Category Archives: Law

LNG by Rail suspended by PHMSA and FRA 2023-08-31

Update 2023-11-18: Liquefied natural gas issue on Brightline railroad –Cecile Scofield in TCPalm 2023-11-12.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has suspended authorization without a special permit of “liquefied natural gas (LNG) transportation in rail tank cars pursuant to a final rule published on July 24, 2020, pending the earlier of either completion of a companion rulemaking evaluating potential modifications to requirements governing rail tank car transportation of LNG, or June 30, 2025.”

WWALS has opposed such authorization since before PHMSA approved it, on numerous grounds, including safety (potential leaks or explosions, lack of city, county, or state LNG risk management plans, lack of safety studies), rail running through densely populated areas, promotion of fracking, environmental concerns (LNG is 80 times more harmful than CO2 in the near term as a greenhouse gas), and shortsightedness: solar, wind, and batteries are exponentially taking over from LNG.

We do not yet know how this suspension will affect LNG by rail in Florida; more on that later.

[Florida, PA, and NJ LNG by rail maps]
Florida, PA, and NJ LNG by rail maps

It is also not clear how this decision will affect New Fortress Energy’s other LNG by rail project from Wyalusing, PA, to an export terminal in Gibbstown, NJ, across the Delaware River from Philadelphia.

Still, we agree with NRDC that “This is a huge victory for the planet and for communities living in the potential blast zones of these rail lines.”

See also Continue reading →

Valdosta Standard Operating Procedures as conditions on Consent Order EPD-WP-9424 2023-11-13

Update 2023-11-14: Scotti and Sara Jay discovered One Mile Branch fish kill, leading to GA-EPD Consent Order 2023-09-22.

Valdosta has sent GA-EPD a check for the $56,139.30 fine and the information required by the other four conditions of the September 15, 2023, Consent Order on Valdosta for the One Mile Branch fish kill and various sewage spills.

Maybe these Standard Operating Procedures (SOPs) will help further reduce Valdosta sewage into creeks and the Alapaha, Alapahoochee, and Withlacoochee Rivers.

[SOPs]
SOPs

Here is the City of Valdosta’s summary of its responses to the conditions in the Consent Order. I haved added links to the referenced documents. Continue reading →

Georgia Conservationists meet in Waycross to protect the Okefenokee from mining 2023-11-10

“Beyond Trail Ridge, cities and counties in the Suwannee River Basin value the Okefenokee Swamp and the Suwannee River, and are passing resolutions supporting the Okefenokee Swamp and legislation protecting it, including the City of Valdosta and Clinch and Echols Counties,” said Suwannee Riverkeeper John S. Quarterman.

Douglas Now, November 10, 2023, GEORGIA CONSERVATIONISTS MEET IN WAYCROSS TO PROTECT THE OKEFENOKEE FROM MINING,

The Georgia Water Coalition hosted its Fall Member meeting in Waycross November 8—10, 2023. Conservationists from around the state learned more about the Okefenokee and how to protect it from risky mining operations.

Attendees toured the Okefenokee Swamp Park, the Okefenokee National Wildlife Refuge, and the St. Marys River. During the member meeting at South Georgia State College, Georgia Water Coalition members learned about how mining proposals along Trail Ridge threaten the Okefenokee.

[Boats and inside]
Mike Worley, CEO, Georgia Wildlife Federation welcomes Georgia Water Coalition members at the Okefenokee Swamp Park, and inside Okefenokee NWR Manager Michael Lusk, Alice Keys of One Hundred Miles, St. Marys Riverkeeper Emily Floore, Local resident Charlene McIntosh Carter of Okefenokee Pastimes Cabins and Campground, Suwannee Riverkeeper John S. Quarterman. Photo: Southwings.

“The Okefenokee touches everyone that touches its dark waters,” Continue reading →

GA-EPD Consent Order on Valdosta for One Mile Branch fish kill and sewage spills 2023-09-15

Update 2023-11-13: Valdosta Standard Operating Procedures as conditions on Consent Order EPD-WP-9424 2023-11-13.

That One Mile Branch fish kill back on September 23, 2022, was not just from a fuel spill by VSU.

The Georgia Environmental Protection Division (GA-EPD) found contamination and dead fish upstream of that alleged fuel spill. GA-EPD also cited numerous other Valdosta sewage spills, not only into One Mile Branch, but also into Hightower Creek (also draining through Sugar Creek into the Withlacoochee River), and spillsinto Knights Creek (which drains into Mud Swamp Creek, then the Alaphoochee River, and the Alapaha River).

Result? A new Consent Order on Valdosta, including a hefty fine as one of five conditions, the rest of which have sixty (60) day deadlines.

[$56,139.30 fine on Valdosta for One Mile Branch Fish Kill and other spills --GA-EPD 2023-09-15]
$56,139.30 fine on Valdosta for One Mile Branch Fish Kill and other spills –GA-EPD 2023-09-15

$56,139.30 may not sound like much as a fine, but it is huge compared to typical GA-EPD fines of maybe $10,000, and it is almost half of the $122,000 of the 2020 Consent Order after the huge December 2019 Valdosta sewage spill.

Please note that the Valdosta Utilities Department is under new management since all this happened.

Acting Utilities Manager Jason Barnes now has the task of cleaning up the physical and regulatory mess, even though he had nothing to do with causing it.

The City’s explanation for the One Mile Branch fish kill at the time did not pass muster with GA-EPD: Continue reading →

DeKalb County, GA, resolution requesting protection for the Okefenokee Swamp 2023-10-24

Congratulations to DeKalb County for passing a resolution supporting the Okefenokee Swamp.

You can encourage your city council or county commission to pass such a resolutin. Local government resolutions help encourage state legislatures to pass bills.

And you can still ask GA-EPD to reject the permit applications for that strip mine for titanium dioxide for white paint.
https://wwals.net/issues/titanium-mining/

You can help save the Okefenokee Swamp, the headwaters of the St. Marys and Suwannee Rivers.

[DeKalb County Okefenokee Resolution 2023-10-24]
DeKalb County Okefenokee Resolution 2023-10-24
PDF

Thanks to all those who got it done. I would name them, but I’m not sure who they all were. Continue reading →

Fishing, boating passage, and navigability in Georgia waters 2023-10-12

Update 2023-12-31: Fishing Access in Georgia: House Committee Report 2023-12-01.

What waterways are navigable? How does navigability apply to fishing rights and private ownership of waterways? What about right of passage? How does the Georgia state constitutional Right to Hunt and Fish apply? And what about GA-DNR boat ramps?

[Access, Navigable, Boat Ramps]
Access, Navigable, Boat Ramps

This controversy started with a lawsuit about the Flint River, but it has already spread to other rivers and creeks, and sooner or later will affect the Suwannee River Basin.

The Chair of the Georgia House Study Committee on the subject is Rep. James Burchett, District 176, which includes southwest Coffee, Atkinson, Lanier, and northeast Lowndes Counties, all in the Suwannee River Basin. Plus he is the County Attorney for Brooks County.

If you know him, maybe you’d like to talk to him about the importance of river passage and public fishing rights. As he is reported to have said, “The intention is to find clarity. The property owners and fishermen all want to know, where can we fish and where can we not?”

Continue reading →

Tell FDEP: stop withdrawing our springs 2023-08-28

According to a 2016 Florida state law, FDEP is supposed to “adopt uniform rules for issuing permits that prevent groundwater withdrawals harmful to the water resources and a uniform definition of the term “harmful to the water resources” to provide water management districts with minimum standards necessary to be consistent with the overall water policy of the state for Outstanding Florida Springs.“

The department’s writeup even says, “The rule is likely to affect consumptive use permitting in the Northwest Florida, Suwannee River, St. Johns River and Southwest Florida water management districts.”

Well, it won’t limit permitting in its current form.

[Agenda for 2023-08-28 and Madison Blue Spring 2022-06-04]
Agenda for 2023-08-28 and Madison Blue Spring 2022-06-04

The Florida Department of Environmental Protection (FDEP) is holding a workshop on development of this rule.

You can ask them to actually follow the law and protect our springs.

That’s 11 AM, Monday, August 28, 2023, at the
Alachua County Headquarters Library, Meeting Room A,
401 E University Ave, Gainesville, FL 32601.

Sierra Club Florida has an RSVP form

Here is the agenda: Continue reading →

Echols County Okefenokee Resolution 2023-08-03

Update 2023-08-10: Chainsaw cleanup, Outings, Boat Ramps, Okefenokee Swamp –Suwannee Riverkeeper @ Clinch County Commission 2023-08-07.

Thanks to the Echols County Commission for passing this resolution last Thursday, August 3, 2023.

[Suwannee River and Agenda, Echols County Commission 2023-08-03]
Suwannee River and Agenda, Echols County Commission 2023-08-03

And thanks to the Echols County citizens who asked the Commission to do that.

A Resolution for the Okefenokee Swamp and against the Twin Pines Minerals strip mine

Continue reading →

Reroute: Sugar Creek and Troupville Withlacoochee River on-land cleanup 2023-07-22

Update 2023-07-22:Pictures: Sugar Creek Withlacoochee River on-land cleanup 2023-07-22.

Due to bad water quality reports for Sugar Creek heard from the City of Valdosta, we are revising the cleanup from a paddle to an on-land cleanup. Please come to Sugar Creek at 9AM to hear where we will go from there.

When: Gather 9 AM, launch 9:30 AM, end 1 PM, Saturday, July 22, 2023

Where: Meet at the back of the Salty Snapper parking lot, 1405 Gornto Rd, Valdosta, GA 31602 and we’ll go to appropriate locations from there.

GPS: 30.861764, -83.318854

[At Langdale Park Boat Ramp: Caution Sewage Spill City of Valdosta --Bobby McKenzie 2023-07-21]
At Langdale Park Boat Ramp: Caution Sewage Spill City of Valdosta –Bobby McKenzie 2023-07-21

Bring: Cleanup materials will be provided, but if you’ve got a trash picker, bring it along. Bring sturdy shoes and clothes, drinking water, and snacks.

There is no need to bring a boat. Continue reading →

Nominating Okefenokee NWR for UNESCO World Heritage List –WWALS 2023-06-28

Update 2024-12-24: Okefenokee National Wildlife Refuge to be Nominated to Join UNESCO World Heritage List –U.S. Department of the Interior 2024-12-20.

This is what we sent to the U.S. Fish and Wildlife Service for their bid to make the Okefenokee National Wildlife Refuge a UNESCO World Heritage Site.

Remember, you can still help stop a strip mine from locating near the Okefenokee Swamp:
https://wwals.net/issues/titanium-mining

[The WWALS letter 2023-06-28 and the old-growth cypress 2021-01-10]
The WWALS letter 2023-06-28 and the old-growth cypress 2021-01-10

It features an old-growth cypress stand with trees 400-500 years old.

[NW: Big Cypress Camp Island, Little Cooter Lake, 30.682969, -82.200123]
NW: Big Cypress Camp Island, Little Cooter Lake, 30.6829690, -82.2001230 seen on a Southwings flight for Suwannee Riverkeeper 2021-01-10.

The WWALS letter

In web form below, and also in PDF and with attachments.

See also the previous WWALS letter of January 26, 2021.

And, among the references cited, thanks to WWALS Science Committee Chair Tom Potter for spotting G. Ronnie Best, et al., “An Old-Growth Cypress Stand in Okefenokee Swamp,” University of Florida, 1984. https://cfw.essie.ufl.edu/wp-content/uploads/sites/312/2020/07/Best-etal-1984-OldGrowthCypressStandInOkefenokeeSwamp-BookChapter.pdf

Continue reading →