Tag Archives: Law

Judge agrees with voters: Titusville Right to Clean Water Charter amendment is legal 2023-05-22

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In a big win for Right to Clean Water (RTCW) in Florida, a judge sided with the voters who passed a Titusville charter amendment. Addressing every point of a Motion for Summary Judgement for Declaratory Judgment filed by the City of Titusville, the judge denied that motion and granted the request by Speak Up Titusville, Inc. to require the City to certify the Amendment.

[Right to Clean Water and Sand Point Park Sewer polluted water flowing to Indian River Lagoon 2021-04-24 --Florida Today]
Right to Clean Water and Sand Point Park Sewer polluted water flowing to Indian River Lagoon 2021-04-24 –Florida Today

Registered Florida voters, please sign the statewide petition to put a state constitutional amendment on the ballot:
https://www.floridarighttocleanwater.org/ Continue reading →

Moody AFB EIS for Comprehensive Airspace Initiative 2023-05-16

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WWALS got a paper letter dated May 16, 2023, which says, “The [Department of the Air Force (DAF)] is publishing a Notice of Availablitlity (NOA) in the Federal Register announcing the availability of the Final Environmental Impact Statement for the Comprehensive Airspace Initiative at Moody Air Force Base, Georgia. The publication of the NOA on 19 May 2023 begins a 30-day waiting period that closes on 18 June 2023.”

[Proposed Action & Alternatives, Moody AFB EIS]
Proposed Action & Alternatives, Moody AFB EIS

Apparently you can still send in comments during that 30-day period, but since there has been a long previous public comment period, it does not seem likely many further changes will be made.

All the documents are available from:
https://moodyafbairspaceeis.com/

They are also available Continue reading →

Valdosta annual stormwater reports to GA-EPD 2023-02-14

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Back in December, Valdosta got a five-year renewal of its stormwater permit by GA-EPD. I noticed that the renewal process requires updating the city’s Best Management Practices (BMPs) by June 4, 2023. And the permit requires annual reports.

Here are the last five years of Valdosta annual stormwater permit reports, in 1051 files.

https://drive.google.com/drive/u/1/folders/1MOOnrGRNitnaD1pxmSrxM54qDtG4vhgm

They must be valuable: Valdosta charged WWALS $106.53 to satisfy the open records request.

[Two Mile Branch water quality, Pond inspection list, Pond enforcement]
Two Mile Branch water quality, Pond inspection list, Pond enforcement

They are rather dry reading, and I do not claim to have read them all. But there are some interesting bits.

It turns out Valdosta has some Fecal coliform results for Two Mile Branch, Continue reading →

Sugar Creek to Troupville, Withlacoochee River Cleanup 2023-07-22

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Update 2023-05-29: A month earlier on this same stretch of river: Chainsaw Cleanup, Withlacoochee River 2023-06-24.

Come help clean up behind the Valdosta YMCA and onwards to the Little River Confluence, then upstream to Troupville Boat Ramp.

Valdosta City Council Andy Gibbs will be with us, and maybe some other elected officials.

We hope the river will be much cleaner than a year ago when Council Gibbs and Valdosta Mayor Scott James Matheson saw logjams of trash on the river up close and personal. Since Valdosta has bought two trash traps and placed them on Sugar Creek and Two Mile Branch, and built one at their Lee Street Detention Pond on One Mile Branch, plus City Marshalls have sent notices to all parking lot owners that they need to clean up their act and strategically place trash cans like city ordinances require. Needless to say this all happened after quite a bit of urging by WWALS and many individuals.

And WWALS has done a series of chainsaw cleanups through this stretch, removing deadfalls that blocked the river.

There is ample room for further improvement, but we hope to see quite a bit of improvement on the river already.

When: Gather 9 AM, launch 9:30 AM, end 1 PM, Saturday, July 22, 2023

Put In: Meet at the back of the Salty Snapper parking lot, 1405 Gornto Rd, Valdosta, GA 31602 and we’ll put in at the railroad tracks.

GPS: 30.861764, -83.318854

[Trash a year ago, 2022-05-07]
Trash a year ago, 2022-05-07

Continue reading →

Suwannee Riverkeeper wants you to get these Florida bills vetoed

Floridians, you can help protect our river, springs, and Floridan Aquifer!

Please use these convenient Waterkeepers Florida forms to ask Florida Governor DeSantis to veto three bad bills:

[Suwannee Riverkeeper wants you! Photo: Shirley Kokidko, Alapahoochee River 2022-07-09]
Suwannee Riverkeeper wants you! Photo: Shirley Kokidko, Alapahoochee River 2022-07-09

Don’t forget to sign the petition for a constitutional amendment referendum on Right to Clean and Healthy Waters:
https://www.floridarighttocleanwater.org/

Georgians and everybody else, you can still send a comment to GA-EPD opposing a titanium dioxide strip mine too near the Okefenokee Swamp:
twinpines.comment@dnr.ga.gov Continue reading →

Veto FL SB 540 to preserve local development responsibility

Citizens and nonprofits can’t afford to sue about bad development decisions if they might lose like this.

This year’s Florida legislature “session of sprawl” passed HB 359/ SB 540 entitled “Local Government Comprehensive Plans” that would allow the winning parties to recover their attorney fees from the losing parties in legal challenges to comprehensive plans and plan amendments. Developer attorneys tend to be very expensive. You probably can’t afforsd to pay for them, and we can’t, either.

[Veto SB 540]
Veto SB 540

We need local governments to be accountable to the people.

Please ask Governor DeSantis to veto HB 359 / SB 540. You can use this handy Waterkeeper Florida form:
https://waterkeepersflorida.good.do/Development_Bills/SB540_Rules-2/

For more about Waterkeepers Florida, of which Suwannee Riverkeeper is a member, see:
https://www.waterkeepersflorida.org/

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

You can help with clean, swimmable, fishable, drinkable, water in the 10,000-square-mile Suwannee River Basin in Florida and Georgia by becoming a WWALS member today!
https://wwals.net/donations/

Seattle settles salmon river dam case, hails relationship of mutual respect and consultation with Sauk-Suiattle Tribe 2023-05-02

The city of Seattle will include a program for fish passage around its dams on the Skagit River, as part of a settlement with the Sauk-Suiattle Tribe of a case on behalf of the tribe and of salmon that live in the river.

That program was filed with the Federal Energy Regulatory Commission (FERC) as part of the city’s license renewal request for those hydroelectric dams. These are strange times indeed, when FERC becomes the guarantor of river rights.

[Washington dam removal is controversial but may be the best chance for salmon, earth.com 2019-08-20 https://www.earth.com/news/washington-dam-removal-salmon/]
Washington dam removal is controversial but may be the best chance for salmon, earth.com 2019-08-20

There are at least two ways of approaching such cases on rights: rights of nature itself (fish, rivers, etc.), or rights of humans.

Human rights are the subject of the Florida citizen petition for a state constitutional amendment for Rights to Clean and Healthy Water. Florida registered voters, please sign that petition:
https://www.floridarighttocleanwater.org/

And then please get your friends and relatives to sign it.

This Seattle case used both approaches, according to the Continue reading →

Dollar General developer and property owner sue Lowndes County about rezoning denial –VDT 2023-05-03

The plaintiffs’ case is based on the Lowndes County Commission not agreeing with county staff’s recommendation to approve the rezoning, as well as “evidence supporting their petition and codes relating to the Unified Development Land Code.”

Maybe this is the “enhanced facade” that Dollar General offered in the Public Hearing after which the County Commission denied the rezoning, on January 1, 2023.

[Enhanced facade, plat, and future development, VDT and actual stormwater by WWALS]
Enhanced facade, plat, and future development, VDT and actual stormwater by WWALS

Also the plaintiffs say all the public comments were “generalized and speculative”. Huh, I sure thought I heard a bunch of quite specific public comments. The letter WWALS sent to the Commission before that Public Hearing was quite specific, for example, in saying the allegation that the closest effect on nearby property owners would be on their residences was hogwash, given that stormwater from the subject site runs west under GA 122 onto neighboring property much closer than that residence.

There was speculation in various comments, but it was based on easily documented history of Dollar General and of property development in Lowndes County.

After a story by a Valdosta Daily Times reporter, that local organ of record weighed in with an editorial supporting the citizens. Continue reading →

Good trash can news from Valdosta City Marshalls

Update 2023-05-14: Pictures: turtle rescue 2023-04-24.

Valdosta Community Protections Manager Anetra Riley yesterday told WWALS that City Marshalls have sent notices to all parking lot owners in Valdosta that they must follow city ordinances and place trash cans in their parking lots. Not just under the roofs at the store entrances: strategically placed, as the ordinance says.

[Community Protections Manager Anetra Riley and trash cans in parking lot]
Community Protections Manager Anetra Riley and trash cans in parking lot

Suwannee Riverkeeper John S. Quarterman and Two Mile Branch neighbor Katherine Ball were pleased to hear this new ordinance enforcement initiative. This ordinance enforcement is one of many levels WWALS continues to advocate to fix the trash problem.

Anetra Riley also told us that something long promised by the Mayor on his radio show has finally happened: Continue reading →

Alachua County Flood Insurance Rate Maps Update Meetings 2023-04-12

The first of four Public Meetings about updates to Alachua County Flood Insurance Maps is tomorrow, April 12, 2023.

Thanks to WWALS Development Director Veronica Oakler for spotting this news item.

[Alachua County Flood Map 2023-04-11]
Alachua County Flood Map 2023-04-11

Alachua County, Headlines, April 6, 2023, Flood Insurance Rate Maps Update Public Meetings

Periodically, the Department of Homeland Security provides funding to FEMA to reissue the Flood Insurance Rate Maps (FIRM) and execute new detailed studies in selected areas. The FIRM is used by insurance brokers and housing lenders to determine the risk of flooding and to set the premium for flood insurance. New FIRM maps are being developed for Alachua County and surrounding communities. The Santa Fe Watershed Flood Risk Project covering most of the North and Northwestern portion of the County is available for public review. FEMA has started a public comment and appeals period that ends on April 30, 2023.

Four information meetings are being held on April 12, April 13, April 17, and April 18, 2023, at Alachua County Public Works Ready Room (5620 N.W. 120th Lane, Gainesville) from 11 a.m. to 2 p.m. Those wishing to appeal or comment about the FIRM maps can obtain information on how to do so at this meeting.

Those who would like to look up their property and view the current FIRM maps and the proposed changes should visit the Continue reading →