Tag Archives: NEPA

WWALS response to opposition comments by Eagle LNG about small, inland LNG 2022-10-17

Safety, water, air, and economy are still at risk because of the regulatory gap FERC opened in 2014 and 2015 when it abandoned oversight of small, inland, LNG facilities. That gap has left PHMSA holding the bag for environmental oversight, which PHMSA does not do. It has left DoE FE authorizing LNG export licenses with no environmental oversight.

WWALS supplied much new evidence and developments about the safety, environmental, and economic effects of such facilities in this rebuttal of opposition comments by Eagle LNG. The Federal Energy Regulatory Commission (FERC) should take this new information into account in opening a Rulemaking to revisit, reconsider, and possibly revoke its decisions to abandon oversight of such facilities.

Introduction, Conclusion

The letter

On October 17, 2022, WWALS filed this PDF with FERC as Accession Number 20221017-5134, “RESPONSE of WWALS Watershed Coalition, Inc. to opposition comments by EAGLE LNG under RM22-21-000.”

You can sign on to ask new U.S. administration for clean water

Suwannee Riverkeeper is one of the many signatories on this Waterkeeper Alliance first 100 days plan:

With the Biden administration set to assume power next month, we’re strategizing what the next four years will mean for our movement to protect clean water and a healthy environment. We cannot celebrate until every environmental protection is restored and strengthened.

As the new administration prepares its plans for the next four years, it’s essential that key clean water and climate priorities are addressed at the outset. The first 100 days of Biden’s presidency will set the stage for the administration’s environmental policies — they must get things right from the start.

The last four years have posed immeasurable challenges to environmental protection — devastating more than 100 environmental safeguards and undoing decades of progress in the fight for clean water and a sustainable planet.

We have a plan to right those wrongs and chart a new course — one that puts clean water and a healthy environment front and center. And, as always, we’ll need your help to execute it.

Sign your name today to support our proposal for the Biden administration to immediately prioritize our waterways, communities, and planet in its first 100 days.

Our asks for the Biden administration’s first 100 days are:

Protect Public Lands and Waters from Fossil Fuel Extraction: Ban new fossil fuel leasing and permitting on publicly owned federal lands;
Prioritize Environmental Justice: Immediately prioritize reversing the grave systemic damage done to environmental justice policy and enforcement in the United States over the past four years and charting a new just and equitable course for the 21st century;
Issue a New Executive Order to Restore the Clean Water Act: Expedite the process for repairing the broken definition of “waters of the United States,” repealing the Trump Dirty Waters Rule and replacing it with science-based protections for our waterways, and reinstating state and tribal authority and public participation rights under section 401 of the Clean Water Act;
Restore the National Environmental Policy Act (NEPA): Repeal Trump’s NEPA rollback and strengthen public participation in projects impacting the environment; and
Rescind Trump’s Most Damaging Environmental Executive Orders: Revoke executive orders that directed all federal agencies to roll back our environmental protections in favor of the outgoing administration’s pro-polluter agenda.

These are the issues that will guide our advocacy efforts as the new administration assumes leadership — the same issues that the Waterkeeper movement has been advocating for for years. It’s now on all of us to ensure they become priorities of the new administration.

Show your support today by signing on to our proposal for the Biden administration’s first 100 days. We need each and every one of you to join in the fight for drinkable, fishable, swimmable water.

Follow this link to sign on:
http://action.waterkeeper.org/landing-pages/tell-biden-its-time-to-put-clean-water-and-a-healthy-environment-front-and-center

You may also want to ask for repeal of this EO, which promotes mining at the expense of everything else, including environment and property rights:

Executive Order 13817 of December 20, 2017 (A Federal Strategy To Ensure Secure and Reliable Supplies of Critical Minerals)

That EO is being used as an excuse by the Alabama company that wants to mine titanium far too near the Okefenokee Swamp in Georgia, which also affects Florida directly. Continue reading →

The illusion of pipeline invincibility is shattered –WWALS Brief to FERC in Sabal Trail Rehearing

Let’s cut to the chase in the letter we filed with FERC yesterday:

11. Historic new circumstances add up

The sun never set on the British Empire. Until it did.
No one circumstance ended that Empire, but it is easy to point at major events that accelerated its demise, such as the independence of India and the Suez Incident. Its fall started after the illusion of its invincibility was shattered by Gandhi’s campaign of civil disobedience and other events such as World War II.

The illusion of invincibility of the inland colonial empire of pipelines has been shattered by recent court orders about the ACP, DAPL, and others, and especially by the shut down of the Dakota Access Pipeline and the shuttering of the Constitution Pipeline and the Atlantic Coast Pipeline. All of those pipelines were expected to be built, and DAPL actually was built before being ordered to shut down and empty. Now the world knows that pipelines are not inevitable.

All these pipeline projects, like Sabal Trail, were opposed by nonviolent protests and political and legal actions. All those methods of opposition, combined with the sea-change in progress to renewable energy, eventually added up to a new and significantly different world than that in which Sabal Trail was permitted or re-permitted.

The shut down of DAPL and the abandonment of ACP as well as the court rejection of tolling orders make it a new world even since FERC’s June 19, 2020, Order granting a rehearing on Sierra Club’s motion.

FERC should initiate a new [Supplemental Environmental Impact Statement] EIS that should take into account Sabal Trail’s own track record of leaks and sinkholes, as well as leaks and accidents from [Liquid Natural Gas] LNG export and LNG transport in rail cars, the speeding demise of fossil fuels as evidenced by record low LNG export prices and bankruptcies of frackers, the court rejections of DAPL, ACP, and tolling orders and how much of Sabal Trail could never have been built through environmental justice communities without tolling orders, the coronavirus pandemic, and the rapid rise of renewable solar, wind, and battery power as evidenced by FPL and Sabal Trail partners Duke and NextEra, as well as by FERC’s own numbers. All of those new and significant circumstances make pipelines such as Sabal Trail toxic stranded assets, dangerous to the bank accounts of their investors, as well as to the environment, justice, and human health.

Conclusion
For the reasons stated above, WWALS asks FERC to grant Sierra Club’s motion for stay of the Commission’s letter order of April 22, 2020, to halt Sabal Trail Phase II, and to commence a Supplemental Environmental Impact Statement (SEIS) taking into account all of the above new and significant circumstances.

Third-party inspection, recission, stay, SEIS

For those who are not familiar with tolling orders, they are basically how, after the Federal Energy Regulatory Commission (FERC) gives federal eminent domain to a private pipeline company, FERC lets that pipeline company take land before any payment to the landowner or even any agreement is reached. Without tolling orders, it’s not clear the FERC will ever get another pipeline built.

Here’s a longer explanation. Continue reading →

Last day to comment to the Corps against strip mine near Okefenokee Swamp 2020-05-28

Today is the last public comment day to ask the Corps to stop a strip mine so close to the Okefenokee Swamp you can see both from a few hundred feet up.

Drone aerials of titanium mine site near Okefenokee Swamp 2019-11-23.

As the U.S. Fish and Wildlife Service told Georgia Sen. Purdue last November,

“The initial project location is the farthest that mining activity would be from the Okefenokee National Wildlife Refuge (NWR) boundary and the Okefenokee Swamp. Any additional mining that occurs within the 12,000-acre permit area would be closer to the refuge. The northwest boundary of the permit area is within a half mile from the refuge boundary and 400 feet from the edge of the Okefenokee Swamp.”

FWS also spelled out the bottom line: “It is the responsibility of the permit applicant to demonstrate what the extent of impacts of the project will be to surrounding natural resources.”

And the applicant still has not done that, not even in its second application.

A few miners profiting by selling titanium dioxide for paint is nowhere near sufficient reason to risk the unique treasure that is the Okefenokee Swamp, which is also the headwaters of both the Suwannee and St. Marys Rivers.

Please comment to the Corps

Today you can still ask the U.S. Army Corps of Engineers to stop this strip mine:
To: CESAS-SpecialProjects@usace.army.mil
Re: Applicant: Twin Pines Minerals, LLC, Application Number: SAS-2018-00554

Be sure to ask the Corps to deny the permit, or at least to require an Environmental Impact Statement.

Or use the convenient comment form in this Action Alert by Waterkeeper Alliance:
https://waterkeeper.org/news/take-action-protect-okefenokee-swamp-from-a-titanium-mine/

Or this convenient comment form by Georgia River Network:
https://www.congressweb.com/GEAN/225

For far more information about this bad strip-mining proposal, see:
https://wwals.net/issues/titanium-mining/

-jsq, John S. Quarterman, Suwannee RIVERKEEPER®

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

Any additional mining would be closer to the refuge. –FWS to Sen. Perdue 2019-11-21

“The initial project location is the farthest that mining activity would be from the Okefenokee National Wildlife Refuge (NWR) boundary and the Okefenokee Swamp. Any additional mining that occurs within the 12,000-acre permit area would be closer to the refuge. The northwest boundary of the permit area is within a half mile from the refuge boundary and 400 feet from the edge of the Okefenokee Swamp,” wrote the Fish and Wildlife Service to Senator David Purdue.

You can still comment to the Army Corps demanding an Environmental Impact Statement.

Photo: John S. Quarterman, Okefenokee Swamp, 2017-12-10

The U.S. Fish and Wildlife Service (FWS) wrote that in response to an inquiry by Senator David Perdue of Georgia. Sen. Perdue also asked if FWS actually had jurisdiction over the proposed mining area, and FWS replied saying that it did have several kinds of oversight.

But FWS spelled out the bottom line: “It is the responsibility of the permit applicant to demonstrate what the extent of impacts of the project will be to surrounding natural resources.”

And the applicant still has not done that, not even in its second application.

No longer discussing the northern reaches of its landholdings much doesn’t mean Continue reading →

Reject or EIS: Twin Pines Minerals mine near Okefenokee –U.S. Rep. Al Lawson 2020-02-13

U.S. Rep. Al Lawson Jr, Twitter, 2PM, 14 February 2020, @RepAlLawsonJr,

I sent a letter to the Army Corps of Engineers to express my concerns about Twin Pines Minerals, LLC’s plan to mine for titanium near the Okefenokee National Wildlife Refuge. These actions could have detrimental effects on the area’s biodiversity and natural resources.

U.S. Rep. Al Lawson to USACE

AL LAWSON
5TH DISTRICT, FLORIDA
ASSISTANT MAJORITY WHIP
COMMITTEE ON
FINANCIAL SERVICES
COMMITTEE ON
AGRICULTURE

Congress of the United States

House of Representatives

Washington, DC 20515-0905

February 13, 2020

Col. Daniel Hibner
U.S. Army Corps of Engineers
Savannah District
100 W. Oglethorpe Avenue
Savannah, Georgia 31401

Dear Hearing Officer:

I am writing to express my concerns about Twin Pines Minerals, LLC’s application for a clean water (CWA) permit to mine for titanium near the Okefenokee National Wildlife Refuge, Osceola National Forest, and Osceola Wildlife Management Area. I urge the U.S. Army Corps of Engineers (Corps) to carefully consider the significant environmental, social, and economic costs that could occur if the permit is granted. It is crucial that the Corps require an environmental impact statement under the National Environmental Policy Act (NEPA). Furthermore, the Corps should reject the permit application if it appears the mine will harm the environment.

If approved, the project would destroy portions of Trail Ridge, which acts as Continue reading →

FERC and Sabal Trail admit Sierra Club won 2018-07-03

One week after losing a jury trial in the U.S. Middle District Court of Georgia, the Sabal Trail fracked methane pipeline and its purveyor of federal eminent domain, the Federal Energy Regulatory Commission (FERC), declined to appeal their huge DC District Court loss of last August.

Sierra Club, Press Release, 3 July 2018, Fracked Gas Pipeline Company and Federal Regulator Will Not Seek Supreme Court Review of Landmark Ruling: Existing Decision Means FERC Must Consider Downstream Greenhouse Gas Emissions,

WASHINGTON, D.C. — Neither the builders of the fracked gas Sabal Trail Pipeline nor the Federal Energy Regulatory Commission (FERC) will ask the Supreme Court to review a landmark ruling by the U.S. Court of Appeals for the District of Columbia Circuit from last year. That decision required FERC to consider the effects of downstream greenhouse gases when deciding whether to approve proposed pipelines that transport gas.

In response, Sierra Club Staff Attorney Elly Benson released the following statement:

Elly Benson, Sierra Club Staff Attorney

“We are glad to see FERC accept its responsibility to consider greenhouse gas emissions from burning transported gas at downstream power plants. These dirty, dangerous, and unnecessary pipelines pose a threat to our communities and climate. They should not be proposed, much less built, at a time when clean, renewable energy sources are abundant and affordable. We will continue to monitor the pipeline permitting process to ensure the law is followed.”

The pipeline industry press was not thrilled. Charlie Passut, Natural Gas Intelligence, 5 July 2018, FERC Declines to Appeal Landmark GHG Case to Supreme Court, 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””.

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 →

From pipelines to renewable energy and efficiency –Sierra Club 2017-08-29

“Once the court officially returns the matter to FERC, the pipeline should cease operations while FERC undertakes the new analysis,” wrote Elly Benson, lead attorney for the case Sierra Club just won against Sabal Trail.

She summed up: ”Instead of sacrificing our communities and environment to build unnecessary pipelines that “set up surefire profits” for pipeline companies at the expense of captive ratepayers, the focus should be on transitioning to clean renewable energy and energy efficiency—especially in the Sunshine State. Forcing federal agencies to grapple with the true climate impacts of dirty fossil fuel projects is a big step in the right direction.”

She leads off this fourth in a WWALS news roundup series (1, 2, 3) about that case, followed by Gordon Rogers, Flint Riverkeeper, another party to the case.

WWALS is not a party to that case and does not speak for the parties, so I can be a cheerleader for them. Shut it down! Let the sun rise!

How many pipelines do we want? None! When do we want them? Never! —WWALS at the Sabal Trail Suwannee River crossing, 15 August 2015.

Elly Benson, Sierra Club, 28 August 2017, In Major Climate Decision, D.C. Circuit Rejects Federal Approval of Sabal Trail Pipeline, Continue reading →

This is wind in our sails and could be the end of Sabal Trail –Suwannee Riverkeeper in VDT 2017-08-24

Update 2017-08-29: Fourth news roundup: From pipelines to renewable energy and efficiency –Sierra Club 2017-08-29

“This is wind in our sails and could be the end of Sabal Trail,” Quarterman said, on the front page of the newspaper of record in the largest city in the Suwannee Basin, the Valdosta Daily Times.

We got sails no one can see.
Suwannee Riverkeeper Vessel on the Suwannee River protesting Sabal Trail 2017-01-14

As Frank Jackalone says (see below), FERC has been getting away with murder. And now maybe they can’t.

Thomas Lynn, Valdosta Daily Times, 23 August 2017, Court decision to impact Sabal Trail pipeline, Continue reading →

WWALS Watershed Coalition (WWALS) is Suwannee RIVERKEEPER®

A healthy watershed with clean, swimmable, fishable, drinkable water.