Tag Archives: Law

John S. Quarterman: Sewage spills in Georgia affecting Suwannee River basin, Gainesville Sun, 2019-01-31

Online today and in the paper Gainesville Sun this coming Sunday. To paddle the most-affected stretch of the Withlacoochee River, join us this Saturday morning.


A December upsurge of raw sewage spills from the city of Valdosta, Georgia, has a dozen downstream counties organized into a task force, demanding action from Florida state legislators. But what action?

I recommend first getting a grip on the extent of the problem, keeping that picture up to date and then funding fixes.

[Water]
Photo: John S. Quarterman of Sara Jay, Water Temperature, TGroupville Boat Ramp, Little River, 2019-01-06

Valdosta spilled not just twice, but two dozen times in December, totaling more than 6 million gallons of raw sewage. Spills also happened in Tifton, Quitman and Lowndes County, Georgia.

We know this because Continue reading

Wastewater at Valdosta City Council, Winter 2018-2019

While the Rivers Task Force of the dozen downstream Florida counties is looking for something to do to help, Valdosta clearly hasn’t yet done enough to stop its sewage spills, but they are doing more. Here’s some context that may indicate what might help. Spoiler: water quality monitoring, funding for further fixes, and enforcement if necessary. Unless raw sewage spills really are what Valdosta wants to be known for in Tallahassee and Atlanta.

Totals, Table
See Valdosta December 2018 sewage and Hamilton County, FL legislative delegation 2019-01-16″>

Also: come on up and talk to the Valdosta City Council. Merrillee Malwitz-Jipson did, and it got their attention. They keep hearing from me for years now, and it helps to see somebody directly affected downstream come up and speak.

This post is mostly about two Valdosta City Council meetings, that included much discussion of the recent Valdosta wastewater spills, on on Continue reading

Four months later, GA-PSC still investigating AGL pipeline Homervile explosion 2018-12-11

Two more months have passed, so I called Bill Edge to ask about progress on the GA-PSC’s investigation of the August 17, 2018, Homerville coffeeshop explosion resulting from AGL pipeline gas. Answer: still investigating, because so many parties are involved, and everyone has attorneys and disclosures to negotiate. He is quite aware many people would like to see a report.

I thanked him sincerely for his organization following up on this incident. He said it was their statutory duty. I said keep up the good work.

Meanwhile, here’s an example of the type of thing to expect:

Alleged Violation and Voluntary Contribution, Settlement Agreement

Whereas, AGL enters into this Settlement Agreement without admitting Continue reading

EPA considering abandoning Floridan Aquifer?

The new water rule EPA plans to propose may be much more about all our drinking water underground in Florida and south Georgia than about anybody’s private pond.

Stacey H. Mitchell, David H. Quigley and Bryan Williamson, Akin Gump Strauss Hauer & Feld LLP, 11 December 2018, United States: Dipping Its Toe In The Groundwater? Supreme Court Eyes Expedited Review For Clean Water Act Case,

Specifically, the Court aims to address a circuit split among the 4th, 5th and 9th Circuits in determining whether only direct discharges to “navigable waters” (rivers, lakes and other surface waters, for example) are covered or whether groundwater that is “hydrologically connected to surface water” is subject to Clean Water Act (CWA) pollution discharge requirements.2 Groundwater—that is, water held beneath the soil or in between rock structures—does not fall under CWA jurisdiction. Nevertheless, the U.S. Environmental Protection Agency (EPA), for many years, maintained that pollutants that flow with a direct and immediate hydrologic connection through groundwater into surface waters are properly regulated under the CWA.3 Environmentalists agree with EPA’s long-standing position, while many in industry say that the agency is reaching beyond its scope.

Surface water interchanges with groundwater all the time here in the southeast coastal plain, where we all drink with straws from the groundwater.


Figure from same USGS study as below.

This SCOTUS case appears to be related to the forthcoming EPA rule change proposal that has been all over the news lately. More from the same article: Continue reading

All settled with Sabal Trail without jury 2018-09-13

FOR IMMEDIATE RELEASE

Valdosta, GA, September 13, 2018 — This morning two landowners from Moultrie, Colquitt County, Georgia, and the Bell brothers of a subject property in Mitchell County, Georgia, all settled with Sabal Trail Transmission about payment for easements for a 36-inch natural gas pipeline through their land.

Defendant Jeb Bell said afterwards,

I am extremely unhappy, but such is life.

We fought as good as we could for as long as we could.

The defendants’ attorney Jonathan P. Waters had no comment on the confidential settlement of these cases.

These cases were originally filed by Sabal Trail Transmission against Georgia landowners in March 2016, invoking federal eminent domain supplied to Sabal Trail by the Federal Energy Regulatory Commission (FERC) on February 2, 2016. The pipeline has since been built through the defendants’ land with no agreement and no payment.

Defendants Attorney Jonathan P. Waters, Attorneys
Defendants’ Attorney Jonathan P. Waters

Judge Clay D. Land, Chief U.S. District Judge, Middle District of Georgia, told the jury afterwards Continue reading

Sabal Trail Jury Trials Continue 2018-09-11

Update 2018-09-13: The outcome.

Attorney Jonathan P. Waters had some new questions this time for the same old Sabal Trail witnesses from last time. The trial continues this morning; see you there.

Gil Norman, Sabal Trail Right of Way Manager, who at $200,000 a year has made more than $1 million off of helping Sabal Trail get easements to “use as we see fit in our absolute discretion.“; Michael Fletcher, Engineering Specialist, who said Sabal Trail put thicker pipe on land that might be developed (so thinner on farmland) and pipe probably would have less top cover under dips between hills; and property appraiser Carl Schultz, who “summarized the summaries” of eleven papers, at least one paid for by a pipeline company.

And different defendants, pictured here going into the building yesterday morning.

Kenneth Gregory Isaacs, Atty Jonathan P. Waters, Daniel L. Dunn (GBA), Hamilton Isaacs, Defendants
Kenneth Gregory Isaacs, Atty Jonathan P. Waters, Daniel L. Dunn (GBA Associates), Hamilton Isaacs

Defendant Jeb Bell brought a 32-inch hoop to illustrate how big Sabal Trail is bigger than that at 36 inches).

Jeb Bell with 32 hoop (smaller than Sabal Trail), Defendants

When: Continuing 9AM Wednesday morning, September 12, 2018.

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

Sabal Trail Right of Way Manager Gil Norman attested that FERC could approve changing 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

Valdosta Consent Order from GA EPD 2013-09-23

Update 2020-04-15: See much longer and more recent version of the Consent Order, in Valdosta Sewer System Standard Operating Procedures 2020-03-05.

Due to tens of millions of dollars spent by Valdosta, we don’t see spills of tens of millions of gallons anymore. The most obvious Valdosta Sanitary System Improvement is the new, uphill, out of the flood plain, Withlacoochee Wasterwater Treatment Plant, pictured here on Scott Fowler’s office wall at Valdosta Utilities:

Withlacoochee WPCP 2016, Wastewater Plants
Withlacoochee WPCP 2016

The old, now-closed, Withlacoochee WTP was the plant that had the biggest problems back in 2009 and 2013. As found on the City of Valdosta website, the 23 September 2013 Valdosta Consent Order from the Georgia Environmental Protection Division is now also on WWALS website, including I made a web version, from which I extracted the paragraphs quoted below.

This was the original problem: Continue reading

Florida vote 2018-08-28

Floridians, please get out and vote today, and in November.

We are fortunate here in the Suwannee River Basin. We don’t have cyanobacteria blooming from glyphosate in our rivers with dead fish stinking tens of miles inland.

But we do have plenty of environmental problems. When you vote in the primary today (if you haven’t already voted early), and as you vote in the general election in November, you may want to ask yourself about each candidate, from city council to County Commissioner to school board to statehouse to statewide official to governor, and don’t forget judges:

Florida vote

  • Do they support banning fracking?
  • Do they oppose more phosphate mines?
  • Will they help stop fertilizer leaching into our springs and rivers, including getting financial and other support for the Basin Management Action Plans (BMAPs)?
  • Will they help us all find out how E. coli and fecal coliform are getting into our rivers and wells, and from where, by assisting in water quality monitoring, and will they then do something about it?
  • Will they hold accountable those who produced coal ash and get them to dispose of it responsibly?
  • Will they oppose fossil fuel pipelines, and do something about the safety of those that exist?
  • Will they help rein in the rogue agency FERC, including about oversight of liquid natural gas (LNG) export?
  • Will they help the Sunshine State get on with solar power, so that nobody has to be without power for weeks after a hurricane, and we can shut down more fossil fuel power plants and close some pipelines?

These are just some of the issues WWALS deals with all the time. You don’t have to know about all these issues; every one of them is important. You may have other environmental issues.

If you don’t know how the candidates stand on these issues, maybe you’d like to ask them before November. Still, some of them must have stated positions before the primary today.

Sure, the economy matters, but how many jobs do polluted springs and rivers bring? Do people come to Florida to smell rotting fish from their vacation or permanent homes? There is no economy without an environment, and water is the basis of it all, including public health.

Seven of us Waterkeepers of Florida met with FDEP last month:

…to express serious concern and a sense of urgency to protect and restore Florida’s rivers, coast, bays, estuaries, lakes, springs, and aquifer.

As demonstrated by Hurricane Irma, major storms deteriorate water quality, threaten human health, and undermine Florida’s economy. Absent more proactive action and investment in becoming more resilient, water quality protection, and adaptation efforts, Florida’s economy, environment, and public health will suffer.

We should all care about what is happening in south Florida. Obviously because those are people just like us who live there, not to mention the wildlife and the rest of the ecology, and what happens there affects the economy of the rest of Florida and the nation.

After Hurricane Irma, Lowndes County, Georgia, where I live, gained 100 new residents from Florida. (That’s right: Suwannee Riverkeeper lives in Georgia. Rivers can’t read; they don’t know somebody drew a state line on a map.) If the south Florida situation continues or gets worse, people will move north. Many of them will move to north Florida or south Georgia, further affecting our waters.

So don’t forget about candidates:

  • Do they support stopping the destruction of south Florida’s lakes, rivers, and coasts by fertilizer and pesticides from big agriculture and lawns?

As an IRS 501(c)(3) nonprofit charity, WWALS cannot support or oppose any specific candidate for office. But we can bring issues to your attention.

And we can say, please go vote, today and in November!

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

You can join this fun and work by becoming a WWALS member today!

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