Tag Archives: Floridan Aquifer

WWALS exceptions to judge’s recommended order in WWALS v. Sabal Trail & FDEP

Who could achieve standing or win a case with these criteria?

The judge’s Recommended Order applied the wrong standard as to whether the pipeline is in the public interest (Exception 25), applied an incorrect standard of proof (Exception 16), ignored the additional protections due the Outstanding Florida Waters of the Suwannee and Santa Fe Rivers (Exception 17), and ignored evidence that the granting of a Sovereign Submerged Lands Easement would adversely affect the lands under those rivers (Exception 19), not to mention the Floridan Aquifer.

In alleging WWALS does not have standing, the judge ignored a case previously cited by FDEP (Exception 23), and added an unprecedented factor of “potential injury” that would prevent associations from ever achieving standing unless they could prove the ultimate facts of the case (Exception 14).

Did the judge really mean to imply FDEP’s and Sabal Trail’s own witnesses were not competent when they upon questioning provided testimony that FDEP failed to acquire reasonable assurances that the issuance of an environmental resource permit and easement on sovereign submerged lands would not be contrary to the “public interest” (Exception 15)? If those public servants’ testimony wasn’t competent, how can those same personnel be competent to evaluate permit applications?

These are just a few of the 25 exceptions filed Monday 28 December 2015 by WWALS Counsel William R. Wohlsifer and Leighanne C. Boone. See also the WWALS video of Attorney Wohlsifer’s concluding statement in the hearing.

Here is PDF of the judge’s Recommended Order and PDF of the WWALS Exceptions. Below is the text of those exceptions. Continue reading →

EPA chooses to believe Sabal Trail’s intent over Sierra Club and WWALS warnings

It looks awful strange when EPA chooses to name and believe Florida Audubon, which agrees with Sabal Trail, but doesn’t even name Sierra Club, when discounting SC’s much larger concerns. Why should EPA, or we, believe Sabal Trail’s “intent” when Sabal Trail’s parent company, Spectra Energy, has repeatedly not even followed federal law or its own corporate procedures?

Addresses Bruce Ritchie, Politico, 16 December 2015, EPA reverses course on several Sabal Trail pipeline issues,

TALLAHASSEE — The U. S. Environmental Protection Agency has reversed itself on numerous points in opposition to a proposed natural gas pipeline that would extend from Alabama across Southwest Georgia and North Florida.

In October, the EPA said in a letter to the Federal Energy Regulatory Commission (FERC) that it had “very significant concerns” that the proposed route posed a threat to the Floridan Aquifer, the drinking water supply for much of the region. The agency also raised concerns about the pipeline’s impact on wetlands, conservation lands, and minority communities in the region.

But in a Dec. 11 letter sent to the Army Corps of Engineers, the EPA’s James D. Giattina said the agency had met with representatives of Sabal Trail Transmission LLC and reviewed the company’s comments sent to the Federal Energy Regulatory Commission. As a result, the EPA has come to different conclusions on several issues.

The EPA’s change of heart raises suspicions for Frank Jackalone, senior organizing manager for the Sierra Club in Florida.

Continue reading →

WWALS not surprised by pipeline ruling; fights on –WTXL 2015-12-14

“We see no reason to risk local citizens’ property, or taxes, or their drinking water, John S. Quarterman or any part of the ecology for a profit for a company from some other state,” on WTXL in Florida’s state capital, Tallahassee, yesterday.

Brittany Kleinpeter, WTXL, Tallahassee, Florida, 14 December 2015, Environmental Group is Not Surprised by Judge’s Decision, Continue reading →

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 →

Suwannee BOCC backs down against Sabal Trail 2015-12-10

Chairman Bashaw cited “economic impact” and backed down, according to Debra Johnson by telephone and Bridge broken at river and Carl McKinney on twitter. SBOCC meets again Tuesday evening, and people may want to tell them what they think about this.

Debra says Sessions also backed down, and one of them referred to natural gas as a “bridge fuel”, an old position Sierra Club abandoned years ago after realizing methane is a bridge to nowhere, because it is a worse greenhouse gas than carbon dioxide. Apparently they talked to somebody named Evans (presumably Mark R. Evans) of the Army Corps Jacksonville office and somebody from Orlando, presumably a Sabal Trail contractor.

So after calling an emergency meeting and drafting an excellent letter the Suwannee County Board of Commissioners fell for misinformation from fracked methane proponents and backed down.

A bridge to nowhere: methane emissions and the greenhouse gas footprint of natural gas, Continue reading →

To protect the aquifer and to protect the river: Suwannee County against Sabal Trail 2015-12-01

Standing on their previous resolution against the Hildreth compressor station, SBOCC decided to vote next time on a much stronger resolution to keep the pipeline completely out of Suwannee County. Will Sabal Trail show up for that meeting, 15 December 2015, like Andrea Grover told Carl McKinney of the Suwannee Democrat they would if they had advance notice? I suggest all interested parties come to tha meeting to see, not to mention to counter any “information” Sabal Trail may supply.

Here is SBOCC’s own video of that meeting, in which you can see Commissioner Larry Sessions raise the issue:

Commissioner Larry Sessions I’d like to discuss one thing. Last meeting we discussed at length the Sabal Trail issues, possibly coming through our county and crossing the river a couple times.

I’d like to propose that staff make up a letter or a proposal to restrict the pipeline or maybe have the pipeline avoid all karst areas and wetlands coming through our county. We’re trying to Continue reading →

Sabal Trail pipeline route discussion, Suwannee Board of County Commissioners, 2015-12-01

Beyond asking to move the Sabal Trail compressor station, the Suwannee County Board of Commissioners (SBOCC) will consider what else it wants.

218 Parshley St. SW, Live Oak, FL 32064 SBOCC Meeting — Sabal Trail pipeline route discussion by SBOCC tonight — I was told — 6 pm Parshley Street in Live Oak — right behind Post Office off Ohio Ave (MLK BLVD).

Please attend if able. —Debra Johnson

Will Sabal Trail continue to hide behind the federal Pipeline Safety Act even after two more whistleblowers have come forward about Spectra Energy?

Will Sabal Trail again Continue reading →

Suwannee County, FL sends resolution against Sabal Trail to FERC 2015-11-30

The one county targetted by every path proposed by Spectra Energy Resolution: move it for its Sabal Trail fracked methane pipeline, Suwannee County, Florida, has told FERC it passed a resolution wanting the Hildreth compressor station moved.

Filed with FERC 30 November 2015, Accession Number: 20151130-0023, “A Resolution of the Board of County Commissioners of Suwannee County, Florida etc re Sabal Trail Transmission, LLC under CP15-17.” (PDF on WWALS website.)

For the text, see the previous post. Below are images. Continue reading →

DEP neither acknowledged nor addressed the EPA concerns raised by WWALS –Politico

National news notes Florida doesn’t want DOAH to listen to EPA about Sabal Trail, after WWALS asked DOAH to do so.

DEP over EPA Bruce Ritchie, POLITICO Florida, 25 November 2015, Scott administration helped keep scathing EPA pipeline report out of legal challenge,

TALLAHASSEE — Gov. Rick Scott’s top environmental agency helped block a scathing federal report outlining environmental concerns from being submitted as part of a challenge to a controversial natural gas pipeline that would run across some of Florida’s most “environmentally sensitive areas.”

The Sabal Trail pipeline, a joint venture of Spectra Energy, Duke Energy and Florida Power & Light Co.’s parent company, would extend 515 miles from central Alabama to Osceola County. The project, which covers more than 260 miles in Florida, faces a legal challenge to a state permit in Florida from an environmental group named the WWALS Watershed Coalition.

On Oct. 26, the U.S. Environmental Protection Agency wrote to the Federal Energy Regulatory Commission, saying it had “very significant concerns” about Continue reading →

Silver Springs, FL, benefit for Florida Springs Institute

WWALS is a member of the Florida Springs Council (FSC), which is headquartered at Florida Springs Institute (FSI).

The Florida Springs Institute is hosting its end-of-year benefit at Silver Springs this year on December 11 from 6-9 p.m.

and we would like to extend an invitation to all FSC organizations and their members to join us for this fun-filled event. Our keynote speaker for the evening is the former SJRWMD and SWFWMD Executive Director and current author of the blog, SWFWMD Matters (http://swfwmdmatters.blogspot.com/), Emilio “Sonny” Vergara. Tickets for the event are $75 and include admission to Silver Springs State Park and the Silver River Museum, food and drinks, and an opportunity to meet and hear from well-known springs advocates. There will also be a silent auction and a raffle for a Silver River boat tour for 20 people! All proceeds will benefit the work of FSI, a nonprofit organization.

Silver Springs is a famous example of water problems throughout Florida and south Georgia. Greg Allen, NPR, 13 April 2013, Now Endangered, Florida’s Silver Springs Once Lured Tourists, Continue reading →