Category Archives: Law

No coal plant in Early County: LS Power withdraws all permit requests

Persistence by the local community and environmental groups has paid off in Early County, Georgia: the company that wanted to build a coal plant there has given up.

Press release from GreenLaw, 6 December 2011, Longleaf Defeat Marks End to Nation’s Longest Running Fight Against Coal Plant: Agreement Marks Milestone of 160 Coal Plants Canceled,

The country’s longest-running campaign against construction of a new coal plant ended today as LS Power, a New Jersey-based power company, announced that it will cancel plans to build the Longleaf Energy Station in Blakely, GA. Sierra Club, Friends of the Chattahoochee and GreenLaw have been organizing against the Longleaf coal plant since it was first proposed in 2001. This victory comes as part of a legal agreement between LS Power and Sierra Club.

This victory marks the 160th proposed coal plant canceled since Sierra Club launched its Beyond Coal campaign in 2005. This victory is particularly noteworthy because the struggle lasted for a decade and involved numerous hearings and appeals, and sustained local opposition by hundreds of Georgia residents. Longleaf was one of the very first plants proposed when, in 2001, the coal industry attempted to block clean energy development by building more than 150 new coal plants across the US, a move which would have effectively locked the nation into dependence on coal-fired electricity for the foreseeable future. Longleaf was one of the last remaining new coal projects proposed anywhere in the United States, counting 160 proposals that have now been defeated or abandoned in the past decade.

Several times over the past decade it looked like LS Power would move

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Lowndes County priorities: tanks and lunches for Commissioners, but no lunches for seniors?

So the Lowndes County Commission wouldn't accept a grant for NOAA Weather Radios, (but did vote themselves $75/day travel per diem), wouldn't accept a grant for an emergency vehicle, cancelled lunches for seniors, and barely approved a grant to help people with home downpayments, but the Lowndes County Sheriff's office did accept a grant for an armored vehicle.

Dawn Castro wrote for the VDT today, BearCat Rules: Lowndes sheriff’s office has new armored vehicle

BearCats are typically referred to by law enforcement as being armored rescue vehicles primarily used to transport tactical SWAT officers to and from hostile situations and to assist with the recovery and protection of civilians in harm’s way during terrorist threats, hostage incidents or encounters with armed offenders. The BearCat is designed to provide protection from a variety of small arms, explosives and IED threats.

Sure, and it will never be used against peaceful protesters.

Last month in Tampa, Adam Freeman wrote for WTSP.com 21 November 2011, Are Tampa police using tanks to threaten Occupy protestors?

Members of the movement say TPD is cruising by in the big, armored trucks. Pictures spread around the country over Facebook and Twitter, leading to speculation that TPD was moving in with the tanks.

But officers say it's just a coincidence, and the vehicle act passed by on its way to a Great American Teach-In event.

Maybe the Lowndes County Sheriff's dept. would never misuse an armored vehicle.

And I know, the Sheriff is a constitutional officer and the Lowndes County Commission has very limited control over the Sheriff's budget.

But it's still our same tax dollars. Are these our priorities?

-jsq

Local state legislative delegation at the Country Club

At the State Legislative Luncheon at the Country Club yesterday, sponsored by the Rotary Club and the Chamber of Commerce, I found it more interesting what the legislators didn’t mention than what they did.

Frequent attendees told me the audience was much larger than in previous years, and one attributed that to the recent school consolidation referendum. Sitting side by side were Chamber Chair Tom Gooding and FVCS President Sam Allen.

Jeff Hanson introduced the legislators. He’s the Chair of the Chamber’s Government Affairs Council (GAC). He said they are seeking more participants. Hm, they have an Energy and Environment Policy Committee that’s chaired by someone from Georgia Power….

Tim Golden announced that the local delegation’s highest priority was to get $32 million for a Health Science Center for VSU. VSU Interim President Dr. Levy was there, as was former president “Dr. Z” as Tim Golden called him.

I was just talking to someone from SGMC in the food line about how it would be nice if the Industrial Authority would promote healthcare industries more. It’s good that the legislators are doing that, although it’s not clear that there are not other things that should be even higher priority.

Tim Golden also wants to remove a sales tax Continue reading →

Private prison profits buying more laws to lock people up

Another report about money and private prisons (in addition to the ACLU’s Banking on Bondage), this one Public Campaign and PICO National Network, Unholy Alliance: How the Private Prison Industry is Corrupting Our Democracy and Promoting Mass Incarceration. It establishes that the “kids for cash” scandal, in which two judges accepted kickbacks in exchange for locking up juveniles, was just the tip of the iceberg.
Yet the reality is that private prison lobbyists regularly buy influence with state and federal officials, not only to win lucrative contracts, but also to change or preserve policies that increase the number of people behind bars. Private companies have made huge profits off the mass incarceration of non-violent drug offenders, and are now turning their attention to increasing the detention of Latino immigrants—the newest profit center for the prison industrial complex. Ultimately there is no way to reverse the costly trend toward mass incarceration without reducing the influence of these companies and their money in our democracy.
Here’s another example David Donnelly wrote for Huffpo 17 Nov 2011, Private Prisons Industry: Increasing Incarcerations, Maximizing Profits and Corrupting Our Democracy,
Earlier this year in Louisiana, a plan by Gov. Bobby Jindal (R-LA) to privatize prisons narrowly failed in a legislative committee by a vote of 13 to 12. The 12 members of the House Appropriations Committee who voted to approve the prison privatization plan have received more than three times more money from private prison donors than the 13 members who voted against the plan, according to an analysis of data from the Louisiana Ethics Administration and the National Institute on Money in State Politics. Gov. Jindal himself has taken nearly $30,000 from the private prison industry.
And of course in Georgia there’s HB 87, which isn’t really about excluding immigrants; Continue reading →

The private prison game: Banking on Bondage

Rania Khalek wrote for AlterNet 29 November 2011, The Shocking Ways the Corporate Prison Industry Games the System
Just a decade ago, private prisons were a dying industry awash in corruption and mired in lawsuits, particularly Corrections Corporation of America (CCA), the nation’s largest private prison operator. Today, these companies are booming once again, yet the lawsuits and scandals continue to pile up. Meanwhile, more and more evidence shows that compared to publicly run prisons, private jails are filthier, more violent, less accountable, and contrary to what privatization advocates peddle as truth, do not save money. In fact, more recent findings suggest that private prisons could be more costly.

So why are they still in business?

In a recently published report, “Banking on Bondage: Mass Incarceration and Private Prisons,” the American Civil Liberties Union examines the history of prison privatization and finds that private prison companies owe their continued and prosperous existence to skyrocketing immigration detention post September 11 as well as the firm hold they have gained over elected and appointed officials.

We’d already heard from Bloomberg that Continue reading →

Fighting gangs by legalizing pot

Just like alcohol prohibition produced gansters such as Al Capone, drug prohibition doesn’t prevent crime: it causes it. Legalize, tax, and regulate, end that crime, reduce drug use, and fund government services. While massively reducing the prison population and removing any excuse for private prisons. Sweden is pioneering the way.

Richard Orange wrote for GlobalPost yesterday, A win-win on drugs? Fighting gangs by legalizing pot,

Copenhagen’s city municipality voted in recent weeks, 39 votes to 9, to empower its social affairs committee to draw up a detailed plan to legalize cannabis.

If that plan is approved by Denmark’s new left-of-centre parliament next year, the city could become the first to legalize marijuana, rather than simply tolerate it, as police do in the Netherlands.

“We are thinking of perhaps 30 to 40 public sales houses, where the people aren’t interested in selling you more, they’re interested in you,” Mikkel Warming, the mayor in charge of social affairs at Copenhagen City Council told GlobalPost. “Who is it better for youngsters to buy marijuana from? A drug pusher, who wants them to use more, who wants them to buy hard drugs, or a civil servant?”

Not just drug toleration. Legalization: Continue reading →

We’re not done working on this —Jason Davenport @ GLPC 28 November 2011

Continuing the Comprehensive Plan Short Term Work Program (STWP) updates, the chairman asked if the board was ready

Lowndes County Planner Jason Davenport responded:

We’re not done working on this. But if you think it’s time to bring it before y’all.
Later, at about 11:40 in, Davenport clarified:
And the only that’s different right now is Lowndes County. Because Lowndes County did not hold a public hearing as required, so we’re on a different timeline. And if Mrs. Quarterman would have given me about until December 13th she would have seen that.

Because our initial resolution was not the same as the other communities. We’re on a little bit of a different timeline because we have to address that issue. That’s one thing; the county in this instance will be handled a little different than some of the smaller cities and Valdosta.

That would be the initial resolution the county did not provide in response to an open records request about the draft the county did not publish as required by the state. If the county had answered questions weeks ago, instead of waiting until they had to do makeup homework, nobody would have had to ask about it at that GLPC meeting….

Anyway, the County Planner has said there will be a public hearing. However, remember it was the County Chairman who said that the public hearing item on the agenda was not really a public hearing. It’s the Chairman, not the Planner, who sets the agendas for the County Commission. We’ll see what’s on the 13th December County Commission Agenda, and whether it really is handled as a public hearing in that meeting.

Then GLPC Board Member John Page expressed his concerns: Continue reading →

Don’t we still need farmers to feed us? —Gretchen Quarterman @ GLPC 28 November 2011

What was it that the Lowndes County government didn’t want its citizens to see in the draft it didn’t publish and didn’t provide in response to an open records request, and the hearing it didn’t hold about its updates to the Comprehensive Plan? Could it be the many items the county is deleting, having to do with feeding seniors, health care, transportation, work ethics and life skills, environmental impacts, agriculture, wells, wetlands, and many other topics, some of which Gretchen Quarterman detailed to the Greater Lowndes Planning Commission yesterday?

After Valdosta and Hahira City Planner Matt Martin explained how all the local city governments had or were going to have hearings about their Comprehensive Plan Short Term Work Program updates, the GLPC Chairman asked if any citizens wanted to speak on that topic. One citizen did, Gretchen Quarterman. She apologized for missing the September GLPC meeting because she would have raised some of these issues then.

I have an appointment with [Lowndes County Planner] Jason [Davenport] tomorrow to address some of my questions.

But I want to let you know that at the County Commission did not hold a public hearing after the changes. I was at the [Valdosta] City Council meeting, and the City Council did hold a public hearing, but the County Commission did not.

And I believe that is in violation of DCA’s guidelines. They sent a transmission letter that said they followed DCA’s guidelines. DCA’s guidelines say hold a public hearing. It was on the agenda, the public hearing, but no public hearing was held. So I didn’t have an opportunity to see the document, or to comment, before the county sent it.

She said she would provide written comments to Jason the next morning, and asked if GLPC would like to hear some of them. They said they would, so she read some of them. For example:
In Section 1.3 it was struck from the document:
Ensure supporting senior services such as health care,
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Transparent government is totally what my heart is about. —Gretchen Quarterman

I repeatedly apologized to County Planner Jason Davenport about an earlier misunderstanding about the “public hearing” agenda item, which the Chairman stated was not really a public hearing and for which no citizens were allowed to speak:
7.b. Greater Lowndes 2030 Comprehensive Plan Updates – Lowndes County Report of Accomplishments (ROA) and Short Term Work Program (STWP)
Then I said:
Transparent government is totally what my heart is about. And I think that people trust the government more when we can see the business done in public. And I really appreciate when you do things in public and you ask questions in the work sessions so everybody can hear.
The VDT’s version was:
The lone citizen to be heard, Gretchen Quarterman, thanked commissioners for their observance of open government and apologized to County Planner Jason Davenport for things she said to him prior to the meeting, due to a “misunderstanding,” she said.

After the meeting adjourned, Chairman Ashley Paulk apologized to me in public Continue reading →

Last call for Georgia redistricting comments

Jeanne Bonner wrote for GPB News 23 November 2011, Redistricting Map Review Underway
Georgians have until Dec. 23 to comment on new state and congressional district maps. The U.S. Department of Justice is in the midst of its 60 day-review of the maps. Voter advocate groups say this may be the last chance to comment before the maps go into effect for a decade.

…

Elizabeth Poythress, president of the League of Women Voters of Georgia, says the Justice Department is eager to receive citizen comment.

“We’re just encouraging people to take the advantage they have

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