 18, 2023, at 6 PM. There will be a Public Hearing. Since time to speak will be limited, best to send written comments in advance.

The renewal request has already been reviewed by the Planning and Zoning Board (PNZ), on March 28, 2023. PNZ recommends renewal with some conditions.

Private landowners, a number of whose property is inside the mine boundary, object that some of Nutrien’s plans for disposal of waste such as clay will adversely affect those landowners’ businesses as well as wildlife and waters.

Dennis J. Price, P.G., of Hamilton County filed a page of questions.

Bienville Outdoors filed a a request to find other options for settling areas.

Maybe you would like to comment on effects of this mine on the Suwannee River, Swift Creek, the Floridan Aquifer, or public health.

Private landowners, Clay flows, aerial: Nutrien Phosphate Mine, Hamilton County, FL

On the WWALS website are Continue reading →

Valdosta liability insurance does not cover water 2021-05-01

Apparently Valdosta city employees can’t get wet. That includes the Stormwater Division.

Policy, River

So if you see any Valdosta City employee in a creek, river, pond, or swamp, whether in a boat or in mud boots, it seems they must be off the clock.

This could explain why Valdosta has a contractor clean out stormwater pond facility clusters.

In Valdosta’s GEORGIA INTERLOCAL RISK MANAGEMENT AGENCY COMBINED AUTOMOBILE, CRIME, LIABILITY AND PROPERTY COVERAGES MEMBER COVERAGE AGREEMENT, see especially under GENERAL EXCLUSIONS APPLICABLE TO THE PROPERTY COVERAGE SECTIONS on page 7: Continue reading →

Reissued Valdosta Stormwater Permit –GA-EPD 2022-12-06

Update 2023-05-19: Valdosta annual stormwater reports to GA-EPD 2023-02-14.

In December GA-EPD reissued Valdosta’s stormwater permit, which happens every five years.

About, NOI, maps: Valdosta reissued Stormwater permit 2022-12-06

However, if I understand the response by Valdosta City Engineer Ben O’Dowd in the documents received in response to an open records request, all there is right now is a generic boilerplate permit for cities of this size. That generic permit requires Valdosta to spell out best practices it will use, and to update its Stormwater Master Plan (SWMP), all by June 4, 2023.

Since the City Engineer has been quite receptive to public input lately, I hope this means Valdosta will be accepting input into rewriting the SWMP. About trash, for example. Continue reading →

WWALS Watershed Coalition (WWALS) is Suwannee RIVERKEEPER®

A healthy watershed with clean, swimmable, fishable, drinkable water.