Tag Archives: Supreme Court

Florida Right to Clean Water: get petition signatures for court review 2022-11-10

Update 2023-04-01: Florida Right to Hunt and Fish breezing through legislature towards 2024 ballot 2023-03-27.

Floridians, now’s the time to get the petition through the first hurdle: Florida Supreme Court review by March 1, 2023. 223,000 signatures is doable if enough people help.

If you’re a registered Florida voter, go here and sign the petition:
https://www.floridarighttocleanwater.org/

[Unite for Clean Water flyer]

And join the campaign:
https://www.floridarighttocleanwater.org/uniteforcleanwater

Individuals, groups, businesses, or non-profits: all can help get constitutional protection for our rivers, creeks, springs, sinks and swamps, not to mention drinking water.

More about Right to Clean Water in Florida and Georgia here:
https://wwals.net/issues/right-to-clean-water/

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

You can join this fun and work by becoming a WWALS member today!
https://wwals.net/donations/

Supreme Court ruling on underground water could affect proposed titanium strip mine too near the Okefenokee Swamp

Here’s yet another reason you can cite when you ask the Georgia Enviromental Protection Division (GA-EPD) to stop the mining proposal by Twin Pines Minerals (TPM) to strip mine near the Okefenokee Swamp, above the Floridan Aquifer.

David Pendered, Saporta Report, January 3, 2022 5:13 pm, Okefenokee Swamp mining proposal could be affected by Supreme Court ruling,

The proposal to mine sand near the Okefenokee Swamp could be affected by a groundbreaking ruling on water rights issued by the U.S. Supreme Court.

[Figure 8. Drawdown 2930 days]
Figure 8. Drawdown 2930 days

For the first time, justices have determined the same laws that apply to water flowing above ground apply to water in multi-state underground aquifers.

“This court has never before held that an interstate aquifer is subject to equitable apportionment,” Chief Justice John Roberts wrote in a unanimous opinion issued Nov. 22, 2021. This doctrine “aims to produce a fair allocation of a shared water resource between two or more States,” according to the ruling.

The ruling sets a legal foundation to manage future disputes over the usage of interstate groundwater. This issue is expected to arise more frequently as drought and climate change poise to alter the United States’ traditional water supplies and challenge agreements among governments to share water.

This ruling could be brought into play at the proposed mine near the Okefenokee, in part because of the amount of water to be extracted for mining operations from the four-state Floridan Aquifer. For that to happen, a party that has standing to file a lawsuit would have to do so on behalf of one or more of the four states that are above the Floridan Aquifer — Florida, Alabama, Georgia and South Carolina. Two of these states have previously litigated Georgia’s use of water from the Chattahoochee and Flint rivers. The Supreme Court ruled against Florida’s claim in April.

Continue reading →

Appeal against pipeline eminent domain to U.S. Supreme Court 2019-03-13

Ain’t that the truth: “The upshot of this is that the pipeline companies get everything they want, and the property owners get nothing.”

[Transco]
Transco

A lasting solution would be to remove private eminent domain from the Natural Gas Act (NGA), as proposed by the Georgia House of Representatives in 2017. Meanwhile, this Writ attempts at least to limit the damage.

[Question]
Question

This Pennsylvania case is about Transcontinental Pipeline Company (Transco), which is also behind the Hillabee Expansion Project in Alabama, the source of Sabal Trail’s fracked methane in the Continue reading →

EPA considering abandoning Floridan Aquifer?

The new water rule EPA plans to propose may be much more about all our drinking water underground in Florida and south Georgia than about anybody’s private pond.

Stacey H. Mitchell, David H. Quigley and Bryan Williamson, Akin Gump Strauss Hauer & Feld LLP, 11 December 2018, United States: Dipping Its Toe In The Groundwater? Supreme Court Eyes Expedited Review For Clean Water Act Case,

Specifically, the Court aims to address a circuit split among the 4th, 5th and 9th Circuits in determining whether only direct discharges to “navigable waters” (rivers, lakes and other surface waters, for example) are covered or whether groundwater that is “hydrologically connected to surface water” is subject to Clean Water Act (CWA) pollution discharge requirements.2 Groundwater—that is, water held beneath the soil or in between rock structures—does not fall under CWA jurisdiction. Nevertheless, the U.S. Environmental Protection Agency (EPA), for many years, maintained that pollutants that flow with a direct and immediate hydrologic connection through groundwater into surface waters are properly regulated under the CWA.3 Environmentalists agree with EPA’s long-standing position, while many in industry say that the agency is reaching beyond its scope.

Surface water interchanges with groundwater all the time here in the southeast coastal plain, where we all drink with straws from the groundwater.


Figure from same USGS study as below.

This SCOTUS case appears to be related to the forthcoming EPA rule change proposal that has been all over the news lately. More from the same article: 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 Attorney
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 →

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.

Heading downstream
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 →

Pipeliners spooked by Sierra Club Major Landmark Victory; could shut down Sabal Trail –industry press

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

Update 2017-08-24: Third news roundup: This is wind in our sails and could be the end of Sabal Trail —Suwannee Riverkeeper in VDT 2017-08-24

OilPrice.com calls it “a critical decision yesterday, that could jeopardize the future for pipeline projects across the country”; pipeline companies could be “spooked” and “…the court ruling raises the unsettling possibility that the project may be forced to shut down — after billions were spent putting it in into service.” Other stories say this ‘huge’ win could also affect the Atlantic Sunrise, Penneast, Atlantic Coast, and Rover Pipelines, among others.

Children against Sabal Trail in Juno Beach, 2016-10-14
(L to R) Lea Fox, 4, Finn Ryder Purdy, 4, and Mason Dana, 7, of Lake Worth, sit with gas pipeline protesters outside of Florida Power and Light headquarters on Universe Boulevard in Juno Beach on October 14, 2016. The Sabal Trail Pipeline began supplying FPL’s plants in June. Groups opposed the pipeline that will start in Alabama and bring fracked gas through several counties in Florida’s springs and wetlands. (Richard Graulich / The Palm Beach Post)

Sad for FPL, Duke, Spectra, and all the other pipeline-building purveyors of fracked methane, maybe, but glad for all the landowners whose land was taken, local citizens who don’t want a 500+-mile IED next to their homes, schools, and waterways, and all people who want clean sun and wind energy, not more polluting fossil fuels.

It’s good the industry press agrees with what I told the VDT: “This is wind in our sails and could be the end of Sabal Trail.”

Here’s a news roundup, in addition to Continue reading →

EPA coal plant emission limits still in place during legal cost review

Justice Scalia never said the EPA emissions rule was struck down, rather the Supreme Court sent it back to a lower court to get a cost analysis from EPA. 300x305 Mercury, in Improving Air Quality in Georgia, by Georgia Power, 30 June 2015 Meanwhile, many of the emissions controls are already in place on coal plants (including Plant Scherer), other coal plants have closed or are closing, and investors are abandoning coal in droves. So what Scalia wants may or may not be impossible for EPA to deliver, but EPA actually already has helped sink dirty coal. Meanwhile, Georgia Power finally is helping the sun rise on Georgia. So the prognosis is good for less mercury in the Alapaha River.

Emily Atkin, ThinkProgress Climate, 29 June 2015, What Everyone Is Getting Wrong About The Supreme Court’s Mercury Pollution Ruling, Continue reading →

Supreme Court rules on cost against EPA coal plant emission limitations

The EPA should account for all costs before making a ruling on mercury or other coal plant emissions, according to a 5:4 majority of the Supreme Court. The dissenting minority points out not only are costs usually figured in during the follow-on process for specific limits, but that actual costs can’t even be computed without knowing those limits. So Coal Plant Scherer mercury in the Alapaha River can’t be limited without figuring all the costs first, says the SCOTUS majority, although EPA and the Court minority point to numerous well-known medical problems caused by mercury. Are profits for a few big utilities and coal companies more important than clean water and public health, especially now that there are cleaner, safer, faster-to-build, and less expensive renewable energy sources available in solar and wind power?

According to today’s SCOTUS ruling, Continue reading →

EPA Clean Water Rule finalized

I still see EPA’s new Clean Water Rule as a good thing, since it protects drinking water, paddling, and fishing, while opponents remain quite vague about what might be wrong with it.

After last year’s comment period, U.S. EPA has posted a prepublication version of its final Clean Water Rule.

Katie Shepherd, L.A. Times, 27 May 2015, Under new EPA rule, Clean Water Act protections will cover all active tributaries, Continue reading →