Tag Archives: eminent domain

See the FERC rubberstamp machine in action

Agriculture, Colquitt County, FERC, Florida, Georgia, Gilchrist County, Hazards, Law, LNG, Lowndes County, Trees, , , , , , , , , , , , , , , , , , , ,

You’ve heard the song, now see the FERC rubberstamp machine in action in videos of Sabal Trail interrogated in Gilchrist County, Florida @ GCC 2014-02-20, of the Valdosta FERC Scoping Meeting @ FERC 2014-03-04, and of the Moultrie FERC Scoping Meeting @ FERC 2014-03-05. See FERC refuse to release a tax-paid RFP and tax-paid-staff-reviewed proposals for an environmental contractor, and then see that very same contractor admit that the Sabal Trail pipeline would take twice the acreage to produce as much power as solar PV, while FERC refuses to consider that the pipeline would be far more environmentally damaging, more expensive, and would take much longer.

Nevermind landowners get only a one-time payment from the pipeline company, not rent and FERC has no Continue reading See the FERC rubberstamp machine in action →

What is FERC required to do?

Economy, Environment, EPA, FERC, Law, LNG, LNG, , , , , , , , , , , ,

What is FERC required to do to justifiy a pipeline certificate and eminent domain? John Peconom of FERC told me that federal eminent domain was justified by Florida needing the gas, therefore it was for the good of the United States. Peconom didn’t provide a reference, but FERC’s own documents say FERC is supposed to balance public benefits, which means somebody has to demonstrate those public benefits. Also, one-time payments to landowners may not be enough.

In FERC’s own Natural Gas Environmental Guidelines, GUIDANCE MANUAL FOR ENVIRONMENTAL REPORT PREPARATION, Continue reading What is FERC required to do? →

The EPA’s questions must be given serious thought by FERC –Beth Gordon

Economy, Environment, FERC, Law, LNG, , , , , , , , , , , ,

Published with permission of the author, who stressed she sent this email “Not as a member of Spectrabusters. Just me.” I added a few links. -jsq

From: Beth Gordon
Date: April 24, 2014, 8:15:30 AM EDT
To: John Peconom of FERC
Subject: EPA comments

Dear Mr. Peconum,

Does FERC, or Spectra, intend answer the questions posed by the EPA? I read their posted comments yesterday. They obviously share many people’s feeling that Sabal Trail’s claims don’t add up. Florida doesn’t need this gas. In fact right now, Florida has so much that we store it. Spectra and FPL need this amount of gas for LNG plants for export, obviously. And for the Riviera beach connection to a 46 inch pipeline to run to the Bahamas undersea. Switching over one coal plant doesn’t justify a 3 billion dollar pipeline. Especially where FPL has raised, rather than lowered, electric bills on account of this endeavor.

The EPA’s questions must be given serious thought by FERC before it awards this project, and the eminent domain rights attendant to it. Floridians will see no Continue reading The EPA’s questions must be given serious thought by FERC –Beth Gordon →

Pipelines, property values, and insurance

Economy, Environment, Law, , , , , , , , ,

What happens to your property values or homeowners insurance a pipeline company takes your land to gouge a path for its fracked methane or oil? It affects the property values not just of your land, but of your neighbors’, and yours and their property insurance. It also opens the pipeline company and associated businesses to civil lawsuits. And FERC’s assertion that federal law supersedes state and local laws for eminent domain does nothing to stop such lawsuits; many such lawsuits are winning lately. Not even the federal government is immune from pipeline lawsuits.

Stop the Pipeline has a good article, mostly about land near fracking wells: LOSS OF PROPERTY VALUES, DIFFICULTY GETTING MORTGAGES AND HOME INSURANCE,

“Another illustration is the gentleman who has had 63 acres for sale now for several years. He purchased the property as an investment, and now has three pipelines and an above ground valve. He can not give this property away. As he reaches retirement age his retirement has been stolen from him. This is no different than Enron or any other scandal, only it has been made legal thievery. There are two other pieces of property that have been for sale for several years, one of which is a large parcel of about 70 acres and the other is about 10 acres.”

The insurance industry has been studying this issue for years, and wants to steer clear of it. Continue reading Pipelines, property values, and insurance →

Spectra stands down on drilling core samples at the Santa Fe River, Florida

FERC, Florida, Gilchrist County, Law, Suwannee County, Water, , , , , , , , , , , ,

Mighty Spectra stopped from drilling for now by local opposition in Suwannee and Gilchrist Counties, Florida! Why were they preparing to drill anyway, when they don’t have a permit, and haven’t even started the formal permitting process with FERC to get it? Why have they also been reported going on property without permission this week in Georgia?

Merrillee Malwitz-Jipson, president of Our Santa Fe River (OSFR), reports:

Sabal has started to stake the ground as to where to put what is called a drilling station. There are plans to put one station in Gilchrist and one in Suwannee. They intend to dig a tunnel under the river bed by directional bore drilling to connect the 2 sites. There have been NO permits issued for any of this; experts have not had time to review all the pertinent information on historical resources, biology, geology, etc… Residents in Gilchrist have not even signed papers allowing them access to their land for surveying purposes and now they are staking for core drilling samples!

Sabal is presently staking Gilchrist Cypress Shores property and plans to drill for core material so that they understand what is under the ground when they plan to bring in the heavy drilling equipment (years from now). Cart before the horse. The FERC has not even decided this is the route. We have important information that shows this is a Springs system and should not be put here and will present at scoping meetings.

Deborah Hogan called me last night to tell me Sabal will “stand down” till they have more information in the Suwannee County side. Sabal believes they are in the clear to do bore hole samples for directional drilling to put a drilling platform that will go under the River and connect to other side.

Sabal has no need to do these core samples now. to find their site location. There has been no approval of this route. The Environmental Impact Study EIS, has not been completed. The scoping meetings have not been done.

OSFR has also contacted Suwannee River Water Management District and Gilchrist County Administrator, Bobby Crosby, to stop the Gilchrist core sampling.

OSFR has called the following people for more info and to get them to stop.

Deborah Hogan, Sabal survey representative, 1-305-433-1700

and

John Peconom, FERC, 1-202-502-6352

Merrillee adds:

Environmental lawyer that represents IREPA, Christopher Byrd, also takes credit for stopping Sabal for the moment.

Maybe people would like to mention this at the Suwannee County Commission meeting 6PM Tuesday 18 March 2014. The FERC Scoping Meetings go to Florida that same day, starting in Lake Wales and heading up to north Florida the following week. And you can file ecomments with FERC at any time.

-jsq

Reports of Sabal Trail going on property without permission

FERC, Georgia, , , , , , , ,

According to reliable sources, Sabal Trail is going on people’s property without permission, repeatedly, today. This is in Georgia.

Everyone please be on the lookout.

Anyone willing to take pictures and send them, we can post them anonymously.

If anyone is willing to go on the record, that’s even better.

Pipeline companies should be aware that people take trespassing seriously.

-jsq

Property rights and water: please deny the Sabal Trail methane pipeline –Tim Carroll, Valdosta City Council, 5th District

Corrosion, Environment, Explosion, FERC, Georgia, Hazards, Health, Law, Leak, Safety, Water, , , , , , , , , , , , , , , , , , ,

Filed with FERC 3 March 2014; PDF -jsq

Tim Carroll, Valdosta, GA.

To: Federal Energy Regulatory Commission

I am writing to you on behalf of citizens that live in my city council district. Specifically those that will be negatively impacted by the Sabal Trail methane gas pipeline. Please accept the following reasons why I oppose this project coming through our community.

  1. Eminent Domain laws refer to the greater good of the citizens of the community and/or state where this law is being used. Continue reading Property rights and water: please deny the Sabal Trail methane pipeline –Tim Carroll, Valdosta City Council, 5th District →

Sabal Trail solar and wind misinformation

Alabama, Economy, Environment, FERC, Florida, Georgia, Solar, Trees, , , , , , , , , , , , ,

A few weeks ago John Peconom of FERC referred me to Sabal Trail’s comments on solar power; something about all the area you’d have to clear to provide as much energy as that 36-inch pipeline. OK, I’ve looked, and it’s the same kind of disinformation Georgia Power used to spout about you’d need to clear an area the size of Atlanta to power Atlanta with solar power. Nevermind you already have an area that size: it’s called Atlanta! Rooftops, parking lots, streets, etc.: plenty of room. And Sabal Trail’s disinformation completely ignores that solar power (and wind) are growing far faster than methane energy production. If this is FERC’s justification for eminent domain to get fracked gas to Florida, it’s a very flimsy justification indeed. We shouldn’t expect anything more from a company that would profit by that eminent domain. But we should expect more from a tax-funded federal agency that is supposed to represent we the people.

Bear in mind that all new U.S. electric generation in September 2012 came from wind and solar. In October 2013 72.1% of all new U.S. capacity came from solar, according to the Solar Energy Industries Association (SEIA), using data from FERC itself. And FERC doesn’t even count the million solar rooftops that are going in.

In 10.3.3 Non-Gas Energy Alternatives in its Draft Resource Report 10: Alternatives (RR10), Sabal Trail correctly dismisses dirty and expensive coal, oil, and nuclear, and even hydro as major energy sources for flat Florida. However, what’s in there about wind and solar is just plain bogus. Continue reading Sabal Trail solar and wind misinformation →

How does this pipeline benefit the public by taking land from the public?

Economy, FERC, Hazards, Law, Safety, , , , , , , , , , , , , ,

Received Sunday on Stranded fossil fuel assets. -jsq

Governmental eminent domain powers have been growing for more than 115 years, to the point where courts have upheld the taking of property from one private owner for the purpose of transferring it to another, as long as it benefits the public. The Natural Gas Act delegates eminent domain powers to the pipeline companies, subject to court approval. However there’s no mechanism in place to dispute the taking. Things to consider:

  • How does this benefit the public by taking land from the public?
  • Is there an irrefutable study that shows this act of taking of private land is justifiable by needs other than capitalistic greed?
  • Also, what about the mineral rights of the property?
  • How many “pipes” or infrastructures can the Pipeline Company sell or lease access to other entities without any future benefits paid to the original land owners?
  • Are all Continue reading How does this pipeline benefit the public by taking land from the public? →

Central Florida property owner pipeline concerns –GTN

Economy, Florida, Gilchrist County, Hazards, Law, , , , , , , , , , , , , , , ,

Injury to workers or local people, limited local resources, property rights, and more concerns all bubbling to the top in central Florida like methane from a deep well.

Briana Harper reported for GTN 29 January 2014, Natural Gas Pipeline Cause Concern for Property Owners,

The Sabal Trail Gas Pipeline is a project more than 400 miles long spanning across three different states. The purpose is to provide domestically-produced natural gas for the southeast region. But this pipeline comes at a cost to property owners. Eminent Domain Attorney Brian Bolves says, “It’s a big scale project that’s coming through the community. It will change the character of a lot of people’s property,there have been a lot of surveyors assessing people’s property and so people have a lot of concerns about the nature of this facility.”

The project will affect Continue reading Central Florida property owner pipeline concerns –GTN →