Tag Archives: Law

Same Excuse: FERC rubberstamps PennEast like Sabal Trail 2018-01-19

Precedent agreements for 90+% of the pipeline’s capacity was FERC’s excuse for PennEast yesterday, the same as for Sabal Trail two years ago. Yet Sabal Trail apparently already lost 4/7 of its supposedly solid customer base and is not even shipping any gas. Even a dissenting FERC Commissioner spelled out that such shaky “need” does not justify environmental damage nor invasion of property rights through federal eminent domain. Sure, Commissioner LaFleur, we should trust PennEast with the Delaware River like FERC told us to trust Sabal “Sinkhole” Trail about the Suwannee River?

FERC Commissioner Richard Glick On New Year’s Day Sabal Trail removed Duke Energy Florida (DEF) from its customer index. On November 14, 2017, Sabal Trail’s gas flow dropped to zero, and Sabal Trail increased its Uncommitted Capacity by 300,000 Dekatherms per day, exactly the same as DEF formerly contracted for, and thirty days after DEF’s initial contract expired. That leaves FPL as Sabal Trail’s only customer, with its 400,000 DTH/day. Four sevenths of of 93% is only about 53%, which is not even the 75% Commissioner Richard Glick also mentioned in in his Friday dissent from the 4:1 FERC rubberstamp of the PennEast pipeline, which also happens to be a feeder for Sabal Trail through Transco. Meanwhile, during freezing weather in Florida, Sabal Trail shipped zero gas for much of November and January (and hardly any in December): how is that need?

Lost Duke Energy Florida, Flow
Lost Duke Energy Florida, Sabal Trail?

No Balance

Commissioner Glick’s opening paragraph also sums up the recent WWALS motion to FERC to reject, shut off, and revoke Sabal Trail: Continue reading

City of Adel passed resolution against state fee diversions 2018-01-16

The City of Adel passed a city resolution in support of Georgia House Resolution 158, “a measure allowing the Georgia General Assembly to dedicate fee collections for their statutorily designated programs,” this Tuesday, January 16, 2018. That’s the second in the Suwannee River Basin, after Lanier County. The more of these urging resolutions that get passed, the more likely the legislature will act to schedule a Georgia Constitutional Amendment to stop many millions of dollars of diversions of state fees from their intended purposes.

Mayor, Council, Staff, Meeting
Photo: Adel City Council in their December 4, 2018 meeting, by John S. Quarterman for WWALS.

Text of the Resolution

Continue reading

Resolution against state fee diversions discussed at Valdosta City Council 2018-01-11

For our waters, last Thursday, Valdosta City Council Tim Carroll recommended (Video) a resolution in support of a resolution in the Georgia state legislature to stop state fee diversions.


      12. Council Comments - Tim Carroll
Video by Gretchen Quarterman for Lowndes Area Knowledge Exchange (LAKE) at Valdosta City Council, Thursday, January 11, 2018.

Newly elected Mayor Pro Tem Sandra Tooley wanted to know whether Continue reading

Lanier County Commission passes Resolution urging Georgia legislature to stop state fee diversions 2018-01-08

When you pay a state fee, be it for a license plate or for use of a landfill, chances are much of it is being diverted to some unrelated purpose. The Lanier County Commission today passed a resolution urging the Georgia legislature to dedicate state fees to their statutorily-designated programs.

Stop state fee diversion resolution, Board
Lanier County Commissioners Paul Brockington (District 1), Susan Bowling (District 3), Harold Simpson (District 2), Dennis Fender (District 4), and Alex Lee (Chairman). Neil Ginty (County Administrator) in pink shirt.

The Commissioners’ only question after I briefly spoke was to the County Administrator as to whether the county attorney had reviewed this resolution: she had. Thanks to Continue reading

ARWT Resolution passed by Lanier County Commission 2018-01-08

Unanimously, after reviewing the ARWT Brochure and a few words by Suwannee Riverkeeper John S. Quarterman, the Lanier County Commission passed a Resolution to support the Alapaha River Water Trail (ARWT).

Alapaha River Water Trail Resolution, Board
Commissioners Paul Brockington (District 1), Susan Bowling (District 3), Harold Simpson (District 2), Dennis Fender (District 4), and Alex Lee (Chairman). Neil Ginty (County Administrator) in pink shirt.

I believe Commissioner Susan Bowling made the motion. Thanks to her and to Continue reading

Motion to reject FERC DSEIS, to take Sabal Trail out of service, and to revoke its permit: WWALS to FERC 2017-12-29

reopen the whole basis of the FERC 2016 Order, Filing FERC, if it follows its own rules, should reject the DSEIS, stop Sabal Trail, and revoke its permit, says a motion filed today with FERC by Suwannee Riverkeeper.

Followup blog posts will feature major sections and arguments from these 20 pages with their 93 footnotes. The basic arguments are summarized on the first page:

WWALS argues that no SEIS can be complete without accounting for GHG from Liquid Natural Gas (“LNG”) exports, nor without comparing natural gas to solar power, according to precedents already set by FPL, FERC, and others, which also reopen the whole basis of the FERC 2016 Order.

FERC may not care, but the D.C. Circuit Court may, or candidates for office, or the voting public.

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

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


Filed with FERC today as Continue reading

SELC against proposed suspension of Clean Water Rule 2017-12-13

Yesterday, the Southern Environmental Law Center (SELC) submitted a sixteen-page letter against the EPA’s proposed suspension of the Clean Water Rule, on behalf fifty-six organizations including WWALS.10

Struggling to eliminate, Letter Much of that letter could as easily apply to today’s foregone vote to eliminate the FCC’s net neutrality rule. FCC Chairman Ajit Pai’s “‘unalterably closed’” views should have been enough for him to recuse himself. The three FCC Commissioners for the elimination of net neutrality made it clear they were not paying attention to the millions of public comments, despite requirements of the Administrative Procedure Act to do so. Chairman Pai with perhaps unintentional irony even argued that there was no need to hold public hearings since far more people commented online, which of course is only possible through an open Internet. Nevermind that the FCC appears to be ignoring those comments.

Similarly, the EPA does not seem to be paying attention to the “more than 680,000 public comments” on the Clean Water Rule repeal beyond taking only six days to come up with a two year delay in implementation of that rule.

The SELC letter to the EPA even cites two cases against the FCC when it says: Continue reading

WWALS to FCC: Cancel vote on Order against net neutrality

If you like hearing about outings and advocacy so you can participagte, please contact the FCC today to oppose their vote tomorrow that would greatly damage the open Internet we all use to communicate and organize.

Please call or email the three Commissioners who favor this unfortunate Order:

  • Main #: 1-888-225-5322
  • Chairman Pai: Ajit.Pai@fcc.gov
  • Commmissioner Rielly: Mike.O’Rielly@fcc.gov
  • Commissioner Carr: Brendan.Carr@fcc.gov

You can also file comments, which are publicly visible, and thus may help get others to call or write the FCC.

To submit a written comment:

  1. https://www.fcc.gov/ecfs/search/filings
  2. Either in the menu on the left (desktop) or the pulldown from the top (mobile), select Express.
  3. File a comment in WC Docket 17-108.
  4. Be sure to say you are against the proposed Order and for net neutrality.

Below is the letter I filed with the FCC today, confirmation number 20171213002539051; or see PDF.

Preserve an open Internet, Letter

Continue reading

EPA perfunctory Lack of Objections to FERC Sabal Trail DSEIS 2017-11-20

EPA doesn’t even remember when it sent its own greenhouse gas (GHG) comments to FERC, forgets that it already told FERC nevermind, and now says, despite copious evidence filed by Senators, professors, Riverkeepers, and environmental organizations from multiple states as far away as Colorado, that FERC’s incorrect and inadequate Draft Supplementary Environmental Impact Statemen (FSEIS) rates “Lack of Objections or “LO””.

EPA to FERC, Re: SMPP This latest EPA letter is dated November 20, 2017, but FERC didn’t inform intervenors about it until today, two weeks later. The EPA letter claims:

The EPA commented on the FEIS on January 25, 2016. In those comments the EPA provided several recommendations including that the FERC consider a detailed evaluation of greenhouse gas (GHG) emissions in future analyses.

Yet FERC’s Docket CP15-17 shows no comment by EPA in January 2016. It does show this same G. Alan Farmer, Director, Resource Conservation and Restoration Division, EPA, wrote a letter to FERC filed 1 December 2015 as Accession Number 20171201-0034 (see also WWALS blog post), in which he said nothing I can see about greenhouse gases, but he did basically say “nevermind” to EPA’s extensive letter of October 26, 2015, filed as Accession Number 0151102-0219 (clean text on the WWALS website), which October letter did include: Continue reading

WWALS to FWC BAC against paid permits for paddle boats 2017-11-27

Sent today. See also PDF, and previous posts about what you can do. -jsq


To: Nick Wiley, Executive Director
Fish and Wildlife Conservation Commission
620 South Meridian Street
Tallahassee, FL  32399-1600
850-488-2975
nick.wiley@MyFWC.com
Emily Herschman Davis:   850-617-9577
emily.herschman@MyFWC.com

Colonel Curtis Brown, Chairman
Boating Advisory Committee (BAC)
Curtis.Brown@MyFWC.com


Captain William Griswold, Chairman
Non-Motorized Boat Working Group (NMBWG)
WSGriz@aol.com

Re: Paid permits for non-motorized boats

Dear E.D. Wiley, Chairman Brown, and Chairman Griswold,

As the head of an organization that holds many paddle outings in Florida, I thank you for holding a public meeting tomorrow of the Boating Advisory Council that could finally put to rest the ill-advised idea of charging permit fees for paddle boats or boards. Unfortunately, I will not be able to attend, so I am sending this letter.

population density map of Florida
Stean Rayer, Ying Wang, Bureau of Economic and Business Research (BEBR), University of Florida, 30 October 2014, Measuring Population Density for Counties in Florida

Thank you, FWC Executive Director Wiley, for saying back in February Continue reading