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. Thanks to prolonged supremacy of the greed ethic over the past four decades, stockholder affluence has soared while the U.S. minimum wage, inflation adjusted, is less than a third of what it was in the 1970s. Concurrently, along with such financial injustices that eroded the working wage and depleted the middle class, environmental negligence has escalated, with severe consequences.

An honest reckoning is long overdue.

By DAVID KYLER, Center for a Sustainable Coast

 “The point is, ladies and gentlemen, that greed, for lack of a better word, is good. Greed is right, greed works. Greed clarifies, cuts through, and captures the essence of the evolutionary spirit. Greed, in all of its forms — greed for life, for money, for love, knowledge — has marked the upward surge of mankind.”  From the 1987 film, Wall Street.

In the 35 years since the fictional character Gordon Gekko proclaimed that greed is good in the movie “Wall Street,” the tycoon’s assertion, further empowered by the 2010 Supreme Court Citizens United decision, has taken a treacherous toll on America and, in various ways, the world beyond. Thanks to prolonged supremacy of the greed ethic over the past four decades, stockholder affluence has soared while the U.S. minimum wage, inflation adjusted, is less than a third of what it was in the 1970s. Concurrently, along with such financial injustices that eroded the working wage and depleted the middle class, environmental negligence has escalated, with severe consequences.

A recent, controversial example is the preventable railroad accident in eastern Ohio, spilling hazardous materials that killed wildlife and will likely cause diverse public health risks for years to come.

According to news coverage, the cost of installing braking devices – that could have stopped hundreds of thousands of gallons of toxic chemicals from contaminating the city of East Palestine and its inhabitants – was deemed unjustified by Norfolk Southern Railway executives. Equally troubling, the railway industry used its political clout to get the federal government to weaken rules so that trains with fewer than 70 cars carrying hazardous material are not required to have electronically controlled pneumatic brakes. Furthermore, they reduced crew size and inspection standards that boosted rail industry profits by taking risky shortcuts.

The biased calculations used in these selfish trade-offs, made to exclusively serve narrow corporate goals, are ubiquitous and increasingly driven by the outsized influence of well-paid professional lobbyists, who too often produce grossly unethical hidden consequences. Corporate profits are boosted by a combination of degraded safety precautions and inadequate accountability when the public, and/or workers, are injured – unfairly shifting private costs and suffering onto unwary third parties.

Similar regressive outcomes have occurred through relaxed environmental enforcement. In June 2022, the US Supreme Court ruled that EPA cannot limit state-level carbon emissions under the 1970 Clean Air Act. This constraining rollback, serving short-term motives of the power industry at the public’s expense, is brazen circumvention of urgently needed policy goals adopted by Congress. Moreover, the ruling defied well-established scientific findings that such emissions are the main cause of climate change, an unparalleled threat to human health and vital life-support systems.  In recent decades other threats to the public accumulated in an array of lower-court decisions failing to penalize violations of state and federal regulations, weakening natural-resource safeguards and environmental justice. And in May 2023 the Supreme Court delivered a decision degrading federal Clean Water Act protections over millions of acres of wetlands that are essential to water quality, wildlife habitat, flood prevention, and human health.

By prioritizing short-term property income and investment interests over the common good, bolstered by government funding favoring intertwined fossil-fuel and financial institutions, the injustices of U.S. policies are only outdone by certain states, including Georgia, that reward industry investors at the citizens’ expense, even for mismanaged projects.

As the earth hurdles toward ever-worsening climate hazards and economic injustice, we can no longer tolerate the indiscriminate promotion of all development under “greed-is-good” policy, as if it inherently benefits society. Until more objective and holistic assessment standards are applied in using public resources and regulatory authority to guide business activities, government programs will continue generating inequitable and environmentally harmful outcomes.

For example, while Georgia wins unbridled praise for securing major investments in the manufacture of batteries, solar panels, and electric vehicles, officials remain stubbornly regressive in the state’s energy policy by severely restraining the implementation of rooftop solar infrastructure. Energy experts advise that the widespread use of rooftop solar and on-site battery storage will not only reduce consumer energy costs, but it will help ensure a more stable and resilient power grid as demand grows and extreme weather threats worsen.

Concurrently, Georgia’s energy policymakers have expanded the use of natural gas, a fossil fuel that emits heat-trapping gases when burned and is linked to an array of methane leaks that dangerously compound global overheating. Furthermore, unlike most states, Georgia has failed to adopt a clean-energy transition plan or scheduled targets for reducing carbon emissions.

Likewise, Georgia officials have imposed grossly excessive cost overruns, incurred in Georgia Power’s Vogtle nuclear plant expansion, on residential customers, who have suffered a rate increase near 30 percent since 2010, while industrial rates grew by only 0.3 percent. These Vogtle costs are some $20 billion over budget, and still increasing by millions weekly. In effect, residential energy customers are subsidizing Georgia’s industrial development – and Georgia Power’s profit margin – without public approval, and probably without the understanding of those who are most financially abused because of it.

Meanwhile, economic development proponents have received unqualified support for producing clean-energy equipment, while Georgia markets for it are either stymied by state policies (solar panels) or encumbered by products (electric vehicles) that will be recharged primarily with power produced by burning fossil fuels.

To initiate remedies for these blatant contradictions and inequities, rigorous standards must be adopted and consistently applied, including the following recommended criteria:

  • Public costs for subsidizing economic development projects, including tax exemptions, low-cost leases, and below-market land/energy, must not be imposed on taxpayers and energy customers without their formal agreement through detailed, specific voter referendums.
  • Government support for ‘job creation’ in the clean-energy sector must require both enhanced working conditions and employee benefits as well as energy policies that are consistent with the goal of reducing heat-trapping gases that cause disruptive climate damages. States like Georgia, without such policies, should not be eligible for federal support, including grants and/or tax credits provided through the Infrastructure Act and the Inflation Reduction Act.
  • Any state receiving clean-energy development incentives must be required to adopt a transition plan and routinely report corresponding implementation efforts. States without such plans or sufficient progress in implementing them, must not be eligible for receiving federal support.
  • The environmental impacts of clean-energy projects must be thoroughly analyzed, publicly reviewed, and reliably evaluated, consistent with applicable state and federal laws. The potential benefits of clean-energy projects do not justify regulatory exemptions or lax enforcement. Impacts of these projects on water, air quality, surrounding land uses, and other factors must be responsibly assessed and all reasonable alternatives must be rigorously but expediently evaluated.

Unless we can rapidly surmount powerful political interests fixated on short-term profitmaking, humanity's prospects will grow increasingly dire as our life-support systems further degenerate. The common good, essential to our future, can only be realized by responsibly controlling greed.

It would be a grave error to set or support a precedent of permitting surface mining at such a uniquely complex, vulnerable, and valuable location. To protect the ONWR and honor the public interest that EPD is legally obligated to uphold, this proposed mining activity should be denied.

Statement filed with Georgia Department of Natural Resources by Center for a Sustainable Coast, March 20, 2023

The Proposed Activity

In March 2020, Twin Pines, LLC, an Alabama-based mining company, submitted a revised application to the U.S. Army Corps of Engineers (USACE) seeking issuance of a permit to “construct a demonstration mining project on 1,042 acres that will mine heavy mineral sands on 898 acres over 6 years” from Trail Ridge near the southeastern edge of the Okefenokee Swamp. The application was later reduced to 556 acres for a ‘Phase 1’ mining project.

From the U.S. Fish & Wildlife Service: “Trail Ridge forms a rim or geomorphological “dam” on the east side of the swamp maintaining the hydrology of the swamp. The soil of Trail Ridge has a profile of distinct layers. This gives it water holding and water movement characteristics.”

Mining project proponents seek to strip-mine heavy minerals (titanium and zirconium) to a depth of 50 feet below the ground surface, which is below the level of the Okefenokee Swamp depression and essential to maintaining surface water and groundwater hydrology in this region of southeast Georgia.

Unprecedented & Tenuous Permitting Procedures

Since the adoption of federal environmental laws in the early 1970, no project of this magnitude and significance has failed to require an individual federal permitting review process. Due to the unique timing and circumstances of this ill-advised mining proposal, the State of Georgia is now exclusively authorized to administer the permitting process, and Georgia EPD is in the highly controversial, politically vulnerable position of evaluating anticipated impacts that the project will impose on the Okefenokee National Wildlife Refuge [ONWR].

Resources at Risk & Reasons for Opposing the Project Permit

The Okefenokee Swamp is listed as one of the Seven Natural Wonders of Georgia and is the largest blackwater swamp in North America. Most of it is under federal protection within the boundaries of the Okefenokee Wildlife Refuge and the Okefenokee Wilderness. It is the largest National Wildlife Refuge east of the Mississippi River and was designated a Wetland of International Importance by the Wetlands Convention in 1986.

- The Okefenokee Swamp is also the headwaters of the St. Mary’s River and the Suwanee River. Given the unique value and vulnerabilities of the Refuge’s complex ecosystem and living resources, any potentially damaging activities in the vicinity are of dubious justification, and the standards required for properly evaluating and enforcing precautionary protection measures would be so rigorous under these circumstances that the costs would far exceed any benefit of the project.

- The hydrology at the proposed project site is complex and sensitive to alterations that may disrupt and/or degrade the Okefenokee National Wildlife Refuge (ONWR). Although the applicant has alleged a mining methodology that restores the soil substrate, the proposed technique is unproven. Given the importance of protecting the unique conservation and recreational benefits of the ONWR, we believe it is extremely important to thoroughly evaluate the proposal, which is not being required.

- The escalating disruptive effects of climate change in the area could produce extreme drought, extreme precipitation, or both, which further complicate the ability to confidently predict and assess the hydrological risks of mining at the site and how to control them. Thus, risks of unacceptably adverse outcomes are not only great, they are worsening.

- Subsurface conditions altered by the proposed mining operations could significantly alter water flow and water quality entering the ONWR. Even subtle modifications that appear to be marginal could produce significant and unacceptable cumulative, long-term environmental consequences. It is possible that such impacts would not be perceived or measurable until after significant damage becomes irreversible.

- According to the U.S. Fish and Wildlife Service, Trail Ridge is part of a recovery unit for the federally threatened eastern indigo snake (Drymarchon couperi) and “[e]liminating a significant area of habitat from a recovery unit may eliminate the value of the entire unit, and delay species recovery.” A thorough survey of the presence of this species as well as the gopher tortoise (Gopherus polyphemus) - classified as threatened by both Georgia and the US Fish & Wildlife Service as well as being considered a keystone species - is warranted since it is likely that their habitat will be permanently degraded by surface mining disruptions.

Former Secretary of the Interior, Bruce Babbit, who opposed an earlier proposal to strip mine on another Trail Ridge tract abutting the ONWR, summed up our position aptly when he said, "Titanium is a common mineral, while the Okefenokee is a very uncommon swamp." This project has a large footprint which could be multiplied many times by subsequent projects along the Trail Ridge formation.

Additional authoritative objections to the project include:

• U.S. Interior Secretary Deb Haaland urged the state not to approve the mine last year after visiting it with Senator Ossoff.
• The U.S. Fish and Wildlife Service [USFWS] — which protects and manages the swamp — has said the proposal would have "major negative impacts" to the Okefenokee.
• In his comments, Senator Ossoff cited USFWS and a report by University of Georgia hydrologist, Rhett Jackson, who said the mining plan "fails to address key environmental issues."
• Our own board member, Dr. Jim Reichard, a respected veteran Geo-Hydrologist on the faculty of Georgia Southern University, advises us that, “Replacing this complex layered deposit [at Trail Ridge] with homogenized waste material from the mining operation is expected to cause an increase in permeability across Trail Ridge, permanently lowering the water table in the Okefenokee. This will drastically alter the swamp’s delicate ecosystem and also make it more prone to drought and wildfires. Risking such a national treasure for a small, short-term economic gain hardly seems like a wise choice.”

Although engineering solutions to these hazards are claimed, such methods remain unproven and are prone to unanticipated flaws. Considering the disastrous downside consequences, the Trail Ridge site is an unacceptably irresponsible place to experiment with engineering techniques.

It would be a grave error to set or support a precedent of permitting surface mining at such a uniquely complex, vulnerable, and valuable location. To protect the ONWR and honor the public interest that EPD is legally obligated to uphold, this proposed mining activity should be denied.

Respectfully,

David C. Kyler, Co-Founder & Director
Center for a Sustainable Coast

Photo by Jacob Mathers on Unsplash.

Representative Jesse Petrea has introduced state legislation (HB 748) that will shift the burden of proof to the State when landowners wish to assert ownership rights to coastal marshlands.

Common law public trust doctrine holds that the lands regularly submerged by the ebb and flow of the tide are owned by the State and held in trust for the benefit of the people. In 1981, the Georgia legislature codified this principle in the Protection of Tidewaters Act which establishes the State of Georgia as the owner of the beds of all tidewaters within the State, except where private title can be traced to a valid British Crown or State land grant.

It is appropriately difficult for property owners to successfully produce the documentation needed to trace an unbroken chain of title to a Crown or State grant.  Most of these grants date back to as far as 250 years ago when Georgia was a British colony. Among the requirements for proving ownership status, the grants must still exist, be legible, and must specifically convey tidewaters. Most Crown grants were subject to stipulations such as the cultivation of rice, mandating that the property reverts to the Crown if grantees should fail to adhere to the terms.

Currently, marsh-front property owners can petition the State to recognize their ownership of marshlands by submitting supporting documents to the Georgia Department of Law for official verification.  HB 748 would place an arbitrary 60-day time limit on the Attorney General to verify the claims. If the Attorney General cannot decide within this short period, the law would consider the claim valid by default putting the onus on the State to prove in court that the petitioner does not own public trust marshland. 

Passing this bill would hamper the State’s ability to employ necessary due diligence in evaluating claims affecting public trust lands, thus increasing the likelihood of dubious claims succeeding.

Some might wonder if unleashing a potential land grab of Georgia’s coastal marshlands matters since Crown grant marshlands are covered by the Coastal Marshlands Protection Act (CMPA).  It matters if a constituency of private landholders grows large enough to successfully lobby for policy changes that weaken environmental regulations perceived to impinge on their property rights.     

...continue reading "Why a Bill Expediting Private Ownership of Georgia’s Salt Marsh is a Bad Idea"

Wetlands marked for destruction to make room for Frederica Road realignment.

In issuing permits for projects that disturb or alter the Waters of the United States, the Army Corps of Engineers plays a key role in protecting the nation's water under the federal Clean Water Act.

But the Corps repeatedly fails to fulfill its legal obligations to enforce regulations.

The Clean Water Act's [CWA] purpose is to restore the waters of the country – rivers, streams, and – to a lesser extent – wetlands. Defining those waters subject to regulations known by the term "Waters of the United States" (WOTUS) has been controversial. Due to the water-quality benefits of wetlands, there's been growing support for expanding the WOTUS definition to include more wetlands than previously recognized under the law. Under the CWA, the Corps regulates the disturbance and filling of wetlands that are defined under WOTUS.

Unfortunately, agricultural and land development interests have reinvigorated and funded resistance to expanding the regulated area under the CWA. In some cases and in some districts, this political resistance appears to be influencing both Corps permitting and subsequent court decisions, weakening protections of vital public resources and quality of life.

Certain kinds of projects are eligible for permits that are less thorough than requirements for others. For instance, government-funded road projects are eligible for a "regional general permit' [RGP] that can be issued without public review or environmental assessment. Likewise, individual docks that serve a single residential lot are eligible for a "programmatic general permit" [PGP], if they are not located within, or too close to, historic districts, national parks, or other features having special public purposes. A recurring problem is the Corps' failure to conform to the eligibility requirements for these RGPs and PGPs. This inappropriate issuance of special expedited permits removes safeguards provided by regular permitting, such as a public hearing and environmental review.

...continue reading "A Troubling Pattern Of Faulty Regulation On Georgia’s Coast & Beyond"