Tag Archives: DOAH

Judge ruled against WWALS in DOAH case: WWALS fights on

The judge’s ruling was disappointing, but not unexpected. He found for the Respondents Sabal Trail and FDEP on every issue, even standing. WWALS and others will fight on for the Suwannee River, for the Floridan Aquifer, and for the property rights of local citizens against this pipeline boondoggle.

Recommendation Indeed, “the project would result in unavoidable temporary and permanent losses of portions of wetlands along the route.” Mitigation somewhere else, not even in the same watershed, is no excuse. Nor does such “mitigation” stop the eminent domain takings of local Florida citizens’ lands, or the bulldozing of a grandmother’s ashes, for the profit of a company from Houston, Texas.

This ruling, with its rather remarkable irregularities, appears to provide additional grounds for appeal beyond those we already knew. The judge repeatedly said in the hearing, and we quoted in the WWALS Proposed Recommended Order, that activities such as boating, swimming, fishing, and scuba diving counted for standing, yet his Order only accepts Continue reading →

Deadlines for Sabal Trail comments: Army Corps, FERC, Suwannee County

Due to widespread opposition to Sabal Trail’s invading fracked methane pipeline, the Corps extended its deadline 60 days, and FERC slipped a month. Deadlines coming up this week and next.

This Friday, December 11, 2015:
Deadline to comment to the U.S. Army Corps of Engineers (USACE)
The Corps wants comments on cumulative effects, including from local governments and other organizations, as well as individuals. No Corps permit, no pipeline.

Sabal Trail pipeline challenged by recommended order, plus Suwannee County resolution tonight

FOR IMMEDIATE RELEASE

Sabal Trail pipeline challenged by recommended order, plus Suwannee County resolution tonight

Jasper, Florida, November 17, 2015 — The day after WWALS filed its Proposed Recommended Order (PRO) in WWALS v. Sabal Trail & FDEP saying FDEP didn’t do proper due diligence on what Sabal Trail’s application, especially for the Outstanding Florida Waters of the Suwannee River and the Santa Fe River, the Suwannee County Commission is considering tonight a resolution against Sabal Trail’s proposed Hildreth Compressor Station.

Suwannee County resident Debra Johnson remarked,

“How about nowhere in our county. It’s like who wants this dangerous compressor station in Suwannee County ANYWHERE?”

David Shields testified at the hearing in Jasper that he had purchased land in Suwannee County because: Continue reading →

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 →

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 →

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

Dennis Price cross-examination 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.

Come to the hearing, WWALS v. Sabal Trail & FL-DEP, Jasper, FL 2015-10-19

We aim to win through evidence and argument! If we can stop either the Environmental Resource Permit (ERP) or the Easement to Use Sovereign Submerged Lands (Easement) that the Florida Department of Environmental Resources (DEP) intends to issue for Sabal Trail, there may be no pipeline.

Witnesses can still come forward to testify for the Suwannee or other Rivers, the Florida Aquifer, or their own land, water, and air against Sabal Trail. WWALS invites the public to attend; This is a court of law, so please be polite, and silent while proceedings are in progress.

Here’s some background on the case. Below is Judge Canter’s order of this morning about place, date, and time (PDF): Continue reading →

Judge assigned for WWALS v. Sabal Trail and FL-DEP

Here’s the letter DOAH sent Friday 4 September 2015 that we received on paper yesterday. Fortunately, it’s also online along with the rest of Case No: 15-004975. It’s been assigned Judge Bram D. E. Canter.

STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS

 
 
 
Case No. 15-4975
15-0468

 
WWALS WATERSHED COALITION, INC.,

      Petitioner,

vs.

SABAL TRAIL TRANSMISSION. LLC AND
DEPARTMENT OF ENVIRONMENTAL PROTECTION,

      Respondent.
/

INITIAL ORDER

Initial Order
  1. Any document filed with DOAH by a party represented by an attorney shall be filed by electronic means through eALJ located at www.doah.state.fl.us. Parties not represented by an attorney may file by electronic means through eALJ. Any document filed through eALJ shall include the filing party’s e-mail address and be served upon all other parties. All pleadings and motions must contain the DOAH style and case number.
  2. THE AGENCY OR, WHERE THE AGENCY IS NOT A PARTY, THE PETITIONER SHALL COORDINATE WITH ALL PARTIES AND PROVIDE THE FOLLOWING INFORMATION WITHIN SEVEN DAYS Continue reading →