Category Archives: Law

This is why SPECTRA wants to keep their landowner list secret….Bronson Dr. opposes pipeline, feels he’s in the dark, can’t get answers, and there is nothing he can do….

Terry Witt wrote for Levy County Journal (undated), Bronson Area Property Owner Says Gas Pipeline Just an Atom Bomb (Bronson Word version),

“I feel very violated that they can put an atom bomb through my property,” Bryan said.

I have asked that the writer of this article please put me in touch with the doctor, and to give him my info and the web site info, spectrabusters.org.

Forcing dependence for information on the organization perpetrating this attack is unconscionable –Carol Singletary

FERC filing 20131230-4001 about a comment to FERC apparently at the Clyattville Sabal Trail Open House 16 December 2013. -jsq

Note to:FERC Docket No. PF14-1-000
Note from:John Peconom, Environmental Project Manager
Date:December 27, 2013
Subject:Comments of Mrs. Carol Singletary

The attached comment letter from Mrs. Carol Singletary was received by FERC staff at a Sabal Trail Open House.

December 5, 2013 Docket # PF14-1

Ms. Kimberly D. Bose, Secretary
Federal Energy Regulatory Commissions
888 First Street, NE
Washington, DC 20426

Dear Ms. Bose,

I am requesting an opportunity to challenge with your organization claims made on the December 4″ letter submitted by Sabal Trail Transmission. If their ability to continue forward is based on these claims submitted in this document, I am requesting a moratorium on STT ability to continue to conduct business in pursuit of this objective. We the impact property owners are requesting a meeting as soon as possible to present our concerns to FERC to review what recourse is available to address these concerns.

In the Bi—WeekIy Teleconference notes from December 2nd, it was stated that STT is beginning to exercise statutory rights in all three states where access has not yet been granted. Please provide exactly what are STT statutory rights specifically. How those rights will be enforced and implemented. I am also requesting what rights the property owners have and a detailed description of what and how they can be exercised.

I am requesting that Continue reading Forcing dependence for information on the organization perpetrating this attack is unconscionable –Carol Singletary

Appeal to redacted FOIA –Beth Gordon

“If Sabal Trail and Spectra energy are not guilty of invasion of privacy, why isn’t the public need to know and educate equally if not more important?”

That’s the gist of Beth Gordon’s appeal of 12 January 2014 to FERC’s redacted landowner list in response to her FOIA request. Here’s more:

It is my opinion that there is no privacy interest in the mere name and mailing address of an individual, particularly where, as here, Sabal Trail and Spectra energy has already used them numerous times to send unsolicited letters, invitations, and demands to survey. If Sabal Trail and Spectra energy are not guilty of invasion of privacy, why isn’t the public need to know and educate equally if not more important? The public right to know who is affected, to become educated, and to understand what is at stake ought not to be left to a private energy corporation that stands to make millions of dollars by getting this project approved with the least amount of resistance from landowners. FERC’S refusal to release these names and mailing addresses ensures that Sabal Trail and Spectra Energy are the only ones with the ability to contact these individuals (which they have done numerous times) and “educate them” as to this particular pipeline project.

In the Act generally, and particularly under Exemption (6), there is a strong presumption in favor of disclosure.” Continue reading Appeal to redacted FOIA –Beth Gordon

Sloppy FOIA redaction from FERC for Sabal Trail pipeline landowners

FERC took a week to not supply what was requested in Beth Gordon’s FOIA, and apparently if you’ve organized your property under an LLC, your LLC name is visible on the redacted list, even if that name includes your personal name. Whose privacy is FERC protecting, anyway, now that all landowners along the proposed pipline path have had their privacy invaded by the pipeline company?

Here’s what Beth Gordon asked for 2 January 2014:

A list of each and every landowner in Florida contacted by Sabal Trail LLC by mail to inform them that they are on, or may be on, the proposed pipeline and/or proposed survey map for this project.

Here’s what FERC sent back 10 January 2014:

A redacted version of the Sabal Trails landowner list that was submitted to FERC of October 4, 2013 in docket number PF-14-1 has been previously released under the Freedom of Information Act (FOIA). This document is identified in the FERC e-library as accession number 20131004-5123 (Appendix B). Please find attached part 1 and part 2 of this redacted list. Additional emails will be provided with the remainder of this material. We will also provide a courtesy copy of the public cover letter for this submittal.

Appendix B of 20131004-5123 is marked on FERC’s website as:

You don’t have permission to access this document.
This document (eLibrary accession no. 20131004-5123) is Privileged.
The public may file a FOIA request under 18 C.F.R. 388.108.

Here are the four parts Continue reading Sloppy FOIA redaction from FERC for Sabal Trail pipeline landowners

Got these “responses” to my FOIA request for landowner lists from FERC- BLANK sheets of paper! Thanks FERC! Our tax dollars at work. They based their blank response on “exemption 6” of FOIA…

appeal foiaList 1 List 2 List 3 List 4 email from FERC with FOIA response FOIA request from ferc Cover_Letter_-from Sabal trail to FERC _PF14-1_-_20131004-5122_(1)

Landowner gains review against pipeline in Texas Supreme Court

A huge transnational company has to justify its attempted use of eminent domain to a small farmer in Texas, so says the Texas Supreme Court. Somebody should make Sabal Trail and Spectra Energy try to justify their attempted use of eminent domain in Alabama, Georgia, and Florida.

Julia Trigg Crawford wrote 8 January 2014 for Tar Sands Blockade, Texas Supreme Court Favors Landowner Over TransCanada in Eminent Domain Case,

The Texas Supreme Court ruled in favor of landowner Julia Trigg Crawford, ordering TransCanada to submit information by Feb. 6 as the justices weigh arguments to hear the case regarding eminent domain abuse.

Texas’s highest court delivered a clear victory for pipeline opponents and landowners fighting TransCanada’s overreach on property rights. At the heart of Crawford’s case is the ability of TransCanada, a foreign corporation, to use eminent domain under the state’s “common carrier” clause since their pipeline transports 90% Canadian tar sands and 10% North Dakota oil. There is no on ramp for Texas oil therefore violating the definition of a common carrier under Texas law.

Crawford said she looks forward to her family’s day in court, “As a landowner, property rights are key to my livelihood and family legacy. A foreign corporation pumping foreign oil simply does not qualify as a common carrier under Texas law. TransCanada does not get to write their own rules. I look forward to the Supreme Court hearing our case and our plea to protect the fundamental rights of property owners.”

Here’s the Court’s letter in PDF on the Court’s website. It’s Case Number 13-0886, THE CRAWFORD FAMILY FARM PARTNERSHIP v. TRANSCANADA KEYSTONE PIPELINE, L.P.

That’s an oil pipeline, but the issues are the same Continue reading Landowner gains review against pipeline in Texas Supreme Court

Methane pipeline rejected in New Jersey

In the same coastal plain that contains the Floridan Aquifer with our drinking water, a commission just rejected a natural gas pipeline that would have gone through a pine fire forest with blueberries and bobcats much like ours. FERC should reject the Sabal Trail pipeline.

Wayne Parry wrote for AP 10 January 2014, Natural gas pipeline for N.J. Pinelands rejected,

Pemberton Township, N.J. — A New Jersey agency tasked with protecting the ecologically fragile Pinelands region narrowly defeated a proposal Friday to run a 22-mile natural gas pipeline through it….

“This is a great victory for the Pinelands and the environment of the region,” said Jeff Tittel, director of the New Jersey Sierra Club. “Today the commissioners said the Pinelands are not for sale.”

“The Pinelands is host Continue reading Methane pipeline rejected in New Jersey

Government has to pay eminent domain attorney costs –Brent Simon Law Group

Interesting tidbit on the website for Brent Simon Law Group, The Eminent Domain Process, COMMON QUESTIONS ABOUT THE PROCESS:

WILL I BE REQUIRED TO PAY ANY ATTORNEYS FEES OR COSTS?

Florida Statutes require the government pay reasonable attorney fees and expert costs. Although some attorneys may seek a portion of the money paid for your land or business, BRENT SIMON LAW GROUP is satisfied with the attorneys fee and costs which the Florida Statues require the government to pay based on benefit the firm obtains for the client. The owner pays no attorneys fee nor cost!

Given that landowners say Sabal Trail Transmission is sending eminent domain letters in Florida citing Florida law, with law firms like that there’s no obvious reason for any landowner not to retain an attorney to fight the pipeline.

This is one in a series Continue reading Government has to pay eminent domain attorney costs –Brent Simon Law Group

Local governments can restrict pipelines –Penn. Supreme Court

Alabama, Georgia, and Florida probably don’t even have a restrictive law like the Pennsylvania Supreme Court just struck down, so local governments in the states along the proposed Sabal Trail, Florida Southeast Connection, and Transco Hillabee Expansion Project pipelines apparently can pass restrictions on pipelines. As can state legislatures.

Mark Scolforo and Marc Levy wrote for Associated Press 20 December 2013, Pa. Gas Drilling Decision Leaves Future Uncertain,

The energy industry and policy makers in Pennsylvania, the heart of the nation’s gas drilling boom, are thinking about their next moves after the state’s highest court threw out significant portions of a law that limited the power of cities and counties to regulate the industry.

The state Supreme Court voted 4-2 on Thursday to strike down portions of a 2012 law that had been crafted by Gov. Tom Corbett and his industry-friendly allies in the Legislature.

The article talks about corporate “need”: Continue reading Local governments can restrict pipelines –Penn. Supreme Court

Any unauthorized entry by Sabal Trail will be treated as trespass by our client –Bill Langdale

This is the response from Larry Rodgers’ attorney, Bill Langdale, to the eminent domain letter from Sabal Trail’s attorney. Larry referred to both of these letters on the Chris Beckham radio show this morning. -jsq

LANGDALE VALLOTTON, LLP
ATTORNEYS AT LAW
A LIMITED LIABILITY PARTNERSHIP
1007 NORTH PATTERSON STREET
P. 0. BOX 1547
VALDOSTA, GEORGIA 31603
TELEPHONE (229) 244~54OO
FACSIMILE (229) 244-0453

December 4, 2013

Via Overnight Delivery and US. First Class Mail

Matthew J. Calvert, Esq.
Hunton & Williams, LLP
Suite 4100
600 Peachtree Street, NE
Atlanta, Georgia 30308-2216

RE:Larry Rodgers Investments, LLC’s Response to Sabal Trail Transmission, LLC’s (“Sabal Trail”) November 26, 2013 Survey Permission Request for Natural Gas Pipeline (the “Pipeline“), FERC Docket No. PF14-1-000, located on Tract No. 3219.000, Parcel Id. No. 0099 024 in Lowndes County, Georgia (the “Property”)

Dear Mr. Calvert,

PDF of page 1

The undersigned and this law firm represent Larry Rodgers Investments, LLC (“Rodgers Investments”). We are in receipt of Sabal Trail’s November 26, 2013 letter referenced above (the “Request”) requesting to perform certain civil, environmental and cultural resource surveys on the Property. Rodgers Investments respectfully denies Sabal Trail’s request to enter the Property for the reasons set forth below.

Thank you for pointing us to O.C.G.A. § 22-3-88 which addresses the eminent domain rights of pipeline companies. We agree that the cases you cite in your letter provide the general rule of law with respect to survey rights of an entity vested with eminent domain authority. However, we disagree that Continue reading Any unauthorized entry by Sabal Trail will be treated as trespass by our client –Bill Langdale