Tag Archives: eminent domain

Rights to Clean Water, Air, and Land

Update 2021-06-15: Right to Clean Water, and four more Florida ballot initiatives 2021-05-20.

Update 2021-02: New York State Environmental Rights Amendment for November 2021 ballot: “Each person shall have a right to clean air and water, and a healthful environment.”

See also the 1972 Montana precedent.

Update 2021-02-24: The regulatory trap at SRWMD: 30 speakers, yet unanimous Nestlé permit 2021-02-23.

Update 2021-01-31: Green Amendment Passes in the New York State Legislature.

Update 2021-01-22: Orange County, Florida (home of Orlando) passed a Bill of Rights for Nature, becoming the most populous local government area in the U.S. to do so; see below.

Does it seem most of the agencies, laws, and rules are rigged for big corporations and against local private property rights, against local fishing, swimming, boating, and hunting, and against organizations like Riverkeepers and Waterkeepers?

[Sabal Trail fracked methane pipeline, titanium mine too near Okefenokee Swamp, Suwannee River Basin]
Sabal Trail fracked methane pipeline, titanium mine too near Okefenokee Swamp, Suwannee River Basin.
See also WWALS map of all public landings in the Suwannee River Basin.

One approach to change that is a Bill of Rights for Nature (BOR), to change the legal structure so rivers, swamps, aquifers, lakes, etc. presumptively have rights that corporations have to prove they are not violating. There are at least three ways to do this: personhood for a waterbody, a Bill of Rights for Nature spelling out specific rights such as to exist and to flow unpolluted, or human rights to clean air and water, commonly known as a Green Amendment.

Examples

First, here are some examples of why rights of nature would be useful.

Example: a titanium strip mine proposed too near the Okefenokee Swamp

For example, Suwannee Riverkeeper is helping oppose a company that wants to mine titanium within three miles of the Okefenokee Swamp, which is the headwaters of the Suwannee and St. Mary’s Rivers, and above the Floridan Aquifer, from which all of south Georgia and north Florida drinks.

[Tribal Grounds west along GA 94 to TPM equipment, 12:38:38, 30.5257540, -82.0411100]
Tribal Grounds west along GA 94 to TPM equipment, 12:38:38.
Photo: John S. Quarterman for WWALS, on Southwings flight, pilot Allen Nodorft, 2019-10-05.

We shouldn’t have to get more than 20,000 60,000 comments sent to the U.S. Army Corps of Engineers pointing out that the Okefenokee National Wildlife Refuge contributes far more jobs (700+) and other economic benefits (more than $60 million/year) to the region and to Florida and Georgia than even the wildest promises of the miners (150-200 as in the application? 300? 350, as they told some reporters?), and the mine would risk all that, including boating, fishing, and birding in the Swamp and hunting around it. We should be able to point to the rights of the Swamp, Rivers, and Aquifer, and the miners should have to prove beyond a shadow a doubt that they would not violate them.

Update 2021-01-22: And then the Army Corps abdicated oversight in late 2020, leaving only the State of Georgia standing between the miners and Swamp with their five permit applications to the Georgia Department of Environmental Protection.

[Twin Pines Minerals mine land, maps, Cherokee of Georgia Tribal Grounds]
Twin Pines Minerals mine land, maps, Cherokee of Georgia Tribal Grounds, photographs by Southwings pilot Chris Carmel on a flight for Suwannee Riverkeeper, 2021-01-10.

You can help, by asking the Georgia Governor and other elected and appointed officials to reject or at least thoroughly review those permit applications.

Example: the Sabal Trail fracked methane pipeline

When the Georgia House of Representatives overwhelmingly refused to grant easements for the Sabal Trail fracked methane pipeline to drill under Georgia rivers, Continue reading

Appeal against pipeline eminent domain to U.S. Supreme Court 2019-03-13

Ain’t that the truth: “The upshot of this is that the pipeline companies get everything they want, and the property owners get nothing.”

[Transco]
Transco

A lasting solution would be to remove private eminent domain from the Natural Gas Act (NGA), as proposed by the Georgia House of Representatives in 2017. Meanwhile, this Writ attempts at least to limit the damage.

[Question]
Question

This Pennsylvania case is about Transcontinental Pipeline Company (Transco), which is also behind the Hillabee Expansion Project in Alabama, the source of Sabal Trail’s fracked methane in the Continue reading

Video: Paddle races, water trails, and Sabal Trail jury trials; Suwannee Riverkeeper on WGOV Radio 2018-09-13

Thanks to Steve Nichols for having me on The Morning Drive with Steve Nichols, 105.9FM WVGA. We talked about water trails, paddle races, and the Sabal Trail pipeline federal eminent domain jury trials, which were being settled as we spoke. Also we hear the Naylor Boat Ramp will be finished soon by Lowndes County.

On air, Movie

As I asked Steve about the three jury trials:

This is about federal eminent domain for the Sabal Trail pipeline.

SN: That’s right.

Now they already built the pipeline. But for these landowners, they sued them for the eminent domain. They do not have a written agreement with the landowners. They have not paid them a cent. But they already built the pipeline. Does that sound right to you? Continue reading

Four Three Sabal Trail Jury Trials in Valdosta, GA 2018-09-10

Update 2018-09-13: The outcome.

Update 2018-09-12: The second day.

Update 2018-09-10: Gretchen Quarterman and Janet Barrow attended the jury selection this morning, and will report in detail this afternoon. One difference from last time is this time jurors were asked if they knew Randy Dowdy, Wavel Robinson, or Sandra Jones. Perhaps not coincidentally, FERC required Sabal Trail to report on topsoil mixing for all three. Jones is also the remaining eminent domain case not being tried this week. The other three actual trials, yes, all with the same jury, start this afternoon at 1:30 PM.

Update 2018-09-05: According to a usually reliable source the Jones trial will be in January, so that’s three trials next week. Also, all three trials will be heard by the same jury. Given that each of the defendants has a different kind of property, that sounds to me like the circus come to town.

You can come see four more eminent domain jury trials start next week in Valdosta, after Sabal Trail lost the first one. Jury selection will start 9AM Monday morning, September 10, 2018. The actual trials could start that afternoon, and may run all week. You can’t take much into the courtroom, but there’s a public sidewalk out front, and there will probably be a TV reporter there part of the time.

Cases No. 4:16-cv-092 (Jones), -104 (Isaacs), -107 (GBA Ass.), -113 (Bell), Federal Building, Valdosta, GA

When: Jury selection 9AM Monday morning, September 10, 2018.
Trials could start that afternoon, and may run all week.

Where: Main Courtroom, Second Floor, U.S. District Court
401 N Patterson St., Valdosta, GA 31601

Event: facebook, meetup

The first case was for W. Lynn Lasseter of Moultrie, to whom the jury awarded five times what Sabal Trail offered. So apparently these trials will be for landowners all of whom, Continue reading

Spectra responds in pipeline certificate rulemaking 2018-08-24

As we’ve seen so often in the Sabal Trail docket, Spectra seems to be acting in place of FERC, responding yesterday to thousands of comments on FERC’s certificate rulemaking.

Spectra’s bottom line: a pipeline company’s bottom line matters more than the Fifth Amendment due process, or water, air, or safety. See page 25:

Contrary to some commenters’ arguments, the Commission’s public interest determinations are not rendered insufficient under the Fifth Amendment public use requirement because the Commission considers precedent agreements among applicants and affiliates to be evidence of public benefits.

Spectra repeatedly argues that FERC does not have authority to consider hardly anything other than whether the pipeline company has customers, yet FERC has authority to give eminent domain to private corporations and to let them gouge through our lands and under our rivers without local agreement or payment first.

Page 9: Tolling Orders, Pages

In this election year, you can ask every candidate for statehouse or Congress whether they support Continue reading

Farm Bureau pipeline and solar power policies 2018

Pipelines and rivers run through and by farms, and many farmers have solar panels, so it’s interesting to see what Farm Bureau has for energy policies.

Farm Bureau is for fixing FERC by revising the laws that let the Federal Energy Regulatory Commission reimburse Congress from fees and charges on the companies it supposedly regulates. Many of Farm Bureau’s pipeline policies are good and sound like it listened to Randy Dowdy. It gets hardcore about eminent domain. There are even a couple of items that, if law, would have been very useful in the recent and upcoming Sabal Trail eminent domain jury trials.

It has some very good solar energy policies, and it is for renewable energy, including incentives; even an electric car policy.

Not all is good. Farm Bureau is for “clean coal”, fracking, nuclear power, and oil and gas exploration everywhere. It never mentions wind power without mixing it with dirtier energy sources.

Title, Policy Book

This is all from FARM BUREAU® POLICIES FOR 2018: Resolutions on National Issues Adopted by the Voting Delegates of the Member State Farm Bureaus to the 99th Annual Meeting of the American Farm Bureau Federation®, Nashville, TN, January 2018.

Some of the policies are weirdly categorized: Continue reading

Deadline for FERC rulemaking comments 2018-07-25

In addition to probably signing onto comments by a larger entity, WWALS is preparing comments for FERC in response to its Notice of Inquiry (NOI) about “Certification of New Interstate Natural Gas Facilities”. FERC’s current deadline is this Wednesday, 25 July 2018. Please send any suggestions you may have to wwalswatershed@gmail.com. Or file your own comments. Apologies for the late request.

Here’s what FERC has asked for:

In the NOI, the Commission sought input on whether, and if so how, the Commission should adjust: (1) its methodology for determining whether there is a need for a proposed project, including the Commission’s consideration of precedent agreements and contracts for service as evidence of such need; (2) its consideration of the potential exercise of eminent domain and of landowner interests related to a proposed project; and (3) its evaluation of the environmental impact of a proposed project. The Commission also sought input on whether there are specific changes the Commission could consider implementing to improve the efficiency and effectiveness of its certificate processes including pre-filing, post-filing, and post-order issuance.

South Georgia and north Florida
Sabal Trail through south Georgia and north Florida.
Map by Geology Prof. Can Denizman for WWALS.net, 17 September 2016, as part of Sabal Trail maps digitized.

Here are some relevant documents, starting with a how-to in case you want to file your own comments directly with FERC: Continue reading

WCTV: Celebrating victory against Sabal Trail

Emma Wheeler, WCTV, 27 June 2018, Landowners, environmentalists celebrate ‘small victory’ over Sabal Trail,

The Sabal Trail natural gas pipeline was granted eminent domain in order to run through some of the private properties along its path. In doing so it was required to offer what the defense calls ‘just compensation.’

Eminent domain

One Moultrie land owner was offered around $20,000 for an easement on his property. This week a jury, siding with the land owner, decided that was not enough.

Sabal Trail is now ordered to pay five times that amount, more than Continue reading

Sabal Trail loses jury trial in Valdosta, GA 2018-06-26

FOR IMMEDIATE RELEASE

June 26, 2018, Valdosta, GA — The jury deliberated a bit less than an hour two hours, delivering a verdict just before 7PM tonight: $103,385 for easement and $4,531.50 for timber. The figures offered by Sabal Trail were $19,979 for easement and $4,117 for timber. Assuming these numbers transcribed from various speakers are correct, the jury awarded five times what Sabal Trail offered for the pipeline easement and somewhat more than their offer for timber.

“When Sabal Trail goes to jury trial, it loses,” said Suwannee Riverkeeper John S. Quarterman.

Here are the winners, waiting in the hall before the jury came back:

Fred Jones, Lynn Lasseter, Jonathan Waters, Reese Waters
The winners: Fred Jones, Lynn Lasseter (Defendant), Jonathan Waters (attorney), Reese Waters (attorney’s assistant)

This jury verdict from the U.S. Court, Middle District of Georgia, is very similar to Continue reading

Sabal Trail Jury Selection 2018-06-25

When I started out the day, I wasn’t planning on spending the morning watching jury selection but I did. Honestly, everyone should go observe court our government in action now and then. Voir dire!
I knew that electronic devices weren’t allowed so I left my phone in the car. I couldn’t find any paper so I used Moonwalking with Einstein to remember things.

Electronic devices shall not be utilized

I arrived at the Federal Building about 9:15AM and noticed the changes since the post office moved out. The only thing you can do is go into the elevator. I took the elevator to the second floor to the security screening but had to go back to the car to get ID. I successfully negotiated security by 9:30AM.

When I actually arrived, jury selection was Continue reading