Tag Archives: Law

Brooks County landowners challenge NextEra solar exception 2019-08-29

Clearcutting of upland forests, due process failures at the public hearing, spot zoning, violations of local ordinances, and failure to adhere to the Brooks County’s own Comprehensive Plan are among the grounds on which landowners are going to sue to overturn the Commission’s unanimous decision at the beginning of August to approve a Special Exception for NextEra Energy of Juno Beach, Florida, to build a 150 megawatt solar farm on wooded wetlands.

[Movie: No jury trial, but unanimous approval (1110M)]
Brooks County Commission hearing NextEra won’t agree to any jury trial, yet unanimously approving NextEra’s Special Exception, 2019-08-05

Here is the press release from their attorney, Jonathan Perry Waters of Macon, Georgia (see also PDF).

FOR IMMEDIATE RELEASE

August 29, 2019

LANDOWNERS CHALLENGE SOLAR EXCEPTION

Quitman, Georgia— August 29, 2019 — On Monday of this week, Brooks County Superior Court Judge Richard Cowart signed a Sanction for a Writ of Certiorari allowing a group of landowners in Brooks County to file a petition in the Superior Court of the County challenging the granting of a Special Exception Zoning permit by the Brooks County Board of Commissioners to Quitman II Solar, LLC to construct a 1,700 acre solar site in the an Agricultural Zoned area of the County. Quitman II Solar, LLC, is a wholly owned subsidiary of NextEra Energy, of Juno Beach, Florida.

Continue reading

Need EIS, public hearings –Okefenokee Swamp Park to USACE about titanium mine 2019-08-22

Excellent comments from Okefenokee Swamp Park, requesting at least three public hearings by the Army Corps, plus independent research, in addition to a full Environmental Impact Statement. When I received them from Dr. Clark last night, he asked me to circulate them widely; see also PDF.

[About OSP]
About OSP

Continue reading

No more promiscious issuance of water withdrawal permits to Nestle –Suwannee Riverkeeper in The Independent, U.K. 2019-08-26

“Suwannee Riverkeeper is opposed to continued promiscuous issuance of permits to withdraw water from the Floridan Aquifer, which is already overtaxed and sinking. The Suwannee River Water Management District not only should reject Nestle’s application to withdraw water from the Santa Fe River at Ginnie Springs; it should also revisit Nestle’s permit to withdraw water from the Withlacoochee River at Madison Blue Spring.”

That’s what I told a reporter yesterday, and SRWMD does have statutory authority to revoke permits in addition to refusing new ones. You can tell SRWMD these things.

[BLUE SPRING, MADISON COUNTY, FL]
Photo: John S. Quarterman for WWALS. Note “BLUE SPRING, MADISON, COUNTY FL” and “NESTLE WATERS NORTH AMERICA INC., STAMFORD, CT 06902”. Why should a Swiss company with North American headquarters in Connecticut get to take our water for free and pollute our waterways with its plastic bottles?

Lily Puckett, The Independent, 26 August 2019, Nestle attempts to to pump 1.1m gallons of water per day from fragile US spring: The water system has been officially “in recovery” for years, Continue reading

Charlton County Resolution supporting the proposed titanium mine near the Okefenokee 2019-08-15

This is the resolution passed Thursday week before last by the Charlton County Commission, collected today from the County Clerk.

You can still comment to the U.S. Army Corps of Engineers, which actually has authority over the mine permit application.

[Twin Pines Materials, LLC]
Twin Pines Materials, LLC

BOARD OF COMMISSIONERS
CHARLTON COUNTY, GEORGIA
PROCLAMATION OF SUPPORT OF
TWIN PINE MATERIALS, LLC

WHEREAS, the Charlton County Board of Commissioners is the governing authority of Charlton County, Georgia;

WHEREAS, economic development and quality, Continue reading

Charlton County Commission passed resolution supporting titanium mine near Okefenokee Swamp 2019-08-15

Causing outrage from the packed house, the Charlton County Commission refused Thursday to let anyone speak who did not live in the county or own land there. This was after the Commission unanimously passed a resolution supporting the proposed titanium mine, without any public hearing and with citizens at all permitted to speak beforehand. The resolution apparently says it depends on the miners getting permits, and Charlton County does not decide on those permits. The opposition is now even more determined to stop those permits by the U.S. Army Corps of Engineers (USACE) and the state of Georgia. You, too, can comment to USACE and GA-EPD by the current deadline of September 12, 2019.

[Signs]
Photo: John S. Quarterman, before 2019-08-13 TPM meeting. L-r: Mark Lyons of Citizens Against Phosphate Mining, Alice Keyes of One Hundred Miles, Hilda Gilchrist of Our Santa Fe River (OSFR), Jim Tatum of OSFR and WWALS, Rena Peck Stricker of Georgia River Network, Mike Roth and Kristin Rubin of OSFR and WWALS, John S. Quarterman, Suwannee Riverkeeper, Merillee Malwitz-Jipson of OSFR and WWALS.

The Charlton County Commission’s public speaking rule is indeed new, since the previous month Continue reading

Speakers, NextEra Quitman Solar II, Brooks County, GA 2019-08-05

The speakers against NextEra’s 150 megawatt Quitman II Solar on wooded wetlands were many and eloquent, from the very directly affected Brian Duck surrounded by solar panels to the strategic NextEra’s deadlines are not our deadlines, to the philosophical: Chad Stipe on Heritage and values, and Abigail Pope Sowell on care of the earth as our most pleasing responsibility.


      Surrounded by solar panels --Brian Duck
Brian Duck in the wheelchair on the left, about to tell the Commission how he is surrounded by NextEra’s proposed solar panels.

The speakers for let out some stunners, such as Deer will just move –Corey Haines, Biologist, Trees and roads no concern –Atty. Jonathan E. Wells, and Cancel out my wife –George Wallace.

My favorite was the allegedly impartial Daniel Geller of UGA who claimed Georgians import all our energy. I rebutted this by noting my 15 kilowatts of solar panels on my farm workshop, before telling the Commissioners some things they may not have known, about FPL in Florida and Sabal Trail burning in Quitman. Opposition attorney Waters also got Gellar to explicitly say he was not speaking for UGA.

Compliments to the Brooks County Commission for letting everybody who wanted to speak, with no restrictions on where they could be from (unlike Charlton County). There were, however, some irregularities: Continue reading

Swamp more important than miners under Consent Order in Florida

A resolution supporting the TPM mine is on the agenda for the Charlton County Commission meeting, 6PM this Thursday, August 15, 2019, 68 Kingsland Drive, Folkston, GA. Especially if you live in Charlston County, please go to that meeting and object. Even better, contact your County Commissioner before the meeting.

[Suwannee Riverkeeper op-ed 2019-08-13]
Suwannee Riverkeeper op-ed 2019-08-13

Suwannee Riverkeeper op-ed in the Charlton County Herald, yesterday, August 13, 2019:

Swamp more important than miners under Consent Order in Florida

Twin Pines Minerals (TPM) promises jobs, taxes, and low impact to mine for titanium between Moniac and St. George, on property that extends up to the Okefenokee NWR.

People from Baker, Bradford, and Union Counties, Florida, say they don’t know any locals who have the mine jobs promised by Chemours. The TPM application for Charlton County promises Continue reading

Consent Order, FDEP v. Chemours involving Twin Pines Minerals 2019-02-07

Twin Pines Minerals (TPM) is cited in a consent order on Chemours mines, for failure to collect data, spilling waste through silt fences and not cleaning it up, and being out of compliance on numerous counts, including radium and iron, in the Suwannee, St. Johns, and St. Mary’s River basins in Florida.

[Four times spelled out]
Four times spelled out, on four different pages

This is the same TPM that has applied to mine titanium in Charlton County, Georgia, near the Okefenokee Swamp, which is the headwaters of the Suwannee and St. Mary’s Rivers.

[TPM, GA and Chemours FL mines]
TPM, GA and Chemours FL mines

You can read the Consent Order yourself: Continue reading

Videos: Valdosta and Florida Counties about sewage 2019-07-10

Congenial yet sometimes testy, the Florida counties meeting Valdosta about sewage again last night.

The Valdosta catch basin many Floridians thought would be finished by now? Probably by December.

That report the Utilities Manager last time said explained why 8 or 10 million gallons was big enough for a catch basin? No, it doesn’t explain that. Fortunately, Georgia EPD wants to know how many gallons will be needed for how much rain, and apparently won’t issue a permit for the catch basin until there are answers, so maybe we’ll finally find out.

GA-EPD also wanted to know what if the catch basin fills up? Valdosta’s answer: tanker trucks to ship the sewage from the Withlacoochee Wastewater Treatment Plant to the Mud Creek Wastewater Treatment Plant. Or the other direction, if needed. That sounds like a fine idea. Although it doesn’t address the question of what if the heavy rains fall directly on Valdosta and both WTPs fill up.

Meanwhile, the catch basin is just one of a combination of fixes, mostly intended to alleviate infiltration of stormwater into the sewer system, and about 25% of those are done, says Valdosta City Manager Mark Barber.

Will all these projects be finished this year? No.

Floridians offer to get national elected officials to help.

Floridians also emphasized Ecotourism, and asked me to talk about the 350 people who just came through on Paddle Georgia (#PaddleGA2019), the WWALS Boomerang paddle race from Florida to Georgia and back, and the proposed River Camp at the Little River Confluence west of Valdosta, like the ones on the Suwannee River Wilderness Trail. Valdosta Mayor John Gayle wrote down the date of the WWALS Boomerang (October 26th), and afterwards both Hamilton and Madison Counties promised to help.

Tom Mirti of SRWMD described Florida water quality testing, but didn’t mention that FDEP’s monthly testing isn’t made public until four months later. He did mention that FDEP is now testing for sucralose. Merrillee Malwwitz-Jipson, who requested that, was sitting right there. Thanks to her and Jim Tatum for coming from Florida to this meeting.

Valdosta City Manager Mark Barber said Valdosta was still testing at the state line, which caused me to ask why I didn’t get any results for those locations this year in response to open records requests, then? Valdosta Utilities Director Darryl Muse said that was because they haven’t actually tested at the state line this year. He also complained that he had staff working 100 hours a week. Which makes me wonder whether the city of Valdosta is really giving him what he needs, or whether he hasn’t asked for everything he needs.

Anyway, people were rightly impressed with how much Valdosta has done and with their current plans. However, there is still room for improvement.

Below are Continue reading

Agenda: Florida Counties meet Valdosta about sewage 2019-07-10

Here’s the agenda for tonight’s Special Called Meeting of the Valdosta City Council, with business of Valdosta Utilities presenting to the dozen Florida counties. You may wonder why you haven’t seen this City Council meeting on Valdosta’s website or in the Valdosta Daily Times. Well, Georgia Open Meetings law only requires one notice on the front of the venue and a notice to the newspaper of record 24 hours in advance.

When: 6PM, Wednesday, July 10, 2019

Where: General Purpose Room,
Valdosta City Hall Annex,
300 North Lee Street, Valdosta, GA 31601

Event: facebook

[071019-Special-Called-Meeting-Agenda-0001]
071019-Special-Called-Meeting-Agenda-0001
PDF

Maybe Valdosta should consider that elected official embarassment does not outweigh informing the public.

Thanks to Valdosta City Clerk Teresa Bolden for the agenda. See also Continue reading