Tag Archives: court

California court requires higher ag. runoff controls

If California can do it, so can Florida. The petition deadline for FDEP’s Basin Management Action Plans (BMAPs) got pushed back to January 2019, so we shall see.

Sara Rubin, Monterey County Weekly, 20 September 2018, Victory for Monterey Coastkeeper as court rules regulations for ag runoff fall short,

Even California’s water quality law, the Porter-Cologne Act, recognizes the challenge. A 2004 addendum about nonpoint source pollution put it this way: “Current land use management practices that have resulted in nonpoint source pollution have a long and complicated physical, economic and political history… Therefore, it is expected that it will take a significant amount of time for the [regional water boards] to approve or endorse nonpoint source control implementation programs.”


Photo: Nic Coury, “Otter Project Director Steve Shimek stands near the Monterey County Water Resources Agency’s Blanco Drain, which conveys ag runoff exceeding state water quality standards to the Salinas River,” in Court slams Central Coast farm runoff rules as too weak, orders water quality improvements, by Sara Rubin, Monterey County Weekly, 14 August 2015.

That time, according to the Court of Appeal for California’s Third District, has come. A Sept. 18 decision Continue reading →

From pipelines to renewable energy and efficiency –Sierra Club 2017-08-29

“Once the court officially returns the matter to FERC, the pipeline should cease operations while FERC undertakes the new analysis,” wrote Elly Benson, lead attorney for the case Sierra Club just won against Sabal Trail.

She summed up: ”Instead of sacrificing our communities and environment to build unnecessary pipelines that “set up surefire profits” for pipeline companies at the expense of captive ratepayers, the focus should be on transitioning to clean renewable energy and energy efficiency—especially in the Sunshine State. Forcing federal agencies to grapple with the true climate impacts of dirty fossil fuel projects is a big step in the right direction.”

She leads off this fourth in a WWALS news roundup series (1, 2, 3) about that case, followed by Gordon Rogers, Flint Riverkeeper, another party to the case.

WWALS is not a party to that case and does not speak for the parties, so I can be a cheerleader for them. Shut it down! Let the sun rise!

How many pipelines do we want? None! When do we want it? Never!
How many pipelines do we want? None! When do we want them? Never! —WWALS at the Sabal Trail Suwannee River crossing, 15 August 2015.

Access to rivers: legal issues

Legal access to rivers and other waterways in Georgia is unclear, and federal law may trump state law anyway.

Dan Washburn wrote some time in 2000 for The Times of Gainesville, GA, Access denied: Owners, users spar over land, which applies as much to the rest of Georgia as to north Georgia:

Photo by Tom Reed The conflict in North Georgia is a confusing amalgam of the old and the new, of state and federal laws, of mountains and streams. Its cast of characters includes landowners and land managers, bureaucrats and businessmen, environmentalists and adventure seekers — and lawyers, plenty of lawyers.

And much of it involves a splitting of legal and philosophical hairs that would make Mother Nature and Uncle Sam cringe.

Nowhere has this tug-of-war played out more dramatically than on Georgia’s rivers and streams, where the dispute over what is public and what is private is as murky as the Chattahoochee River after a hard rain.

There’s a lot more in the article, including this box:

Getting to the water an issue for paddlers, anglers alike

Continue reading →