Tag Archives: Sierra Club

Huge win for Waterkeepers: Court stops FDEP assumption of water permitting, and countersuit 2024-02-15

In a rare huge win for conservationists, on February 15, 2024, St. Johns Riverkeeper, Miami Waterkeeper, and co-plaintiffs won their case to stop the Florida Department of Environmental Protection (FDEP) from assuming wetlands permitting.

[Florida panther, Waterkeepers Florida]
Florida panther, Waterkeepers Florida

FDEP assumption was always a bad idea. “The toxic algae blooms that now plague Florida are a direct result of the state’s decades-long failure to protect our waterways from wildlife-choking pollution,” Jason Totoiu, a senior attorney at the Center for Biological Diversity, said in a statement. “Now the state wants to make it even easier to dredge and fill wetlands that help filter these pollutants.”

Here’s the original lawsuit.

Jim Saunders, WUSF & News Service of Florida, February 19, 2024, A judge sides with environmentalists in wetlands permitting shift,

In a win for environmental groups, a U.S. district judge Thursday ruled that federal officials did not follow required steps in 2020 before shifting permitting authority to Florida for projects that affect wetlands.

Washington, D.C.-based Judge Randolph Moss, in a 97-page decision, found that actions by the U.S. Fish and Wildlife Service and the U.S. Environmental Protection Agency violated the Endangered Species Act. Moss vacated the approval of the shift to the state.

Continue reading →

Groundwater considered important: WWALS to EPA 2022-02-07

WWALS sent EPA some comments on groundwater, which is very important here above the Floridan Aquifer in south Georgia and north Florida.

WWALS also signed on to comments by Waterkeeper Alliance and SELC, but SELC wrote almost nothing about groundwater, and there was more to say than was in the WKA comments. Those other comments are on the WWALS website.

The WWALS comments should appear on regulations.gov, Docket number EPA-HQ-OW-2021-0602, with Comment Tracking Number kzd-8bdc-p6xf, after EPA finishes reviewing it. Here they are in PDF and inline below.

[Dead River Sink, Alapaha River Rise, WWALS Letter to EPA]
Dead River Sink, Alapaha River Rise, WWALS Letter to EPA

Continue reading →

Chemours: new Florida mine, what about next to the Okefenokee Swamp in Georgia? 2021-04-23

On the same day the Florida Department of Environmental Protection (FDEP) filed a notice of intent to issue a permit for a new titanium mine on Trail Ridge in Bradford County, Florida, the Sierra Club posted an action alert for people to ask what does Chemours intend to do about the Twin Pines Minerals mining application within three miles of the Okefenokee Swamp in Charlton County, Georgia?

You can use the Sierra Club Action to ask Chemours to disavow any interest in that Twin Pines Minerals mine or site.
https://act.sierraclub.org/actions/Georgia?actionId=AR0326624

Georgia Governor Brian Kemp welcomed yet another Chemours mine to Georgia just last fall, yet the day before these two events he refused to state an opinion on the proposed mine next to the Okefenokee Swamp. You can ask him to speak up against it, by using the Waterkeeper Alliance Action Alert, which will send a message to the Georgia Environmental Protection Division (GA-EPD) and Georgia elected officials asking them to reject the permit applications for that site.
https://wwals.net/?p=55092

[Map of mines on Trail Ridge, Twin Pines Minerals, Chemours]
Map of mines on Trail Ridge, Twin Pines Minerals, Chemours

The Twin Pines Minerals proposed mine site is in the middle right of this map, barely southeast of the Swamp, south of Chemours Mission Mine North and Mission Mine South in Georgia, and north of a string of Chemours mines in north Florida, with the new Chemours Trail Ridge South Mine indicated at the bottom end of that row.

Why would Chemours not be interested in a mine in the middle of Trail Ridge, where Twin Pines Minerals has said the mining is the most convenient? 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]
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 →

FPL and JEA exiting Plant Scherer Unit 4 near Macon, GA 2020-06-26

The biggest, dirtiest, coal plant in the country is losing the owners of one of its four units: Plant Scherer, near Juliette, Georgia, north of Macon. Florida Power & Light (FPL) and the Jacksonville Electric Authority (JEA), are bailing out of their 76.4% and 23.6% shares of unit 4, by January 2022. Somebody else may buy into unit 4, and thus Georgia Power may keep it running. But maybe not, considering the reason for FPL and JEA exiting is that the plant is no longer economical to run. Meanwhile, where will the coal ash go?

At least maybe soon less mercury will go into the air and come down in the Withlacoochee and Alapaha Rivers and the Okefenokee Swamp.

JEA: Plant Scherer
Photo: JEA. Plant Scherer, located near Macon, Georgia, is operated by the Georgia Power Company. Unit 4, one of the four steam units located at the site, is partially owned by JEA. Unit 4 uses coal to produce JEA’s 200 MW portion of electricity output, which is delivered to Jacksonville over large, high-voltage electric transmission lines.

This move was signaled in FPL’s Ten Year Power Plant Site Plan 2020 – 2029, Submitted To: Florida Public Service Commission, April 2020:

(i) Retirement of Existing Generating Units That Are No Longer Economic to Operate:

…the retirement of FPL’s ownership portion (approximately 76%) of the coal-fueled Scherer Unit 4 unit in Georgia is planned by January 2022. FPL’s ownership portion of this unit is approximately 630 MW.

The news is not all good. Brendan Rivers, wjct, 26 June 2020, JEA Approves Plan To Close Unit At Plant Scherer, 1 Of Nation’s Biggest Carbon Emitters,

The transaction approved by the board includes JEA entering into a Continue reading →

Tens of thousands commented against a strip mine near the Okefenokee Swamp

Hahira, Georgia, May 30, 2020 — From every U.S. state and beyond, tens of thousands comments poured in to the Army Corps against a permit application for a titanium strip mine far too near the unique blackwater gem of the Okefenokee Swamp. The comment period ended Thursday. You and your elected officials can still ask the U.S. Army Corps of Engineers to do the right thing and deny this permit, or at least require an Environmental Impact Statement.

[44,000 commenters against strip mine on a map]
44,000 commenters against strip mine on a map

“With its unique ecosystem and incomparable beauty,” says Suwannee Riverkeeper John S. Quarterman, “the Okefenokee Swamp is a national and international treasure, and the source of the St. Marys and Suwannee Rivers. With its opportunities for boating, birding, fishing, photography, adventure, and hunting nearby attracting 600,000 visitors a year and supporting more than 700 jobs, the Okefenokee National Wildlife Refuge (NWR) provides more economic benefit to each of Georgia and Florida than any other refuge.”

The groups supporting the Swamp and opposing the mine include twenty Waterkeepers from three states, and umbrella organizations Waterkeepers Florida and Waterkeeper Alliance.

Contact: John S. Quarterman, Suwannee Riverkeeper, contact@suwanneeriverkeeper.org, 229-242-0102.

See below for a longer press release from Georgia River Network about the several dozen organizations loosely associated to protect the Okefenokee Swamp from anything that might harm it, such as this strip mine for private profit for paint.

Tens of Thousands Voice Opposition Over Mine Proposed to be Located Next to the Okefenokee Swamp

Continue reading →

Industry press: WWALS and Sierra Club oppose FERC rubberstamp of Sabal Trail compressor stations 2020-04-23

Sabal Trail is no exception to widespread pipeline opposition, notes a prominent fossil fuel industry publication, especially for the recent decision by the Federal Energy Regulatory Commission (FERC) to authorize operation of Sabal Trail’s Phase II Albany, GA, compressor station during a virus pandemic. Neither Platts nor the AJC noted the Dunnellon, FL, compressor station was also authorized in Phase II, even though that site already leaked before station construction started.

[Platts: Sabal Trail Phase II Compressor Stations]
Platts: Sabal Trail Phase II Compressor Stations, from FERC Sabal Trail Final Environmental Impact Statement.

Maya Weber, Joe Fisher ed., S&P Global Platts, 2020-04-23, Sabal Trail gets FERC OK to start compression, over green group objections.

The article first rehearses Sabal Trail’s request for a six-month extension and about-face request for immediate operations, which FERC rubberstamped. You can read about that in more detail in the previous WWALS blog post. That post also has details of the WWALS and Sierra Club objections that the Platts article then notes.

[Site Plan]
Site Plan
PDF

Urging denial

Sierra Club and WWALS Watershed Coalition in recent weeks urged FERC to deny the request in separate filings.

“The Albany compressor station would increase air pollution—which has been linked to higher coronavirus death rates—in a predominantly African American community that has ‘one of the highest infection rates in the country,'” wrote Sierra Club attorney Elly Benson in an April 13 letter to FERC, citing news articles. “Now is not the time to needlessly increase the pollution burden on an environmental justice community that is particularly vulnerable to these threats.” She said 84% of residents within a half-mile radius of the Albany facility are African American.

[Aerial]
Aerial
PDF

But here’s a name we haven’t seen in a while.

Andrea Grover, Continue reading →

On Earth Day, FERC approved Sabal Trail Albany, GA, and Dunnellon, FL, compressor stations 2020-04-22

FOR IMMEDIATE RELEASE

FERC on Earth Day rubberstamped Sabal Trail pipeline compressor stations in Georgia virus hotspot and Florida location that already leaked

Hahira, Georgia, April 23, 2020 — “What better way to say they don’t care, than to do this on Earth Day?” said Suwannee Riverkeeper John S. Quarterman, “The Federal Energy Regulatory Commission (FERC) broke out its rubberstamp during a virus pandemic, ignoring its own process, as well as all the comments and our motion against, to approve turning on two compressor stations, including one in Albany, Georgia, which is the Georgia city worst-affected by the virus, and another at a site near Dunnellon, Florida, which already leaked multiple times even before construction started.”

[Project Location Map]
Project Location Map

Methane from fracking is not more important to push through a Sabal Trail pipeline than the health of local people or even Sabal Trail’s own workers.

Compressor Station from FL 200
Photo: WCJB, of Sabal Trail Dunnellon Compressor Station after leak, 2017-08-11.

Quarterman added, “With the price of oil negative and “natural” gas down 40%, it’s time to ask investors if they want to go down with the fossil fuel ship of fools and time to ask politicians if they want this to be their legacy.”

Only four weeks before the FERC approval letter, FERC opened a comment period on a request by Sabal Trail for six more months to finish these same facilities, in which Sabal Trail cited the virus pandemic as a reason. Contradicting its own request, and during that two-week period, Sabal Trail asked FERC to go ahead and approve turning on both compressor stations, which must involve Sabal Trail workers working during pandemic conditions.

FERC did not even mention that WWALS Watershed Coalition (WWALS) had moved to deny, nor any of the numerous other comments against turning on the compressor stations.

For that comment period, FERC required organizations to file again to be Intervenors, and only organizations that were already Intervenors on the process of the underlying FERC docket could do that. The only one to do that was Suwannee Riverkeeper for WWALS (see PDF). WWALS also filed a motion to halt Sabal Trail’s Phase II (which is mostly these two compressor stations), to deny Sabal Trail’s request to turn the compressor stations on, and to invoke penalties for already being two years late (see PDF). WWALS reasons to deny included repeated previous leaks at the Dunnellon Compressor Station of hazardous Mercaptan odorant, as well as leaks of methane at the Hildreth Compressor Station in Suwannee County, Florida, plus sinkholes at the Flint River near the Albany Compressor Station, the virus pandemic, and Sabal Trail gas going to private profit through Liquid Natural Gas (LNG) export, making a mockery of local landowners having to give up easements through federal eminent domain supposedly for the public good of the United States.

WWALS also noted that the only “justification” for Sabal Trail was alleged “market need,” and there was none any more, since oil and gas prices had dropped through the floor. Since then, oil prices actually went negative for the first time in history, and natural gas prices are down more than 40% from only six months ago.

FERC did not address the concerns raised by Our Santa Fe River (OSFR) about leaks, breach of commitment, and endangering commmunities Continue reading →

Videos: Toll roads as prosperity drain and climate change, at M-CORES toll road meeting, Madison, FL 2020-02-11

More toll roads could drain prosperity, and more driving means more climate change, said two speakers at the meeting in Madison County, Florida, February 11, 2020.

You can send your opinion to FDOT.Listens@dot.state.fl.us. And Sierra Club has provided a convenient way for Floridians to tell FDOT No Build:
https://addup.sierraclub.org/campaigns/no-roads-to-ruin/take-action

See also the No Roads to Ruin Coalition facebook page.

A couple of speakers in Madison were for the toll roads, both claiming economic benefits. Madison County later terminated the consulting contract for one of them as a cost-cutting measure due to virus pandemic.

If one county can do that, the state of Florida can do that, as we previously suggested. See also Philip Beasley, South Florida Sun-Sentinel, April 12, 2020, Put federal dollars in hands of jobless.

Here are the WWALS videos of speakers in Madison:

U.S. EPA still says mine would have substantial and unacceptable impact –Suwannee Riverkeeper 2019-12-31

In the Charlton County Herald, December 31, 2019:

Dear Editor,

The burden of proof is still on the miners to show their mine would not damage the Swamp or the Rivers, and they have not met that burden.

U.S. EPA still finds that “the proposed project will have a substantial and unacceptable impact on aquatic resources of national importance.”

[Distant 2019-11-23]
Anonymous drone aerial of heavy equipment on the mining site 2019-11-23.
River Styx is in the background, Okefenokee Swamp is on the horizon.
St. Marys River flows out top left horizon. Suwannee River flows out far side of Swamp.

That’s about “the permit application submitted by Twin Pines Minerals, LLC” for a titanium strip mine. “The proposed 2,414-acre mine area lies in proximity to the Okefenokee National Wildlife Refuge (NWR), and the potential secondary effects of the mine on the NWR have not been demonstrated by the permit applicant.”

This is the second letter EPA has sent to the U.S. Army Corps of Engineers saying the mining application is deficient. We obtained a copy through a Freedom of Information Act (FOIA) request. The entire letter is here: https://wwals.net/?p=50931.

You, too, can still comment to the USACE, and all comments they receive before the Corps announces a decision can be used in any potential lawsuits. The addresses are: Continue reading →