Sabal Trail response to WWALS exceptions to ALJ’s Order in WWALS v Sabal Trail & FDEP 2016-01-04

Does this sound like a level playing field to you? Basically Sabal Trail claims “reasonable assurances” mean the pipeline can be completed and that’s a public good for the state of Florida, nevermind any destruction or hazards, while WWALS would have had to demonstrate specific direct damages to many of its members because of pipeline installation just to get standing. A Spectra Energy executive from Houston, Texas automatically has standing to claim safety using evidence from other pipelines and even other pipeline companies,explicitly referencing the U.S. Pipeline & Hazardous Materials Safety Administration, while WWALS and its local members in Florida are precluded from introducing any evidence about safety in the same case, or so Sabal Trail seems to say in its objections filed today 4 January 2016 (PDF) to the judge’s Order in WWALS v Sabal Trail & FDEP.

Seems like the limestone underlying the Floridan Aquifer are not the only cracks and fissures in Florida.

-jsq

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HAAs in Valdosta drinking water 2015-12-21

Valdosta has a water treatment byproduct over the recommended limit in its drinking water. Janet McMahan supplied the image below of part of a notice, which says there’s no cause for alarm at the moment:

HAA5 Warning

There is nothing you need do at this time. These violations do not pose Continue reading →

Ask Congress to have GAO investigate FERC

It’s time to throw a spotlight on FERC’s favoratism. Maya K. van Rossum, the Delaware Riverkeeper, who has been fighting pipeline projects for years, asks all of us to sign a petition to ask two Senators to get the Government Accountability Office (GAO) to “conduct an official investigation into the operations of the Federal Energy Regulatory Commission (“FERC”).”.

Or ask your member of the House of Representatives Continue reading →

WWALS exceptions to judge’s recommended order in WWALS v. Sabal Trail & FDEP

Who could achieve standing or win a case with these criteria?

The judge’s Recommended Order applied the wrong standard as to whether the pipeline is in the public interest (Exception 25), applied an incorrect standard of proof (Exception 16), ignored the additional protections due the Outstanding Florida Waters of the Suwannee and Santa Fe Rivers (Exception 17), and ignored evidence that the granting of a Sovereign Submerged Lands Easement would adversely affect the lands under those rivers (Exception 19), not to mention the Floridan Aquifer.

In alleging WWALS does not have standing, the judge ignored a case previously cited by FDEP (Exception 23), and added an unprecedented factor of “potential injury” that would prevent associations from ever achieving standing unless they could prove the ultimate facts of the case (Exception 14).

Did the judge really mean to imply FDEP’s and Sabal Trail’s own witnesses were not competent when they upon questioning provided testimony that FDEP failed to acquire reasonable assurances that the issuance of an environmental resource permit and easement on sovereign submerged lands would not be contrary to the “public interest” (Exception 15)? If those public servants’ testimony wasn’t competent, how can those same personnel be competent to evaluate permit applications?

These are just a few of the 25 exceptions filed Monday 28 December 2015 by WWALS Counsel William R. Wohlsifer and Leighanne C. Boone. See also the WWALS video of Attorney Wohlsifer’s concluding statement in the hearing.

Here is PDF of the judge’s Recommended Order and PDF of the WWALS Exceptions. Below is the text of those exceptions. Continue reading →

Staten Road Bridge, Withlacoochee River

About 7 miles north of the Lowndes County Courthouse in Valdosta, Georgia, Looking back 30.9328365, -83.2886352 you can get to the Withlacoochee River at the new(-ish) Staten Road Bridge, 30.9324760, -83.2883453. This is at Mile 73.3 on the Withlacoochee River Water Trail.

From Valdosta, go north up Oak Street until Continue reading →

Suwannee County Commissioners lack resolve against Sabal Trail –Lori McCraney in Suwannee Democrat

“Apparently, rural lives matter less than urban lives,” she wrote, giving reasons why county commissions such as in Suwannee County should represent their citizens, not pipeline companies from somewhere else.

Speaking to the Suwannee Board of County Commissioners
Lori McCraney speaking to the Suwannee Board of County Commissioners 17 November 2015.

She sent the whole thing directly, so here it is (I’ve added a few links), along with a link to where it’s published. Lori McCraney, Suwannee Democrat, 24 December 2015, Opinion: Suwannee County commissioners lack resolve against Sabal Trail,

The Suwannee County Commissioners held an emergency meeting earlier this month to finalize a strongly worded letter to the U.S. Army Corp of Engineers opposing the Sabal Trail natural gas pipeline. I am puzzled as to why its contents was, apparently, a surprise to several board members. The commissioners inexplicably reversed their stance and did not approve the letter. Who got to them in the 24 hours leading up to the meeting?

Continue reading →

Waterkeeper Annual Report

Cover Here’s a glimpse of the sea in which WWALS this year became a minnow: the Annual Report of Waterkeeper® Alliance, which has 258 members and affiliates (like WWALS) in 33 countries.

Our coastal Georgia siblings, Savannah Riverkeeper, Ogeechee Riverkeeper, Altamaha Riverkeeper, and Satilla Riverkeeper, are mentioned on page 22 as “beat back Kinder Morgan pipeline”. St Johns Riverkeeper of Jacksonville, Florida was also involved in that.

Waterkeeper and numerous Riverkeepers have also been helping in the fight against the Sabal Trail fracked methane pipeline, as well as with numerous other matters WWALS is involved in. Continue reading →

Swift Creek confluence with Suwannee River

Chris Mericle took this picture today, 20 December 2015, Map of Swift Creek entering the Suwannee River, just east of I-75, in the Swift Creek Conservation Area, in Hamilton County, Florida, at 30.3460222, -82.8268667. -jsq

Confluence with Suwannee River