Tag Archives: Law

WWALS thanks FERC for confirming that NFE never asked and FERC never inquired about oversight of Miami LNG facility 2020-12-31

FERC took more than two months to admit New Fortress Energy never asked FERC to say it had no oversight of NFE’s Miami LNG facility, and FERC never inquired.

So, is that facility operating illegally?

WWALS letter and FERC 404

December 31, 2020

Cc: Toyia Johnson
FERC FOIA Public Liaison
foia-ceii@ferc.gov
202-502-6088

To: Ms. Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, DC 20426
kimberly.bose@ferc.gov

Re: FERC response of December 8, 2020 to WWALS Freedom of Information Act Request, FERC FOIA No. FY21-04 or FOIA-2021-4, about New Fortress Energy, Miami, Florida, for copy of PETITION FOR DECLARATORY ORDER or ORDER TO SHOW CAUSE, as well as any responses to either and any records of meetings between FERC and NFE about that Miami facility

Dear Ms. Bose and Ms. Johnson:

Thank you for your response of December 8, 2020, to the WWALS FOIA request of October 12, 2020. Per request from FOIA Public Liaison Toyia Johnson in her cover email to which that FERC response was attached, this letter is confirmation that I did receive that response.

Thank you for confirming that FERC has no PETITION FOR DECLARATORY ORDER from New Fortress Energy (NFE) about its Miami Liquid Natural Gas (LNG) facility, and FERC sent no ORDER TO SHOW CAUSE about that facility, as well as confirming that FERC has no correspondence nor records of meetings with NFE about that facility

We conclude that because your letter of December 8, 2020, says:

“The search of the Commission’s non-public files identified no documents responsive to your request.”

In addition, in her email communication of November 25, 2020, FERC FOIA Liaison Toyia Johnson wrote: Continue reading →

FDEP assumes Clean Water Act permitting from U.S. EPA 2020-12-17

Despite opposition by Waterkeepers Florida and many other people and organizations, last Friday U.S. EPA gave a big present to Florida developers, by approving FDEP’s assumption of Clean Water Act Section 404 permitting from the U.S. Army Corps of Engineers. The EPA announcement says “The action formally transfers permitting authority under CWA Section 404 from the U.S. Army Corps of Engineers (Corps) to the State of Florida for a broad range of water resources within the State.” It neglects to mention that almost all of the Suwannee River Basin got left out, including the middle and upper Suwannee River, and the Withlacoochee, Alapaha, Santa Fe, Ichetucknee, and New Rivers, as well as the Withlacoochee South River basin.

EPA announcement over WKFL opposition, our rivers left out

FDEP got around to releasing a Draft Retained Waters Screening Tool a few weeks ago, after the public comment period. It seems to confirm what we already deciphered from FDEP’s assumption documents: only part of the Lower Suwannee River and Estuary, ditto the lower Withlacoochee South River, end up being covered by either USACE or FDEP. The vast majority of the Suwannee River Basin fell through the cracks. Of course, we and WKFL and many others will not stop working for fishable, swimmable, drinkable waters. About time for a Bill of Rights for Nature, too. Continue reading →

Valdosta catching illegal dumpers, and some new management

Valdosta is actively pursuing the culprits ditching trash and dumping fecal waste into the Withlacoochee River, causing repeated spikes at GA 133.

They say they have even caught some.

And Valdosta has promoted two people: Catherine Ammons of Human Resources to Deputy City Manager of Administration, and Richard Hardy of Public Works to Deputy City Manager of Operations. Hardy is still Director of Public Works, but now he’s also over Engineering and Utilities, which also still retain their same Directors.

We don’t know whether these two news items are related. We do know we’re glad Valdosta recognizes that people downstream will continue to think they’re the cause of every Withlacoochee River contamination incident unless they actively find the real culprits.

Don’t worry: we post positive news about Valdosta when there is some, but we continue to watch them and other possible contamination sources like a hawk.

Cleanups, Deputy City Managers

Pursuing dumping culprits

Valdosta PR, December 2, 2020, City Stresses Importance of Reporting Illegal Dumping in Local Waterways (see also Valdosta Today), Continue reading →

WWALS asks GA Gov. Kemp to stop strip mine near Okefenokee Swamp 2020-11-30

Everyone please ask Georgia to stop this strip mine too near the Okefenokee Swamp.

https://wwals.net/?p=54109#howtocomment

Here is what we wrote to Georgia Governor Brian Kemp and staff.

Re: Mining permit applications too close to the Okefenokee Swamp

Mine site, Okefenokee Swamp, TIAA land, TPM land

Copies will go to GA-EPD, to selected Georgia state and national elected officials, and to all statewide candidates in the Georgia runoff elections.

The Letter

Extended two weeks: WWALS FOIA to FERC on NFE Miami LNG export 2020-11-23

At 5:46 PM on their last day, FERC did respond to our FOIA about the NFE Miami LNG facility. But only to say FERC is self-extending its deadline another two weeks. It’s already eight weeks since our initial FOIA about that Miami facility, which FERC confused with Puerto Rico. What’s taking so long, FERC?

FERC’s excuse? “We have determined that in order to respond to your request, Commission staff must consult with other components of the agency having substantial subject-matter interest therein.”

NFE operations, FERC needs to consult

Well, if the Federal Energy Regulatory Commission (FERC) can’t find a SHOW CAUSE ORDER to New Fortress Energy about NFE’s Miami LNG facility, apparently there is no such ORDER, because according to a law FERC cited in its latest response, any ORDERs that exist must be published electronically for everyone to see.

So what is FERC having such a hard time finding? Maybe a “PETITION FOR DECLARATORY ORDER filed by New Fortress Energy, Miami, Florida”? Maybe because none was ever filed? Or maybe records of meetings or correspondance between FERC and NFE about the Miami facility?

It’s already been eight weeks since our initial FOIA, six weeks after we sent an expanded FOIA, four weeks after FERC “accepted” that FOIA, and more than two weeks after FERC informed WWALS of that “acceptance.” Why the delaying tactics, FERC?

Here’s a timeline so far: Continue reading →

Proposal for the Recharge of the Upper Floridan Aquifer –D.J. Price P.G. 2016-11-14

Dennis J. Price, P.G., sent this proposal to the committee for the North Florida Regional Water Supply Plan (NFRWSP), and that WWALS included in our comments.

They duly noted it in their matrix of comments. But, so far as I can tell, they did not follow any of its recommendations.

Map and Proposal

SE ENVIRONMENTAL GEOLOGY
DENNIS J. PRICE, P.G.
P.O. BOX 45
WHITE SPRINGS, FL 32096
cell 362-8189, den1@windstream.net
Recharge-Proposal.pdf

November 14, 2016

North Florida Regional Water Supply Partnership

RE: PROPOSAL FOR THE RECHARGE OF THE UPPER FLORIDAN AQUIFER IN THE NORTH FLORIDA FLATWOODS ENVIRONMENT, HAMILTON, COLUMBIA, UNION, BAKER AND ALACHUA COUNTIES.

My proposal is directed towards those areas in the SRWMD and the SIRWMD that are underlain by the Hawthorn formation resulting in extensive areas containing a surficial aquifer and the intermediate aquifers that exist in the Hawthorn. Recharge to the Floridan is retarded by the presence of the clay layers in the Hawthorn. Very large wetland systems are common in these areas.

Water balance studies were produced twice that I am aware of in the SRWMD, one by Continue reading →

Victory on Georgia Constitutional Amendment 1, and more voting for clean water

Voters in every county in Georgia approved Amendment 1, to dedicate state fees and taxes to their stated purposes. The statewide victory was 81.6%.

There is more work to do, to get the legislature to use this new law to stop taxes from being diverted to the general fund, so for example counties and cities can get more grants for tire amnesties. But now the mechanism is available.

That wasn’t the only good referendum news, and there is more voting for clean water to do.

Victory: 82%
Special thanks to the Suwannee River Basin cities of Adel, Hahira, and Valdosta, Atkinson, Lanier, and Lowndes Counties, for passing resolutions in support.
See also previous blog post.

The other good clean water news is that Amendment 2 passed with 74.5% Yes, also passing in every county. That’s HR 1023: people may petition for declaratory relief from certain acts of this state or certain local governments or officers or employees.

Dave Williams, Capitol Beat News Service, 4 November 2020, Georgia voters pass three ballot questions by wide margins,

The sovereign immunity amendment stems from a 2014 Georgia Supreme Court decision that essentially granted the state blanket immunity from citizen lawsuits in a case brought by the Center for a Sustainable Coast. The group had filed suit alleging the state Department of Natural Resources was illegally allowing alterations to private property in fragile coastal wetland areas protected by state law.

So that’s two victories for clean water by the people of the state of Georgia.

More voting for clean water to do

As everyone probably knows, there are Georgia runoff elections on January 5, 2021, with the usual early voting and absentee ballots. Both Georgia U.S. Senate seats are in the runoff.

A Public Service Commission runoff that was scheduled earlier will also be on January 5, 2021. WWALS has long advocated for GA-PSC to make responsible decisions on power plants and pipelines that affect all our waters, from water levels to coal ash to mercury.

Once again, we urge you to vote for clean water.

As an IRS 501(c)(3) nonprofit educational charity, WWALS cannot Continue reading →

Help Georgia stop titanium mine threatening Okefenokee Swamp –Dirty Dozen 2020, Georgia Water Coalition 2020-11-17

FOR IMMEDIATE RELEASE

Hahira, Georgia, November 17, 2020 — Once again, the Okefenokee Swamp features in the Georgia Water Coalition Dirty Dozen, “the worst offenses to Georgia’s water.” The Swamp and the Suwannee and St. Marys Rivers and the Floridan Aquifer are still threatened by a strip mine, but this time only Georgia can stop it, with your help.

Great Blue Heron, Suwannee River, Okefenokee Swamp, TPM mine site

Contact: This Okefenokee item was submitted by Suwannee Riverkeeper John S. Quarterman (229-242-0102, contact@suwanneeriverkeeper.org) and Georgia River Network Executive Director Rena Ann Peck, (404-395-6250, rena@garivers.org).

They also recently observed the mine site that threatens our ecosystems and drinking water for private profit.
Photo: John S. Quarterman, TPM mine site with ONWR on left

They met again that same weekend on the Suwannee River in the Okefenokee Swamp with forty paddlers, experiencing the fragile natural beauty that makes the Okefenokee National Wildlife Refuge a great economic benefit to both Georgia and Florida.

Photo: John S. Quarterman, Great Blue Heron flying, Suwannee River, Okefenokee Swamp, 2019-12-07

The entire text of the Okefenokee Dirty Dozen item is below. Also below is how you can help.

This year’s Dirty Dozen report includes the following: Continue reading →

Letter: WWALS to FDEP and SRWMD: acquisitions, invitations, withdrawals, water quality testing 2020-11-10

Sent yesterday afternoon after the morning SRWMD board meeting.

November 10, 2020

To: Noah Valenstein
Secretary, FDEP
Noah.Valenstein@floridadep.gov

Hugh Thomas
Executive Director, SRWMD
Hugh.Thomas@srwmd.org

Sen. Keith Perry
Perry.Keith@flsenate.gov

Cc: Scott R. Koons
E.D., Rivers Task Force
koons@ncfrpc.org

Re: land acquisitions, event invitations, water withdrawals, and water quality testing

Dear Secretary Valenstein, Director Thomas, and Sen. Perry,

This morning I spoke via gotowebinar in the SRWMD Board Meeting. This letter expands on what I said.

WWALS letter to FDEP and SRWMD
PDF

I offered compliments, a suggestion, and a recommendation on the FDEP press release of yesterday: Continue reading →

Accepted: WWALS FOIA to FERC on NFE Miami LNG export 2020-11-05

Update 2020-11-24: Extended two weeks: WWALS FOIA to FERC on NFE Miami LNG export 2020-11-23.

More than three weeks after we sent it, FERC acknowledged that the WWALS FOIA about the Miami LNG facility was “accepted” two weeks earlier, more than a week after we sent it.

We shall see whether the Federal Energy Regulatory Commission (FERC) has learned that Miami is not Puerto Rico. And whether FERC will follow the precedent it sent about Puerto Rico and send New Fortress Energy (NFE) a SHOW CAUSE Order for why NFE did not send a “Petition for Declaratory Orders” about the NFE Miami LNG facility. FERC has the power to shut down an LNG facility after the fact, for not following the law.

Meanwhile, FERC did not just refuse the FOIA request on its flimsy grounds of “non-jurisdiction.” See the WWALS FOIA request for more about that.

FERC 404
What you get if you follow the FOIA Public Liaison’s link to FERC’s FOIA request submission page.

Here is the “accepted” email: Continue reading →

WWALS Watershed Coalition (WWALS) is Suwannee RIVERKEEPER®

A healthy watershed with clean, swimmable, fishable, drinkable water.