Tag Archives: Law

Sabal Trail is shut down while DC Circuit Court delays again 2018-03-08

Sabal Trail is already shut down, while the DC Circuit Court delays its mandate to shut it down.

This month 2018-03-01 - 2018-03-09, Graphs
This month 2018-03-01 – 2018-03-09: Graphs by WWALS from Sabal Trail’s own FERC-required Informational postings.

Here’s the problem:

Courts rarely block pipelines, even if regulators are found to have fallen short of the National Environmental Policy Act, and they have never halted a pipeline for inadequate climate review.

It’s long past time to get the clammy grip of fossil fuels off not only Congress and the agencies, but also off the courts.

Ellen M. Gilmer, E&E News, 8 March 2018, Shutdown averted for Sabal Trail pipeline, Continue reading

Help stop two bad Florida water bills: HB 1149 and SB 1308

Remember the Florida bill with the bad amendment, withdrawn because you called? Well, the bill itself, HB 1149, is bad enough, and near to a vote.

Please sign Margaret Tolbert’s petition against that and another bad bill, HB 1308.

Saturday crowd at Madison Blue Spring,
Photo: John S. Quarterman for WWALS, from the Suwannee River, of Saturday crowd at Madison Blue Spring, 2017-06-24.

According to a March 1, 2018, Tampa Bay Times article:

“Cynthia Barnett, the author of three books on water and an environmental fellow in residence at the University of Florida’s Bob Graham Center for Public Service, said the bills are based on a faulty assumption concerning how much water Florida needs for its future growth.

The bills say that Florida will need Continue reading

Call Florida House today to stop bad springs amendment 2018-03-01

Update 2018-03-02: The amendment was withdrawn, thanks to all of you who called!

They’re going to vote tomorrow (Friday), so call today or very early tomorrow and ask your state rep to vote against Amendment 246447 by Rep. Ingoglia on HB 1149. That amendment would force septic tanks to be installed near springs while putting off useful actions for years during further “review” and “study”.

Contact numbers for them are here: http://myfloridahouse.gov/Sections/Representatives/myrepresentative.aspx

Or here are all the ones in the Suwannee River Basin listed on a web page.

2015 onsite sewage final report
Illustration from the “2015 final report written as part of the study originally authorized in Specific Appropriation 1682 of chapter 2008-152, Laws of Florida”.

On House Bill 1149, a general environmental regulation bill, Rep. Blaise Ingoglia (R-35) this afternoon introduced Amendment 246447 which includes for example:

(3) As part of the pilot program, the department, in coordination with the Department of Health, must:

(a) Review and build upon Continue reading

Green Amendment book talk in Gainesville, FL, Delaware Riverkeeper 2018-03-26

Join veteran environmentalist Maya van Rossum at the Working Food Community Center in Gainesville as she discusses her new book, The Green Amendment: Securing our Right to a Healthy Environment, followed by Q&A and signing. Come out and meet Maya, pick up a copy of the book, and learn about the future of environmental advocacy.

The Green Amendment: Securing our Right to a Healthy Environment

When: 6-8 PM, Monday, March 26, 2018 (doors open 5:30 PM)

Where: Working Food Community Center
219 NW 10th Avenue
Gainesville, FL 32601

Event: facebook Continue reading

FERC inadvertently clears path for renewable energy via storage 2018-02-15

FERC just let slip the wolves of sun and wind by enabling the storage that those sunny twenty-first-century “aggregated distributed energy resources” (DER) will use to blow down the straw houses of traditional twentieth-century so-called baseload capacity coal, oil, and nuclear power plants.

FERC Commissioner Robert F. Powelson called out the “participation model” Thursday’s twin orders enable, bypassing many traditional charges by accounting for physical characteristics that do not change over time, recognizing that batteries, sun, and wind power are basically different from old-style dinosaur power plants. Commissioner Neil Chatterjee named Senators Ed Markey and Sheldon Whitehouse as proponents of these new rules, which is very interesting since both have long been proponents of renewable energy, and Sen. Whitehouse called out FERC for failing to implement the DC Circuit Court’s Order on greenhouse gases. Commissioner Cheryl A. LaFleur said “Electric storage is like a ‘Swiss army knife’”. Maybe more like the South Australian storage utility player that has already out-responded natural gas during coal plant outages. Commissioner Richard Glick says sun and wind power “no less than energy storage, have the potential to play a leading role in the electric grid of the future”. None of the Commissioners could bring themselves to say what they all know: sun, wind, water power with storage will be the electric grid of the future. Former FERC Chair Jon Wellinghoff and I were right in 2013: solar power will provide more U.S. electricity than any other source by 2023, on the way to complete conversion of everything to sun, wind, water, and storage by 2050.

Frequency response of Tesla South Australian battery
Giles Parkinson, Reneweconomy, 23 January 2018, Tesla big battery moves from show-boating to money-making.

Gavin Bade, UtilityDive, Feb. 15, 2018, FERC issues storage, reliability orders, calls conference on aggregated DERs, Continue reading

Sabal Trail troubled that the experts were right

“Without the certificate,
they cannot operate.”
—John S. Quarterman
of WWALS

Protesters turned out in St. Pete last year, and now a reporter from Tampa posts an update on double-sad news for Sabal Trail (I’ve added links).

Carmella Guiol, Kate Bradshaw, Creative Loafing Tampa Bay, 15 Feb 2018, The experts were right: Troubles for the Sabal Trail pipeline: They warned us — correctly — about the pipeline’s dangers to the environment. ,

For years, environmentalists warned against constructing the Sabal Trail pipeline. Yet construction wore on, and the controversial natural gas conduit is functional — for now.

Photo: Terrence Smith. : TOLD YA SO: In St. Petersburg, protesters railed against the controversial project in 2017.
Photo: Terrence Smith. TOLD YA SO: In St. Petersburg, protesters railed against the controversial project in 2017.

The 515-mile pipeline snakes from Alabama to central Florida, and when it’s running, it brings natural gas (mined using the process of fracking) to power plants in the Sunshine State, where it generates energy that power companies sell to customers. The $3.5 billion project is a joint venture between Enbridge, NextEra Energy and Duke Energy Corporation, which make up the group Sabal Trail LLC.

The Sierra Club sued over that last one, but despite Continue reading

FERC cry of wolf delays mandate from DC Circuit Court 2018-01-07 2018-02-07

Court mandate delayed because of FERC crying wolf, even though Sabal Trail has been shut down most of the past six, now seven weeks. So the three little pigs get a temporary reprieve from the Big Bad Wolf of sun and wind power.

Gavin Bade, E&E News, Feb. 8, 2018, Court filings stave off Sabal Trail pipeline shutdown, for now,

But Wednesday came and went this week with no word from the court.

E&E reports that may be because judges need time to consider some last-minute filings in the case.

What are FERC and Sabal Trail so scared of? The wind and the sun:

‘Then I’ll huff, and I’ll puff, and I’ll blow your house in.’

So he huffed, and he puffed, and he blew his house in, and ate up the little pig.

Illustration In English Fairy Tales, Jacobs, J., 1895, via Boston Public Library, Three Little Pigs
Illustration for The Story of the Three Little Pigs, in English Fairy Tales, Joseph Jacobs, 1895 New York: Grosset & Dunlap (2nd edition?) Boston Public Library.

For the entire four years since the Sabal Trail pipeline was first announced in 2013, renewable energy has produced more new U.S. energy than natural gas, according to FERC’s own Office of Energy Projects Energy Infrastructure Update For December 2017. Those are the wolves Continue reading

FERC cries wolf for Sabal Trail to DC Circuit Court 2018-01-06 2018-02-06

Update 2018-02-08: FERC cry of wolf delays mandate from DC Circuit Court 2018-01-07 2018-02-07.

Instead of answering Sabal Trail’s Friday cry of wolf by issuing new certificates yesterday, FERC instead took that cry to the DC Circuit Court, asking for a delay of today’s issue of a mandate.

FERC did not issue new certificates yesterday, and the Court did not issue a mandate today. Of course, today was merely the first day the Court could have issued a mandate, so we’ll see.

Don’t listen to FERC and Sabal Trail’s cries of wolf, Court! What’s really eating their pipelines is solar and wind power taking over the market.

Illustration by Francis Barlow Aesop's fable The Boy who Cried Wolf, called by him DE PASTORIS PUERO ET AGRICOLIS, 1687
The illustration by Francis Barlow Aesop’s fable “The Boy who Cried Wolf”, called by him DE PASTORIS PUERO ET AGRICOLIS, 1687

For the fourth year running, renewable energy has produced more new U.S. energy than natural gas, according to FERC’s own Office of Energy Projects Energy Infrastructure Update For December 2017. Four years means ever since the Sabal Trail pipeline was first announced in 2013. Those are the wolves after those poor pipeline Applicants: solar and wind power.

Gavin Bade, Utility Dive, Feb. 6, 2018, FERC asks DC Circuit to delay issuing order to halt Sabal Trail pipeline, Continue reading

Florida fracking ban passes Senate Committee, needs to move in House 2018-02-07

One of our goals Wednesday in Tallahassee was accomplished: the fracking ban is moving in the Florida statehouse! You can help: call your Florida state Representative or Senator and ask them to vote for the fracking bills. If you don’t know who they are, you can use Florida’s Find Your Legislators.

Gale Dickert, ban fracking, Sen. Montfords office
Photo: John S. Quarterman for WWALS, Tallahassee, 2018-01-31. Do Gale Dickert and these people look like they’re going to give up easily?

Monday SB 462 was uananimously approved by the Senate Environmental Preservation and Conservation Committee, thank you Committee Chair Senator Rob Bradley, whom many people intensively lobbied last Wednesday to schedule a vote in that committee. The indefatigable Continue reading

Profit is not an emergency; Sabal Trail is crying wolf 2016-02-05

Profit is not an emergency, say landowners to FERC:

Sabal Trail hopes to cry wolf to get relief. No Emergency exists to warrant the relief they seek. No shortage or national energy crisis exists to warrant the relief that they seek.

Like WWALS and Sierra Club, GBA Associates point out the pipeline has been shut down much of the past six weeks. Like Sierra Club, the landowners cite federal law that requires at least thirty days after an Environmental Impact Statement (EIS) before issuing certificates, referring to the so-called Final Supplemental Environmental Impact Statement (FSEIS) FERC filed yesterday after the WWALS motion to deny the Applicants’ cry of wolf.

Attorney Jonathan P. Waters cuts to the chase:

As the Circuit Court stated, “All of these pipelines, of course, are being built for a reason: to make a profit for their shareholders, and their shareholders’ shareholders.” This is the fact driving the Sabal motion.

Style, Letter

Less than two weeks ago, Sabal Trail partner and thus Applicant for the so-called “emergency” relief, Spectra Energy’s new owner Enbridge Energy of Alberta, Canada, told its shareholders and the public in a Quarterly Earnings Call that Enbridge is “the leading developer and operator of wind, solar, and battery storage projects.” While praising solar and wind power at length, that Earnings Call mentioned Sabal Trail only once, yet managed to contradict the public record twice in that one sentence.

Clearly FERC would be doing a favor to Enbridge’s shareholders by Continue reading