Tag Archives: ALJ

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 →

Videos: More WWALS witnesses, rebuttal, Spectra speaks, and WWALS counsel summation in Day 3, WWALS v. Sabal Trail & FDEP 2015-10-21

Willard Randall, expert welder Sabal Trail didn’t want to hear that Sierra Club is funding part of WWALS’ legal expenses and they really didn’t want to hear about Spectra’s speckled history of safety and compliance. The Respondents also didn’t expect the WWALS pipeline welder expert witness in this third and last day of the final hearing.

DEP tried to argue their own key applicant process substance person couldn’t qualify as an expert witness for WWALS. A sitting Suwannee County Commissioner testified. A fireman who lives near the proposed compressor station said a few words about Sabal Trail saying one thing and doing another. A string of WWALS witnesses talked about generations of use and enjoyment, joining WWALS because WWALS took in the upper Suwannee as territory, more new WWALS members, WWALS as a Waterkeeper® Alliance Affiliate.

The Respondents rebuttal witnesses were 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 →