Summary of Accomplishments & Activities in 2006
1. Legal Actions & Tracking Enforcement of Environmental Regulations
Coastal Marshlands Protection Act Permit Appeal and Proposed Rules
In February we received a favorable finding on an appeal of a Marsh Act permit issued in 2005
for the now well-known Cumberland Harbour project, in which we are being represented by Southern
Environmental Law Center. An administrative law judge agreed with our assertion that the project
must be considered in its entirety when evaluating how any related activities affect the marsh -
a point we had also won in two previous cases. As a result, he recommended that the case be remanded
back to the permitting committee for further analysis and review.
Following this decision, the Georgia Department of Natural Resources, guided by the Attorney General,
chose to appeal the case by filing an action with Superior Court. After a failed attempt to get the case
heard in a district court here on the coast, DNR filed an action with the State Appeals Court in Atlanta.
In late September it was announced that the Appeals Court would hear the case. At the same time, DNR proceeded
in trying to get new rules adopted that would determine how the Coastal Marshlands Protection Act should be
interpreted. In September, prior to the Appeals Court announcing that it would hear the case, the DNR board
agreed to move forward by developing draft rules. The Center collaborated with organizations concerned about
any threats that would weaken protection of the marsh worked extensively to prepare comments on the issue and
present them to the DNR board. Despite these efforts, the DNR board voted to proceed with the development of
new rules, and proposed rules are now being released for public comment. We will continue to monitor these
rules, formally object to their development prior to the forthcoming decision by the Appeals Court, and make
an effort to ensure that the public has an accurate understanding of their implications. We may also be
involved in further legal action to challenge these rules if they appear to violate the Act's intent to
protect the marshes as a "vital area" of Georgia.
Nuclear Reactor Permit Intervention - Savannah River
In November, the Center's board agreed to join with four other groups in filing a petition with the Nuclear
Regulatory Commission related to a proposal by Southern Company to install two additional nuclear reactors at
Plant Vogtle along the Savannah River near Augusta. At stake is an "Early Site Permit"(ESP), which if issued
by NRC, would allow the site to be used for this purpose anytime within the next 20 years without additional
opportunity for the public to comment on the fundamental issues of public health, safety, and environmental
protection. In addition to the typical concerns about radioactive contamination and serious risks to public
health, we are concerned about how much water will be needed for cooling. It is estimated that about 60
million gallons a day will be converted to water vapor by cooling towers if the two reactors are approved,
while an additional 40 million gallons a day that is returned to the Savannah River will cause thermal pollution.
These burdens will impose still more environmental stress on an already overloaded river system having limited
resources that are the subject of ongoing disputes between Georgia and South Carolina. The lower Savannah River
is also burdened by a dangerously low level of dissolved oxygen, which imposes a significant risk to essential
fish habitat in adjoining estuaries. Finally, we believe that permitting these nuclear plants will pre-empt
timely conversion to safe, inexpensive, and renewable energy alternatives (especially wind power) that would
make Georgia's use of natural resources far more sustainable, if appropriate public policy would support it.
Development Permit Applications
The Center continues reviewing and commenting on significant aspects of projects that threaten marsh productivity,
wildlife habitat, and water quality. Because staff time limitations require that we be selective in determining the
projects on which to comment and how much effort to expend in doing so, we often collaborate with other groups in
reviewing permit applications. We have also continued commenting on the decision processes and the monitoring done
in administering coastal development.
The Center remains concerned that:
- Local governments lack both the political will and the technical expertise to properly enforce critical aspects
of local ordinances and certain provisions of state law;
- Lands that were once forested wetlands have been drained and now are routinely approved for development as if
these sites are uplands, under the permissive practices of the Corps of Engineers;
- State monitoring of waterways is not designed to determine the causes of water quality problems, so that
non-point source pollution cannot be properly evaluated and controlled; and
- Short-term economic benefits from coastal development dominate decisions about the use and protection of
resources, while cumulative, long-term consequences are discounted or ignored.
2. Education, Advocacy and Technical Assistance
Following are highlights of staff activities devoted to education about coastal environmental issues and related
technical assistance provided to decision-makers in the public sector.
Presentation at State Environmental Conference (Organized by the Georgia Chamber of Commerce)
Center staff was invited to participate in a panel session on Georgia water resources management issues. Our
staff made a 20-minute presentation summarizing the state's Coastal Plan for Permitting Water Withdrawal and
Wastewater Discharge in a 23-county area of the coastal plain. This plan was one outcome from a seven-year study
of the region's principal artesian aquifer, the Upper Floridan, which had become contaminated by saltwater intrusion
due to excessive and concentrated withdrawals for major industrial uses in the vicinities of Savannah and Brunswick.
The permitting plan sets forth aggressive policies for achieving greater water-using efficiencies and for recovering
and reusing treated wastewater. The coastal water plan is one of three special regional plans developed by the
Environmental Protection Division of Georgia's Department of Natural Resources to address specific water
management problems. Policy features of these regional plans are expected to be replicated in a complete
and comprehensive state water management plan, to be developed and adopted by 2008.
Presentation to the Desalination Study Committee of the Georgia General Assembly
Center staff was invited to make a presentation to a Joint (Senate - House) Study Committee of the Georgia General
Assembly on the feasibility of using desalination techniques to provide a new water supply source. Members of this
study committee serve on the respective House and Senate natural resources committees, so we viewed this as an
opportunity to influence the views of these decision-makers on issues beyond desalination alone. Our staff stated
concerns about the energy-intensive nature of desalination - meaning that this technology creates adverse
environmental impacts of its own related to power generation. More importantly, we asserted that if water
conservation and reuse practices are properly implemented, and if state energy strategy advances the use of
renewable sources for power production, there will be no water supply problems in Georgia that would justify
the use of desalination. In keeping with these observations, we also urged the legislators serving on the committee
to consider the systemic aspects of activities governed by existing and proposed state policies. We recommended
that diverse topics such as economic development, energy, land use, and water resources be thoroughly analyzed as
they affect one another when the legislature revises or adopts state policies.
Statement to the Energy Policy Council Regarding the State Energy Strategy
The Georgia Environmental Facilities Authority staff is assisting a governor-appointed Energy Policy Council in
preparing the first ever State Energy Strategy, now in its second draft. To solicit public comments about the draft
energy strategy, the Council hosted a series of meetings around the state. In September, Center staff reviewed
selected sections of the strategy and presented comments to the Council, emphasizing the critical relationships
between energy technology and other resources, including both air and water. Because the state is simultaneously
developing a water resources management plan that promotes water conservation, we stated our serious concern that
the energy strategy endorses continued use and expansion of conventional fuels and technologies that are extremely
water-intensive, pollute both air and water, and impose human health risks. To help the state move toward a
sustainable future, we asserted that energy policy must be devised through a reliable process that accounts for
conservation and protection of water and other natural resources.
Technical Assistance & Advocacy Provided Through Advisory Groups
Satilla-Saint Marys-Suwannee River Basin Advisory Committee
As part of the effort to develop a state water management plan, Georgia DNR has set up a group of river basin advisory
committees where representatives of various stakeholders can voice their opinions about water supply, water quality,
and how the state regulates water resources. The Center has been representing the public interest on an advisory
group covering the St. Marys, Satilla, and Suwannee rivers.
Coastal Advisory Council
The Center is also represented on an advisory council that advises the DNR staff about the Coastal Management Program.
In this capacity, during 2006 we commented on policies for protecting coastal resources, how program federal funds
should be used, and how appointments are made to the Coastal Marshlands Protection Committee, which reviews and
issues permits for marshfront projects. Through this work we hope to improve the implementation of Georgia's
Coastal Management Program to advance the stewardship and management of our natural resources. .
Savannah Harbor Deepening Stakeholder Evaluation Group
Because the proposed expansion of the Savannah channel and harbor present such major implications for the quality
and productivity of natural resources, we have continued serving on a group that advises the Georgia Ports Authority
and the Corps of Engineers who are responsible for evaluating the project. During the past year, we have made
comments about computer modeling of the river's hydrology and salinity characteristics, which will be crucial to
making accurate predictions about the proposed project's impacts. The Center also carefully reviewed professional
analysis of the geology and aquifer underlying the river corridor which was done to strengthen understanding about
the project's potential risks to critical water-supply resources. And we introduced discussion about a Government
Accountability Office (GAO) study of Corps decision-making processes that suggests major flaws in how civil works
projects are being evaluated and justified. All of this underlying analysis and commentary will be incorporated
in a report by the stakeholder group to be released at the end of project evaluation and prior to the completion
of the Environmental Impact Statement (EIS) by the Corps of Engineers. It therefore remains to be seen if the
results of the stakeholder group analysis will be sufficiently comprehensive and if it will be substantively
consistent with the final EIS. .
Georgia Water Coalition and the "Buy Dry" Campaign
For four years now, the Georgia Water Coalition has been working to integrate the interests of a wide array of
organizations who have an interest in the proper protection and management of the state's water resources. At
the date of this report (December 2006), there are about 120 organizations, agencies, and local governments that
are members of the coalition. The coastal non-profit organizations that are members of the coalition have been
meeting as a subgroup over the past year to devise a strategy for confronting threats to coastal waters. During
the second half of 2006 as a member of this coastal group of the coalition, the Center actively participated in
developing a public and consumer information campaign under the rubric, "Buy Dry." This campaign is an effort
to help make the public and property-buying consumers aware of the risks of flooding that are dangerously increased
by development that occurs in areas of poor drainage and low elevation relative to surrounding land. This concern
was derived from extensive observations and analysis of coastal development patterns over many years. In the
typical situation, lands that were formerly forested (freshwater) wetlands have been ditched during their use for
forestry, and then later sold for residential and commercial development. Because of the ditching, such lands are
less wet than they were, especially during periods of relatively little rainfall such as southeast Georgia has
experienced in recent years. Unwary buyers looking for homesites are not aware that these areas are prone to
flooding, and only learn they've made a bad choice by building in them after a substantial rainfall of several
inches within a 24-hour period. Such flooding not only puts people and their property in harm's way, but it adds
greatly to non-point source pollution, which is the single largest threat to Georgia's water quality. By educating
the public we hope to make prospective property-buyers savvier about such risks, which will discourage developers
from continuing the practice of building on unsuitable land - thereby substantially reducing non-point source
pollution.
Special Events
On November 18 the Center hosted our special annual membership event featuring a compelling presentation by Dr. Peter
Verity, a research scientist with the Skidaway Institute of Oceanography. The topic his presentation was "Human
Impacts on Water Quality, Food Webs, and Implications for the Future of Georgia Estuaries," and it was based on
careful analysis of coastal water quality monitoring over many years. Briefly, the highlights of his findings are
as follows:
- Water quality in Georgia's estuaries is declining, as evidenced by long-term rise in nitrogen and/or phosphorus
(nutrient) concentrations, combined with reduced levels of dissolved oxygen. Oxygen levels are critical to the health
and diversity of fish and shellfish, which are essential to our region's economy and quality of life.
- These trends are correlated with coastal development as well as inland activities in our watersheds. While the
relative importance of various nutrient sources to the oxygen reduction remains unquantified, it is inferred from
similar problems elsewhere on the U.S. east coast that non-point source pollution is the major threat - including
but not limited to stormwater runoff.
- If these adverse trends continue, it is likely that Georgia will eventually suffer a major loss of biological
diversity in our coastal waters, similar to the troubling fate of the Chesapeake Bay.
- This would be tragic for several reasons, including loss of property value and quality of life. Moreover, it
would be very expensive, complicated, and time-consuming to restore damaged aquatic/marine habitat. The longer we
delay in getting this problem under control, the more difficult and costly it will be to solve.
Publications - Newsletters and Commentary
Among the Center's most important means for reaching the public are our newsletters, commentary items published in
regional and statewide newspapers as "guest columns" and occasional articles about our role in key coastal issues
that are released by print and broadcast media. Highlights of these materials, by title, date, and source are listed
below.
- "Plant the seeds for viable coastal future" (Guest Column, The Atlanta Journal-Constitution, December 29, 2006)
- "Soil erosion a continuing threat to coastal waterways, fishing, and jobs" (Winter 2006 newsletter)
- "Cumberland Harbour Decision Boosts Protection of Georgia's Coast" (Spring 2006 newsletter)
- "A closer look at coastal Georgia's growth and Îghost markets'" (Atlantic CoastWatch, Sept - Oct 2006)
- "Defining and measuring sustainability in coastal Georgia: Where are we headed? (Spring 2006 newsletter)
- "Threats from a thousand cuts, with precious few band-aids" (Summer-Fall 2006 newsletter)
- "Climate Change & Coastal Georgia" (Summer-Fall 2006 newsletter)
- "Desalination needed only if valid state water policy is neglected" (Summer-Fall 2006 newsletter)
- "Real estate speculation hurts coast" (Guest Column, The Atlanta Journal-Constitution, July 20, 2006)
- "Clean water is essential to area's economy prosperity" (Editorial, The Savannah Morning News, July 19, 2006)
- "Greens: Groups have own styles to advance cause" (The Brunswick News, May 6, 2006)
- "Recolonizing the Coast" (Golden Isles Magazine, May/June 2006)
Workshops & Training
During the year, Center staff participated in two conferences directly related to key issues affecting the future of
coastal Georgia and its natural environment. Through these activities the Center was able to strengthen working
relationships with the staff of collaborating advocacy non-profit organizations while also greatly improving our
staff's understanding of the technical aspects of these vital issues. Having the benefit of this enhanced
understanding has been and will remain critical to our ability to educate the public about related issues and
to advocate needed policy changes in both Atlanta and Washington. Likewise, our collaborative capabilities
have been advanced, which will be essential to taking effective, coordinated action on an array of complex and
massive issues, including those covered in these special conferences.
Global Warming Conference
In May, our executive director participated in a conference on Global Warming and Its Impacts on Georgia, organized
by the Georgia Air Coalition and hosted by the Sapelo Foundation at Musgrove Plantation on Saint Simons Island.
This three-day event included an intensive combination of training, provided by a number of well-qualified
environmental professionals working on various aspects of the climate change issue, and a carefully facilitated
3-part strategy development process. Participants were provided a range of opportunities to interact in
formulating a strategy to resolve key problems through a number of policy proposals for reducing threats being
imposed by trends in global warming. As follow-up to that conference, the Center has promoted needed public policy
changes through legislative alerts in our newsletter, email network, and website - most notably the Clean Energy
Act, which establishes federal incentives and goals for reducing greenhouse gases. We have also been supporting
the conversion to fiber-based ethanol as an alternative fuel for transportation. The Center will be participating
in a multi-state coastal conference on climate change issues in March 2007, which is being organized by the
Southern Alliance for Clean Energy, one of the key participants at the Musgrove event.
Wind Energy Roundtable
Another promising alternative for reducing greenhouse gases and other pollutants adversely affecting coastal Georgia
is the application of wind energy. Thanks to the organizing work of the Southern Alliance for Clean Energy, the
Center was able to participate in a wind energy workshop that provided some very useful and important information
about this practical and safe energy source in Georgia. According to several staff members of the National
Renewable Energy Laboratory who spoke at the event, there is ample wind energy available offshore from Georgia's
coast to make it practical for implementing here. Although there are federal permitting obstacles that will cause
complications and delays in making wind energy operational offshore, we are convinced that this is a far more
responsible approach for meeting Georgia's future energy needs than expansion of existing sources derived from
fossil fuels and nuclear power. In commenting on draft Georgia's Energy Strategy this fall, the Center was
emphatic in urging the state to make a serious effort to redirect energy policy toward supporting alternative
energy sources by providing incentives for investment in offshore wind power and in fiber-based ethanol, and to
eliminate any subsidies or other policies that support continued expansion of conventional power-generating
facilities.
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