Tag Archives: Michael Roth

The regulatory trap at SRWMD: 30 speakers, yet unanimous Nestle permit 2021-02-23

A textbook case: “We present our three-minute, passionate oration about the risk to community health, but in the end, nothing we say must be taken into account by the state in issuing the permit.&rdqup; Common Sense: Community Rights Organizing, by CELDF; thanks to Karma Norjin Lhamo for the reminder.

[Mermaid, Suwannee Riverkeeper, OSFR, Regulatory Fallacy, Charles Keith, Attorneys, Motion to Permit, unanimous SRWMD Board]
Mermaid, Suwannee Riverkeeper, OSFR, Regulatory Fallacy, Charles Keith, Attorneys, Motion to Permit, unanimous SRWMD Board

About 30 speakers gave impassioned orations for denial, after which the Suwannee River Water Management District Board unanimously approved the Nestlé permit as fast as the roll could be called.

[SRWMD Board: Larry Thompson, Lower Suwannee Basin; Charles Keith, At Large; Virginia H. Johns, Chair, At Large; Virginia Sanchez, At Large; Charles Schwab, Coastal Rivers Basin; Harry Smith, At Large; Larry Sessions, Upper Suwannee Basin]
SRWMD Board: Larry Thompson, Lower Suwannee Basin; Charles Keith, At Large; Virginia H. Johns, Chair, At Large; Virginia Sanchez, At Large; Charles Schwab, Coastal Rivers Basin; Harry Smith, At Large; Larry Sessions, Upper Suwannee Basin. Notice nobody on the SRWMD Board representing the Santa Fe River Basin. Water taxation without representation.

As one prominent local activist said afterwards, “Two years out of my life I’ll never get back! I don’t know if I’ll ever come back here.”

Sure, voting in a governor who would appoint better WMD board members would help, and into the legislature, too. New legislators would help pass what is really needed: a Bill of Rights for Nature.

That is a way out of the Regulatory Fallacy Box. Continue reading

Help SRWMD reject Nestle permit 2021-02-23

You can help the Suwannee River Water Management District Board uphold the public interest and reject Nestlé’s water withdrawal permit application.

[Agenda, Board, No Permit]
Agenda, Board, No Permit

Even SRWMD’s legal counsel only recommends approving the Seven Springs permit “under protest.” The DOAH judge’s Order is actually only a RECOMMENDATION, and the District filed eighteen pages of exceptions to that Order. The judge disallowed most of those exceptions, but SRWMD is still holding open the possibility of appeal with that “under protest”.

The Judge’s Order dances around the basic question: is putting water in plastic bottles after taking it from the Floridan Aquifer next to a depleted river and springs, all for profit of a Swiss company, in the public interest? Florida law and the judge attempt to narrow what can be considered down what can be considered for the public interest to what is in Florida rules or a handbook, even though none of those adequately address the real issues. The plain fact is that a contract to sell water does not determine any public interst in cleaning up plastic bottles from our springs and rivers, nor does it determine any public interest in lower springs and rivers, with bad effects on wildlife, public use of those waters, and eventually on drinking water.

The SRWMD board can deny this permit because it is not in the public interest. You can help them do so.

It almost looks like the SRWMD counsel is asking people to come protest, since he repeatedly mentions that Our Santa Fe River (OSFR) filed legal motions and both Merrillee Malwitz-Jipson and Michael Roth spoke in the legal hearing. Disclosure: WWALS has provided some financial support for OSFR’s legal actions in this matter.

If you’re going to attend this Special Meeting in person, get there early to get a spot. To attend online, be sure to sign up for both the webinar and cal in for audio. If you want to comment, you must also sign up for that separately. Don’t wait for the second day: if that happens at all, there will be no public comment.

So come early on the first day, in person or online, Tuesday, February 23, 2021.

The entire SRWMD Special Meeting Board packet is on the WWALS website: https://www.wwals.net/pictures/2021-02-23–srwmd-nestle-special-meeting-packet/

Here is the agenda, with how to attend online: Continue reading

Public interest should be considered with water-bottling permit –Mike Roth, Gainesville Sun 2021-02-01

WWALS member and OSFR president Mike Roth wrote an op-ed in the Gainesville Sun, February 1, 2021, Public interest should be considered with water-bottling permit,

Despite the impression given by a recent ruling on Nestle’s water-bottling operation near High Springs, the public’s right to clean and plentiful water has been protected by the Legislature.

Mike Roth addressing SRWMD
Photo: John S. Quarterman, of Mike Roth addressing the SRWMD Board.

Previous legislative bodies (no, not the current one) were interested in protecting the public. Section 373 of the Florida Statutes, the section that governs water permitting, makes 46 references to “public interest.”

What they forgot to do, unfortunately, is define “public interest.” Anywhere.

Judge G.W. Chisenhall, the administrative judge ruling on the water-bottling permit, recently decided that Seven Springs Water Co. met requirements to pump water from the Ginnie Springs aquifer for Nestle. His decision was based on a part of the administrative code (Rule 40B-2.301) that cites “public interest” not once, but twice.

So why did he not consider the almost 19,000 comments from the public in opposition to this permit? Maybe it is because the issue was specifically banned from discussion in the case, primarily because it was not raised by the Suwannee River Water Management District in the first place. It would be interesting to see the work papers in the district’s files where the staff even considered the “public interest.”

For every water permit that district staff approve, they assert that the request is in the public interest. How can they make this assertion when the term isn’t even defined in the law?

Judge Chisenhall also alludes to Rule 40B-2.301 when he asserts that “all of the water withdrawn by Seven Springs will be utilized for a beneficial use, i.e., bottled water for personal consumption.”

Beneficial to whom? Nestle? It is certainly not beneficial to the health of the Ginnie Springs complex springshed — which, by the way, might be considered to be in the “public interest.”

Our Santa Fe River tried to get into the skirmish and have our very experienced and diligent scientists demonstrate that the withdrawals would be harmful to the springshed and the Santa Fe River. But that issue, too, was banned from discussion because it was not raised by the Suwannee River Water Management District in the first place.

Even the Seven Springs attorneys happily pointed out that “none of the grounds for denial at issue in this proceeding include any environment or resource protection criteria.” Well, why the heck not?

And while we’re speaking of “beneficial use,” does the Suwannee River Water Management District recognize that the Santa Fe River has been running below Minimum Flows and Levels since MFLs were established? With water beneficial to everyone, part of their job is triage.

Seven Springs asserts that its withdrawal “represents between 0.6% and 0.9% of the combined Ginnie Springs flow rate” as compared to permitted agricultural water withdrawals in 2018, which represent “between 15% and 22% of the approximated spring flow.” But was there any consideration of the relative importance of grain and meat compared to putting water in polluting plastic bottles?

“Ownership and control” was yet another disallowed issue, even though it is a major underlying concept of Section 373 of the Florida Statutes and the related Rule 40B-2.301. Why? Because the Suwannee River Water Management District never brought it up.

Seven Springs does not own the wells, the pipeline from the wells to the bottling plant, or any part of the bottling plant or the land that it is on. It does indeed have an “extraction agreement” with the owner of the wells that the land is on, the matriarch of the family that owns Ginnie Springs Outdoors.

Presumably, then, you or I could dig a well in our backyard, pull out a million gallons a day and sell it to a third party. It only took Suwannee River Water Management District Board member Donald Quincy a few minutes when this permit first came before the board last August to question this, going so far as to cause the board to table the permit to get the ownership and control matter settled.

But Judge Chisenhall wasn’t hearing any part of it: Continue reading

Videos: John Moran, Doug Shields, Chuck O’Neal @ FL RoNCon 2020-02-08

The two days John Moran spent writing his talk paid off, along with the years of photographing what was and what is left of the waters of Florida. If you watch none of the rest of these videos from the Florida Bill of Rights for Nature, the three with John Moran’s talk are well worth your time.

John Moran

Below are links to each WWALS video. I didn’t video everything; mostly a few speakers whom I had told in advance.

Doug Shields explains how he got the Pittsburgh, PA, City Council to be the first in the U.S. to ban fracking, and how it spread from there, and what that has to do with Rights of Nature.

Chuck O’Neal of WEBOR explains the three ways you can get a Bill of Rights for Nature passed in a Florida County, and how he did it in, Orange County

As already posted, David Moritz explains the one that may have started it all in Florida, Santa Fe Bill of Rights (SaFEBoR).

You should be able to follow the demonstration of Tools not working for Florida’s environment even if you don’t know FDEP from a WMD, or if you’re familiar with a different state or country. The problems are the same everywhere: laws, agencies, and rules rigged against nature. That’s why we need a Bill of Rights for Nature, in each county, state, and country. Continue reading

Florida Rights of Nature Convention 2020-02-08

Update 2020-02-09: Videos: John Moran, Doug Shields, Chuck O’Neal @ FL RoNCon 2020-02-08

What Santa Fe Bill of Rights (SAFEBOR) started only nine months ago has blossomed into a dozen county or river Rights of Nature movements across the State of Florida.

David Moritz, SAFEBOR

Here is WWALS video of what David Moritz said about SAFEBOR. More will follow, especially of what John Moran said. Continue reading

Seven more Georgia, Three more Florida, plus slides: ask GA-EPD to tell everyone about spills in Georgia; you can, too! 2018-11-15

Update 2018-12-21: GA-EPD daily online Sewage Spill Reports!

Update 2018-12-14: Now plus a petition individuals can sign.

Update 2018-12-12: Four more Georgia groups make 31: Georgia Women (And Those Who Stand With Us), Atlanta Audubon Society, Chattahoochee Parks Conservancy, and No Ash At All—Wayne County.

[More Signatures]

Florida groups: you can sign on, too, like some already have!

Update 2018-11-15: Three more Georgia groups make 27: GARC, Ogeechee Riverkeeper, and SELC. Plus slides: Continue reading