Tag Archives: Department of Environmental Protection

WWALS files Proposed Recommended Order with DOAH 2015-11-16

DEP failed to sufficiently review or verify Sabal Trail’s application, failed to timely place comments from affected landowners in the public record, and disregarded heightened protection requirements of Florida Outstanding Waters. Sabal Trail admitted Spectra Energy is its operator in perpetuity, and that horizontal directional drilling could adversely affect water quality of the Suwannee River, yet DEP failed to adequately consider such effects. DEP professed to be unaware of other potential risks such as crossing existing pipelines, including the Southern Natural Gas pipeline. Springs, fragile karst geology, leaks, LiDAR, and geologic collapse: all insufficiently considered by DEP. Sinkholes, springs, and gopher tortoises pointed out by landowners never examined by Sabal Trail or DEP.

A Spectra Energy executive from Houston deigned to come to “the middle of nowhere” to tell us they’d use thinner pipe in low population areas such as Suwannee County. He testified at length about Spectra’s safety history, even Continue reading →

Sabal Trail through Lowndes past Clyattville Elementary School

The invading pipeline would pass within about one mile of Clyattville Elementary School where it would cross Clyatt Mill Creek and then Railroad Avenue, at about 30.680638, -83.326501.

This would be after crossing the Withlacoochee River from Brooks into Lowndes Counties just north of US 84, and before crossing Jumping Gulley Creek and the state line into Hamilton County Florida, where the hearing was held in Jennings for WWALS v. Sabal Trail & FDEP.

You can see the general route in the Cover Map. After crossing the Withlacoochee River, Sabal Trail would cross Martin Lane and Tiger Creek, then Continue reading →

EPA letter could change pipeline path –Jasper News

Sabal Trail won’t comment in Florida about the EPA letter to FERC that validates what WWALS and many others have been saying, although Sabal Trail did comment in Georgia.

Carl McKinney, Jasper News, 5 November 2015, front page, apparently not online, EPA letter could change course of gas pipeline,

…In an Oct. 20 letter, the EPA maintained it always had serious concerns about the project, and recommends the approximately 515-mile-long pipeline’s path be redrawn to avoid environmentally sensitive areas in Florida.
Now, the WWALS Watershed Coalition environmental group has filed to get the letter admitted as evidenm in a legal challenge to prevent the Florida Department of Environmental Protection from issuing a permit for the project, said WWALS president John Quarterman.

“It validates everything we’ve been saying,” he said.

Here is that EPA letter to FERC.

Last month, WWALS and Tallahassee attorneys representing Sabal Trail met face-to-face at Continue reading →

Ocala StarBanner heard the EPA watchdog bark

Will the Suwannee County BOCC heed this call?

Editorial, Ocala StarBanner, 29 October 2015, A public watchdog when one’s needed

For more than two years opponents of the Sabal Pipeline have been denouncing the natural gas pipeline project as a threat to North Florida’s groundwater supply and sinkhole-prone geology, only to be waved off by state and federal regulators. It seemed those empowered to protect the people’s interests were not listening.

That is, until this week. At the 11th hour of the public comment [period, the U.S. Continue reading →

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

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 →

Videos: WWALS witnesses in Day 2, WWALS v. Sabal Trail & FDEP 2015-10-20

DEP’s only witness yesterday, today also a witness for WWALS, couldn’t find a document she needed in the Respondents’ cartload (literally) of documents, not even with the help of five Respondent attorneys, yet everyone could find items in the two WWALS exhibit books quite readily.

We also learned that concerns were irrelevant, only actual effects on WWALS members count, which made it too difficult for Merrillee Malwitz-Jipson to get qualified as an expert witness, even though she has assisted DEP and SRWMD in environmental issues. And we couldn’t talk about air quality issues, since DEP already issued an air quality permit for the Sabal Trail Hildreth compressor station in Suwannee County, so what David Shields could talk about was very limited, even though he and his family with their organic farm live downwind of that compressor station. However, WWALS expert witness Dennis Price hit geological questions out of the ballpark. And a cow did fall into a sinkhole.

Here are WWALS videos of each witness, followed by a video playlist. See also much more about this case, including videos of the other two days, and how you can help WWALS defend our members, the Suwannee River, and the Floridan Aquifer.

1. Preliminary Issues, Introductions – Merrillee Malwitz-Jipson -DOAH 15-4975 – day 2 – 2015-10-20 Continue reading →

Videos: Sabal Trail’s case in WWALS v. Sabal Trail & FDEP 2015-10-19

Surprise WWALS attorneys and mounds of Sabal Trail and FDEP documents, yet missing documents, overlooked gopher tortoises, and springs that apparently none of the respondents went to see, all in these WWALS videos of the first day of the case WWALS brought to defend its members, the Suwannee River, and the Floridan Aquifer against the invading Sabal Trail pipeline and the Environmental Resource Permit (ERP) and Easement to Use Sovereign Submerged Lands (Easement) the Florida Department of Environmental Protection (FDEP) intends to issue to Sabal Trail.

Petitioner WWALS presented a surprise: two attorneys. Respondents Sabal Trail and FDEP presented a mound of documents. That was all in preliminary matters.

Then Sabal Trail presented its prima facie case, through its witnesses David Shammo and David Dickson.

Per previous agreement among the parties, WWALS presented out of order two witnesses, Tom Edwards and Joe “Britt” McClung.

Then Sabal Trail continued with witness Jim Ambrosino

Towards the end of the day, FDEP’s sole witness Lisa Prather testified.

Here’s a link to much more information including vidoes of the other two days of the hearing, and how you can continue to contribute to the IndieGoGo crowdfunding campaign for legal expenses (there will almost certainly be an appeal) or join WWALS.

Below are WWALS videos of Day 1, followed by a video playlist.

Call to Order and Introductions – DOAH Hearing 15-004975 Continue reading →

The ant testifies against the dinosaur: WWALS v. Sabal Trail & FDEP continues 2015-10-21

It’s hard to qualify as an expert, but WWALS members count, too, as we defend the Suwannee and Santa Fe Rivers and the Floridan Aquifer against the Sabal Trail pipeline invader. Continuing this morning at 10AM in Jasper, Florida!

When: 10 AM Wednesday 21 October 2015

Where: Hamilton County Board of Commissioners Chambers,
207 NE First Street
Jasper, Florida 32052

What: WWALS v. Sabal Trail & FDEP
Defending the Suwannee River and our water, land, and air against the invading Sabal Trail fracked methane pipeline Continue reading →

E-comment to FERC ASAP, especially experts

Merrillee Malwitz-Jipson says: “Please consider saying something and be counted.” Here’s How to send an ecomment to FERC.

You can ecomment today on FERC docket number CP15-17 against the Sabal Trail fracked methane pipeline invading Alabama, Georgia, and Florida.

Until December 11, 2015 you can also send comments to the U.S. Army Corps of Engineers against Sabal Trail’s use of rivers and wetlands. You can do this for any of Florida, Georgia, or Alabama.

In Georgia, you can send comments to Continue reading →

The ant with two attorneys: WWALS v. Sabal Trail & FDEP Monday 2015-10-20

The ant continues against the dinosaur this morning!

When: 10 AM Tuesday 20 October 2015