Background: Economic and Environmental Harm From GP’s Pollution In the St. John’s River

Small Businesses Impacts

Brooks Busey, Owner Of Sadler Point Marina, Warned That Many Individuals’ Livelihoods Depended On A Healthy St. Johns River. According to the Jacksonville Business Journal, “The issue isn’t just an environmental one considering the 4,000 direct and indirect jobs the Palatka plant supports, and the Riverkeeper had made the economic case for cleaning the river through its new campaign, which launched last month. The Cleaner GP campaign, which calls on Gov. Rick Scott to nix the pipeline, features Sadler Point Marina owner Brooks Busey saying his business is hurt when the river suffers. ‘My livelihood depends on a healthy St. Johns River,’ Busey is quoted as saying on the campaign website. Riverkeeper Executive Director Jimmy Orth said an unhealthy river affects marinas and the fishing industry, making the fight more than just environmentalists versus businessmen. ‘Business people want a fair playing field and this is not a fair playing field,’ Orth said. ‘Yes, they provide a lot of jobs, but they should have to meet the same water quality standards as other businesses.’” [Jacksonville Business Journal, 2/11/11]

Fish Kills

Large Fish Kills Were Reported In The St. Johns River because Of Algal Blooms. According to the Florida Independent, “Reports of a vast number of redfish deaths in the St. Johns River have Jacksonville residents, and many more throughout Florida, worried. The river is host to hundreds of species of birds, fish and other wildlife and, at 310 miles long, it flows through 12 of Florida’s 67 counties. Since May 25, the Florida Fish and Wildlife Commission has received at least 49 reports of dead fish in the river. Catalina Brown, a scientist with the FFWC, says the deaths cannot be attributed to the recent gulf oil spill, but are instead the result of a recent rise in algal blooms — blooms perhaps exacerbated by local industry runoff. Algal blooms almost always lead to fish kills. Not only do algae release toxins, but they use up copious amounts of oxygen when they die. They also cut off sunlight needed for underwater plant life to flourish.” [Florida Independent, 6/8/10]

Algal Blooms

Runoff From The GP Paper Mill Adds Phosphorus And Nitrogen To The River, Nutrients That Cause Algal Blooms. According to the Florida Independent, “These algal blooms, though typical, generally occur on a much more limited scale, and not this early in the summer. Jimmy Orth, of St. Johns Riverkeeper, says that these recent cases are simply astounding. […] Orth views the problem as one indicative of river neglect. ‘Our river is sick, and these fish deaths are a symptom,’ he says. ‘It’s hard to point the finger at any one industry when there are numerous culprits, but the root problem is the amount of excessive nutrients — namely, phosphorus and nitrogen — in the water, which come from runoff.’ That runoff comes from residential fertilizers, community waste-water and large corporations like Georgia-Pacific, one of the single-largest contributors of nutrients to the river. GP’s Palatka-based pulp and paper mill sits on nearly 6,000 acres of Rice Creek, a tributary of the St. Johns, and contributes both phosphorus and nitrogen to the river. And, coincidentally enough, a large algal bloom was recently spotted in the creek.” [Florida Independent, 6/8/10]

Toxins

St. Johns Riverkeeper Was Concerned That Liquid Waste Could Contain Cancer-Causing Toxins. According to News4Jax.com, “While the St. Johns Riverkeeper is worried that the liquid waste might contain cancer-causing toxins, DEP Secretary Herschel Vinyard says it’s restrictive. ‘Its a big win for Jacksonville, it’s a big for the river,’ Vinyard said. ‘My technical staff informed me earlier that this is the most restrictive and comprehensive wastewater permit ever issued by the department. It’s a real win.’ Georgia-Pacific is owned by Koch Industries, the controversial company owned by billionaire brothers Charles and David Koch. Both men are well-known as being opposed to environmental and business regulations.” [News4Jax.com, 10/4/12]

• St. Johns Riverkeeper Was A Citizen-Based Advocacy Group Focused On Maintaining The St. Johns River Clean And Healthy For Communities. According to the St. Johns Riverkeeper website, “The St. Johns Riverkeeper mission is to work on behalf of the community for clean and healthy waters in the St. Johns River, its tributaries and its wetlands, through citizen-based advocacy. We are a privately-funded, independent and trusted voice for the St. Johns River and the public to whom it belongs.” [St. Johns Riverkeeper Website, Accessed 8/12/14]

St. Johns Riverkeeper Issued A Study To Demonstrate That The Proposed Pipeline Only Moved Wastewater Discharge And Pollution From One Place To Another. According to the Jacksonville Business Journal, “A St. Johns Riverkeeper-commissioned study released Feb. 9 found that the Palatka paper company’s past commissioned study was faulty in determining that the pipeline was the only way it could meet state water quality standards. Riverkeeper Neil Armingeon hopes the new study, conducted by Greenovative Design and Engineering, will persuade the state Department of Environmental Protection to reject the four-mile pipeline. The multiyear fight, which has spurred public relations campaigns from both sides, reflects the larger issue of how the region balances manufacturing with health concerns over the river. Environmental improvements made by local manufacturers, including Anheuser-Busch InBev NV and Gerdau Ameristeel Corp., have paralleled the community’s increased interest in cleaning up the river. Likewise, Georgia-Pacific has spent $200 million to solve its wastewater problem. ‘We think there are enough questions that this review raises that we don’t think GP should move forward until these issues are addressed,’ Armingeon said. He said moving the wastewater discharge point from the current site at Rice Creek to directly into the St. Johns River only moved the pollution from one place to another. The DEP hasn’t set a date for when it will announce its decision on the planned pipeline.” [Jacksonville Business Journal, 2/11/11]

1999: Georgia Pacific In Palatka Wanted To Build Pipelines To “Carry Polluted Waste Farther Downstream.”

Georgia Pacific In Palatka Wanted To Build Pipelines To “Carry Polluted Waste Farther Downstream.” According to the St. Petersburg Times, “A dry meeting on the finer points of paper mill technology drew a standing-room-only crowd Thursday night in Tallahassee, putting the spotlight on one of Florida’s most vexing pollution problems. Three North Florida pulp and paper mills – Champion International in Pensacola, Georgia Pacific in Palatka and Buckeye Florida in Perry – want to build pipelines to carry polluted waste farther downstream.” [St. Petersburg Times, 1/15/99]

Along With Two Other Paper Mills, Georgia-Pacific Palatka Produced More Than 100 Million Gallons Of Polluted Wastewater Daily. According to the St. Petersburg Times, “Three North Florida pulp and paper mills – Champion International in Pensacola, Georgia Pacific in Palatka and Buckeye Florida in Perry – want to build pipelines to carry polluted waste farther downstream. Collectively, the three mills release a staggering amount of polluted wastewater, more than 100-million gallons a day.” [St. Petersburg Times, 1/15/99]

Georgia-Pacific Sought To Build A Pipeline “To Discharge 35 To 60 Million Gallons A Day Into The St. Johns River.” According to the St. Petersburg Times, “Georgia Pacific wants to build a pipeline to discharge 35- to 60-million gallons a day into the St. Johns River.” [St. Petersburg Times, 1/15/99]

Paper Mills Produce “Dark, Oxygen-Poor” Waste With Dioxin Which Can “Wreak Havoc In Natural Systems.” Scientists Found Fish Downstream From Paper Mills Which Were Changing Sex. According to the St. Petersburg Times, “Florida pulp and paper industry officials say the only feasible way to deal with pollution is to dilute it in large water bodies. Dark, oxygen-poor paper mill waste can snuff out marine life. It can also carry dioxin, which can wreak havoc in natural systems. Downstream from some Florida paper mills, scientists have found fish that are changing sex, but no one is sure what is causing the phenomenon.” [St. Petersburg Times, 1/15/99]

Gainesville Sun: “The Georgia Pacific Plant Has Been Discharging Into Rice Creek… For More Than 50 Years.” According to the Gainesville Sun, “The Georgia Pacific plant has been discharging into Rice Creek, a tributary of the St. John’s River 40 miles east of Gainesville, for more than 50 years. A 1997 EPA study of bluegill fish tissue taken from Rice Creek found an average dioxin level of 2.8 parts per trillion, exceeding the agency’s acceptable upper limit of 1.2 parts per trillion.” [Gainesville Sun, 7/20/02]

2001: Gov. Jeb Bush’s Department of Environmental Protection Issued Permit to GP That Authorized It To Build A Wastewater Pipeline Only If GP Could Not Meet Water Quality Standards

DEP: “In May Of 2001, The Department Issued A Notice Of Intent To Issue Industrial Wastewater Permit Number FL0002763 (“Permit”) To Georgia-Pacific.” According to an Administrative Order from Florida DEP, “In May of 2001, the Department issued a Notice of Intent to Issue industrial wastewater Permit Number FL0002763 (“Permit”) to Georgia-Pacific. The proposed Permit includes a related Administrative Order Number 039-NE (“Administrative Order”) establishing a compliance schedule. The Permit would, after implementation of the activities authorized in the Administrative Order, authorize construction and operation of a pipeline to discharge the Mill wastewater into the St. Johns River only if Georgia-Pacific demonstrates that it cannot meet Class III Water Quality Standards in Rice Creek.” [DEP, 8/6/02]

• DEP: “The Permit Would Authorize Construction Of A Pipeline To Discharge GP’s Wastewater Into The St. Johns River Only If Georgia-Pacific Demonstrates That It Cannot Meet Class III Water Quality Standards In Rice Creek.” According to an Administrative Order from Florida DEP, “In May of 2001, the Department issued a Notice of Intent to Issue industrial wastewater Permit Number FL0002763 (“Permit”) to Georgia-Pacific. The proposed Permit includes a related Administrative Order Number 039-NE (“Administrative Order”) establishing a compliance schedule. The Permit would, after implementation of the activities authorized in the Administrative Order, authorize construction and operation of a pipeline to discharge the Mill wastewater into the St. Johns River only if Georgia-Pacific demonstrates that it cannot meet Class III Water Quality Standards in Rice Creek.” [DEP, 8/6/02]

2002: Jeb Bush Emailed Constituent To Say He Was “Proud Of Our Agreement With Georgia-Pacific,” Said “It Is A Win, Win. The Extremists Are Wrong Again.’”

Florida DEP Official To Constituent: “Governor Bush Received Your Recent E-Mail…And Wanted Us To Pass Along” That “The Department Has Confidence In Georgia-Pacific’s Commitment To Industry Improvement, The Environment, And The Community At Large.” According to an email from John Peterson, Sr. Deputy Ombudsman at the Department of Environmental Protection, to a constituent on March 4, 2002, “Mr. Meyer, Governor Bush received your recent e-mail regarding Georgia-Pacific and wanted us to pass along the following information. Thanks for expressing your concerns. There also two attachments. John R. Peterson Sr. Deputy Ombudsman Department of Environmental Protection […] The department has confidence in Georgia-Pacific’s commitment to industry improvement, the environment, and the community at large.” [John Peterson Email to Constituent, 3/4/02]

Gov. Jeb Bush Email: “I Am Proud Of Our Agreement With Georgia-Pacific… It Is A Win, Win. The Extremists Are Wrong Again.” According to an email from Jeb Bush to a constituent on March 18, 2002, “I am proud of our agreement with Georgia Pacific. It was negotiated by our DEP with EPA’s support. It is a win, win. The extremists are wrong again. I hope you are doing well. Jeb Bush.” [Gov. Jeb Bush Email to Constituent, 3/18/02]

DEP Secretary David Struhs Email To Bush: “Using Standard Measuring Protocols We Have Never Identified Even Trace Amounts Of Dioxin” In The Georgia-Pacific Effluent. According to an email from DEP Secretary David Struhs to Gov. Jeb Bush on April 15, 2002, “Governor: We are running a man-to-man strategy on this issue since there are so few of these popping up. Whenever possible we are calling the individuals at home to discuss the facts with them. If that does not work, we communicate in writing. Regarding this specific e-mail, you should know that: 1) we do not issue permits that allow ‘unspecifiec [sic] and unlimited’ toxic releases 2) using standard measuring protocols we have never identified even trace amounts of dioxin in the effluent Thanks, David” [David Struhs Email to Gov. Jeb Bush, 4/15/02]

2003: Jeb Bush Praised GP’s Actions In Palatka County, Praised Efforts of GP to Invest In Upgrades for Plant, Presided Over Meeting Where GP Was Granted Easement for Construction Of Pipeline

Jeb Bush Heaped Praise On Georgia Pacific, During Meeting He Asked His Department to Confirm There Was An 80 % Chance The Pipeline Would Not Be Necessary.

June 26, 2003: Gov. Jeb Bush Said He Was A “Huge Fan” Of What Georgia-Pacific Was “Doing In Palatka County.” According to a transcript of a Florida Cabinet Meeting, “GOVERNOR BUSH: Mr. [VP of Georgia-Pacific Palatka Ted] Kennedy, can I — we are, at least I am a huge fan of what you are doing in Palatka County. I appreciate the fact that you make all this stuff.” [Cabinet of the State of Florida, Meeting Transcript, 6/23/03, myflorida.com, accessed 2/2/15]

June 26, 2003: Bush: “We Love Georgia-Pacific.” According to a transcript of a Florida Cabinet Meeting, “GOVERNOR BUSH: Absolutely. We love Georgia-Pacific from that perspective and I know you are great in the community, and you got great workers; I met quite a few of them.” [Cabinet of the State of Florida, Meeting Transcript, 6/23/03, myflorida.com, accessed 2/2/15]

June 26, 2003: Bush And The DEP Estimated An 80 Percent Chance The Pipeline Would Not Be Necessary. According to a transcript of a Florida Cabinet Meeting, “MR. [VP of Georgia-Pacific Palatka Ted] KENNEDY: However, as part of the administrative order, the DEP, EPA and Georgia-Pacific agreed that post installation of the technologies and subsequent optimization and testing period of a year each, we would test as to whether we could meet water quality standards in Rice Creek. And if we could not, as a backup plan we would be allowed to construct a pipeline relocating our discharge into the St. Johns River. GOVERNOR BUSH: As I understand it, there is — at least maybe the department can answer this — there is 80 percent, you believe, based on current technology and based on the plans that Georgia-Pacific has embarked on, that there is a 80 percent chance this will be self— that water quality standards will be met at the current discharge location in Rice Creek? MR. [Florida DEP’s Mario]TAYLOR: That is correct.” [Cabinet of the State of Florida, Meeting Transcript, 6/23/03; myflorida.com, accessed 2/2/15]

Bush Said It Was Necessary To Provide Georgia-Pacific With An Easement To Build The Pipeline To Allow Them To Invest In Water Treatment So That They Wouldn’t Need To Build The Pipeline. According to a transcript of a Florida Cabinet Meeting, “GOVERNOR BUSH: And in the event that the 20 percent kicks in, then the need for construction of a pipeline would become necessary. And in that case, you need the easement now, even though that’s down the road 10 years or whatever it is so that you can have the certainty for investment? MR. [VP of Georgia-Pacific Palatka Ted] KENNEDY: That’s correct. GOVERNOR BUSH: Because if you can’t invest, if you don’t have that, then you can’t make the necessary investments which will hopefully yield the 80 percent result which is that we won’t need the pipeline at all? MR. KENNEDY: That is correct.” [Cabinet of the State of Florida, Meeting Transcript, 6/26/03; myflorida.com, accessed 2/2/15]

Bush Suggested That The Pipeline Was An Improvement On The 1993 Proposal To Build A Pipeline. According to a transcript of a Florida Cabinet Meeting, “GOVERNOR BUSH: General, this may help as well, that the ’93 solution was to put a pipeline in the St. Johns. New guys come into town, new Department of Environmental Protection, trying to seek a better solution, and Georgia-Pacific steps up to the plate and says, Okay. We will change our plans to invest $75 million to lower the amount of pollutants leaving the plant, which is your concern. So we have gone from early 1990s pipeline into St. Johns to the company making a major investment to clean the water quality irrespective of whether it goes into Rice Creek or to the St. Johns River. And in the case of the St. Johns River, it meets water quality standards the way that the alternative that we hoped doesn’t have to happen comes in.” [Cabinet of the State of Florida, Meeting Transcript, 6/26/03; myflorida.com, accessed 2/2/15]

Georgia-Pacific Environmental Manager Myra Carpenter Said That “Rice Creek Is A Very Small Stream, At Times… It’s An Effluent Dominated System, So It’s More Effluent Than It Is Natural Flow.” According to a transcript of a Florida Cabinet Meeting, “MS. CARPENTER: […]And the fact that Rice Creek is a very small stream, at times, particularly in the spring, it’s an effluent dominated system, so it’s more effluent than it is natural flow.” [Cabinet of the State of Florida, Meeting Transcript, 6/26/03; myflorida.com, accessed 2/2/15]

• 2000: Carpenter Said That Rice Creek’s Average Effluent Concentration Was Around 60%, With A Range Of 50% To 97%; The Average Paper Mill’s Effluent Concentration Ranges From Less Than 1% To 5%. According to a dissertation from Maria Soledad Sepulveda from the University of Florida in 2000 accessed via archive.org, “The Palatka paper mill plant has been in operation since 1947. This mill has two bleaching lines (40% product) and an unbleached line (60% product), which together release an estimated 36 million gallons of effluent daily. Treated effluents are discharged into Rice Creek, a small tributary of the St. Johns River. Rice Creek runs for about 5km prior to its confluence with the St. Johns River. Because Rice Creek is a small tributary, effluents can account for a large portion of its total flow (yearly average effluent concentration is estimated to be around 60%, with a range of 50% to 97%) (Myra Carpenter, personal communication). By the time effluents reach the St. Johns River, concentrations have fallen below 10%. It should be noted however, that these concentrations are higher when compared to the majority of paper mills in the U.S., where average effluent dilutions range from less than 1% to about 5%.” [Maria Soledad Spulveda – Dissertation via archive.org, accessed 2/2/15]

Critics Said The Pipeline Would Encourage The Company To “Backslide On Pollution Reduction.” According to the Florida Times-Union, “Critics contend that guaranteeing river access will encourage the company to backslide on pollution reduction. Some opponents have argued access to the 1 1/2-mile-wide river, with its potential to dilute vast amounts of pollution, would let Georgia-Pacific increase production and create more waste without running afoul of environmental laws.” [Florida Times-Union, 6/20/03]

Mario Taylor Of The DEP Said That Pollution Reductions Were Mandated And The Company Did Not Have The Option Not To Meet Them. According to the Florida Times-Union, “The improvements are already mandated in Georgia-Pacific’s permit, and the state won’t tolerate foot-dragging, said Mario Taylor, the Northeast Florida district director of environmental protection. ‘They do not have the option to say ‘I can just sit back and kind of cruise,’’ Taylor said. ‘There is a legal obligation for them to do it. It is not something they get to choose to do.’” [Florida Times-Union, 6/20/03]

While Attorney General Crist Expressed Concerns About Total Load of Pollution Coming from Georgia-Pacific Plant, Bush Asked “So In No Circumstances Would There Be Increased Pollution Over The Next Eight Years Or Whatever?” According to a transcript of a Florida Cabinet Meeting, “GENERAL CRIST: If you are really bored some day. At any rate, the issue for me is not to increase the level of pollution here. And I understand if you mix it in a bigger pot, it dilutes, the standard is easier to meet. My only concern is that there not be an increase in the pollution as a result of a bigger pipe going into the St. Johns. Treasurer, if you could explain your motion, which I think is along the lines of what I anticipated making, I would appreciate it. CFO GALLAGHER: What happens is they have agreed to change with the 73 plus million dollars to be spent to use present known ways to clear up the effluent and have it clean enough to pass the test. This allows them — if by chance, if they spend all this money, all in good faith, to get this done, and it doesn’t meet it for the creek, then we allow them to take this clean water that just doesn’t meet it and run it into the St. Johns which can take it a lot easier than the Rice Creek can. GOVERNOR BUSH: So in no circumstances would there be increased pollution over the next eight years or whatever? CFO GALLAGHER: It’s got to be less because what was running down Rice Creek right now is going into St. Johns, and a heck of a lot worse than it will be down the road. [Cabinet of the State of Florida, Meeting Transcript, 6/26/03; myflorida.com, accessed 2/2/15]

Crist Questioned Need for a Pipe at GP Plant, Questioned Veracity of GP Vice President’s Claims. According to a transcript of a Florida Cabinet Meeting, GENERAL CRIST: Why is there a need for a pipe? MR. KENNEDY: Again, because of the size of Rice Creek and mixing capability versus the size and mix capability of the St. Johns. GENERAL CRIST: With all due respect, that’s where you lose me, because if it’s the same amount, if it’s not any more pollution, why do you need to affect the mixing capability issue, if all you are going to do is do the same stuff? And maybe not at all; if the treatment part in the permit that’s in litigation right now works out and you guys are able to address it, which I have great confidence in — but trust but verify is important to me. So my concern is why would you need to have — what’s the difference? If you are not going to increase the flow of what you are putting out of the plant, why are we here?

Attorney General Crist Expressed Specific Concerns About Difference Between Total Load of Pollution Coming from Georgia-Pacific Plant Versus General Water Quality Standards. According to a transcript of a Florida Cabinet Meeting, “GENERAL CRIST: “You hit my issue, my issue is, I understand there is a difference between water quality standards and the load, or in other words, the bad stuff that goes out of a plant, to put it in laymen’s terms. Is that accurate? Is there a difference? Is there a distinction? MR. SIEBOLD: Yes. GENERAL CRIST: I am concerned about the bad stuff coming out of a plant more than I am about it being diluted in St. Johns which I care about deeply.” [Cabinet of the State of Florida, Meeting Transcript, 6/26/03; myflorida.com, accessed 2/2/15]

Attorney General Crist Offered A “Friendly Amendment” To Assure That Pollutant Load From Palatka Plant Didn’t Increase If GP Was Granted Easement. According to a transcript of a Florida Cabinet Meeting, “GENERAL CRIST: Me, too. Maybe I can offer a friendly amendment that might satisfy me and get me to yes as well, which would be to add on to what Treasurer Gallagher added so long as the load, pollutant, doesn’t increase too. Then I am a happy guy. …. GENERAL CRIST: Understood. But I want to offer my friendly amendment so long as the load design doesn’t increase. And you can vote it up or down.” [Cabinet of the State of Florida, Meeting Transcript, 6/26/03; myflorida.com, accessed 2/2/15]

Crist’s Amendment To Tie GP Easement To Assurances That Pollutant Load From Plant Would Not Increase Lost On 1-2 Vote. GOVERNOR BUSH: According to a transcript of a Florida Cabinet Meeting, “That will require three votes, just as the agenda item will as well. There is an amendment to the motion. All in favor say aye. GENERAL CRIST: Aye. GOVERNOR BUSH: All opposed? CFO GALLAGHER: No. COMMISSIONER BRONSON: No. GOVERNOR BUSH: The motion does not pass.” [Cabinet of the State of Florida, Meeting Transcript, 6/26/03; myflorida.com, accessed 2/2/15]

Crist Voted Against Motion To Grant Easement For Georgia-Pacific, Motion Passed 2-1. According to a transcript of a Florida Cabinet Meeting, “Now we are back to the agenda item. There is a motion and second. Any other discussion? All in favor say aye. GALLAGHER: Aye. COMMISSIONER BRONSON: Aye. GOVERNOR BUSH: All opposed. GENERAL CRIST: No. GOVERNOR BUSH: Thank you all very much.” [Cabinet of the State of Florida, Meeting Transcript, 6/26/03; myflorida.com, accessed 2/2/15]

October 2005: As Koch Is Negotiating to Purchase GP, Jeb Bush’s Long Record of Gutting Pollution Rules On the ST. Johns River Begins to Receive Scrutiny

Gov. Jeb Bush’s Department of Environmental Protection Began Working With Polluting Industries In 1999 to Remove Hundreds Of Waterways from Cleanup Lists, Including The St. John’s River

Miami Herald: “The Trouble Began In 1999 When The DEP Removed Hundreds Of Waterways From Its Official Cleanup List. The State Worked Closely With Polluting Industries To Craft The List.” According to the Miami Herald, “Florida’s Department of Environmental Protection isn’t helping matters. In office buildings far from the beaches where dead sea creatures are washing in, Gov. Jeb Bush’s bureaucrats are making changes on paper that reverberate to our coastline. The trouble began in 1999 when the DEP removed hundreds of waterways from its official cleanup list. The state worked closely with polluting industries to craft the list, which included such notoriously polluted waterways as Taylor County’s black and smelly Fenholloway, the only Florida river ever officially set aside as an ‘industrial’ waterway. The DEP also wiped many waterways off the list that are clearly in need of help, including parts of Lake Okeechobee, the Everglades, Tampa Bay, Charlotte Harbor, Pensacola Bay, the Suwannee and St. Johns rivers and waters off the crowded southeast coast.” [Miami Herald, 10/16/05]

Miami Herald: The DEP Removed From Its Cleanup List “Such Notoriously Polluted Waterways” As “Smelly Fenholloway, The Only Florida River Ever Officially Set Aside As An ‘Industrial’ Waterway.” According to the Miami Herald, “Florida’s Department of Environmental Protection isn’t helping matters. In office buildings far from the beaches where dead sea creatures are washing in, Gov. Jeb Bush’s bureaucrats are making changes on paper that reverberate to our coastline. The trouble began in 1999 when the DEP removed hundreds of waterways from its official cleanup list. The state worked closely with polluting industries to craft the list, which included such notoriously polluted waterways as Taylor County’s black and smelly Fenholloway, the only Florida river ever officially set aside as an ‘industrial’ waterway. The DEP also wiped many waterways off the list that are clearly in need of help, including parts of Lake Okeechobee, the Everglades, Tampa Bay, Charlotte Harbor, Pensacola Bay, the Suwannee and St. Johns rivers and waters off the crowded southeast coast.” [Miami Herald, 10/16/05]

Miami Herald: The DEP Also “Wiped Many Waterways Off The List That Are Clearly In Need Of Help, Including…The Suwannee And St. Johns Rivers. “According to the Miami Herald, “Florida’s Department of Environmental Protection isn’t helping matters. In office buildings far from the beaches where dead sea creatures are washing in, Gov. Jeb Bush’s bureaucrats are making changes on paper that reverberate to our coastline. The trouble began in 1999 when the DEP removed hundreds of waterways from its official cleanup list. The state worked closely with polluting industries to craft the list, which included such notoriously polluted waterways as Taylor County’s black and smelly Fenholloway, the only Florida river ever officially set aside as an ‘industrial’ waterway. The DEP also wiped many waterways off the list that are clearly in need of help, including parts of Lake Okeechobee, the Everglades, Tampa Bay, Charlotte Harbor, Pensacola Bay, the Suwannee and St. Johns rivers and waters off the crowded southeast coast.” [Miami Herald, 10/16/05]

Jeb Bush’s Department of Environmental Protection (DEP) Violated The Clean Water Act, But George W. Bush’s EPA Refused to Intervene, Released New List of Polluted Waters to Remove From Clean-Up Plan In Defiance of Clean Water Act, Federal Court Order, and EPA Filings

Florida DEP’s Actions Violated The Clean Water Act, But The EPA Refused To Intervene. According to the Miami Herald, “Even though Florida’s actions violated one of America’s premier environ-mental laws — the Clean Water Act — the U.S. Environmental Protection Agency refused to step in and correct Florida’s mistakes. It took a lawsuit filed by the Clean Water Network, Sierra Club and others to finally get EPA’s attention. Now, in a victory for the public, the EPA is admitting for the first time in court documents that Florida illegally changed its water-quality standards and violated the Clean Water Act.” [Miami Herald, 10/16/05]

The EPA Admitted In Court Documents That “Florida Illegally Changed Its Water-Quality Standards And Violated The Clean Water Act.” According to the Miami Herald, “Even though Florida’s actions violated one of America’s premier environ-mental laws — the Clean Water Act — the U.S. Environmental Protection Agency refused to step in and correct Florida’s mistakes. It took a lawsuit filed by the Clean Water Network, Sierra Club and others to finally get EPA’s attention. Now, in a victory for the public, the EPA is admitting for the first time in court documents that Florida illegally changed its water-quality standards and violated the Clean Water Act.” [Miami Herald, 10/16/05]

Miami Herald: “Incredibly, Florida’s DEP Has Released A New List Of Polluted Waters To Remove From The Clean-Up Plan –Defying The Clean Water Act, A Federal Court Order, And The EPA’s Recently Admitted Filings.” According to the Miami Herald, “Incredibly, Florida’s DEP has released a new list of polluted waters to remove from the clean-up plan — defying the Clean Water Act, a federal court order and the EPA’s recently admitted findings. The new list has 151 waters to be deleted, bringing the statewide total to 487 polluted waters that DEP refuses to recognize as needing better protection.” [Miami Herald, 10/16/05]

The DEP’s New List Excluded An Additional 151 Waters From Cleanup Efforts, “Bringing The Statewide Total To 487 Polluted Waters That The DEP Refuses To Recognize As Needing Better Protection.” According to the Miami Herald, “Incredibly, Florida’s DEP has released a new list of polluted waters to remove from the clean-up plan — defying the Clean Water Act, a federal court order and the EPA’s recently admitted findings. The new list has 151 waters to be deleted, bringing the statewide total to 487 polluted waters that DEP refuses to recognize as needing better protection.” [Miami Herald, 10/16/05]

Miami Herald: “How Many More Dead Turtles, Manatees, Dolphins, And Fish Will It Take Before Florida Cracks Down On Polluters?” According to the Miami Herald, “How many more dead turtles, manatees, dolphins and fish will it take before Florida cracks down on polluters?” [Miami Herald, 10/16/05]

Florida’s Plan to Reduce Nutrient Pollution In The St. John’s River Was Initially Accepted by George W. Bush’s EPA, But Was Rejected After a Challenge In Federal Court

Florida’s Plan To Reduce Nutrient Pollution In The St. Johns River Was “Found To Be Insufficient” By The EPA, Which Said It Would “Not Have Reduced Pollutant Levels Enough.” According to the Florida Times-Union, “A state plan to reduce nutrients in the portion of the St. Johns River that flows through Northeast Florida was found to be insufficient by the federal Environmental Protection Agency, which said the plan would not have reduced pollutant levels far enough.” [Florida Times-Union, 10/27/05]

The EPA Initially Approved The DEP’s Plan For The St Johns River In 2004 But Rejected It After It Was Challenged In A Federal Court By Two Environmental Groups, The St. Johns Riverkeeper Of Jacksonville And The Clean Water Network Of Florida. According to the Florida Times-Union, “The river would not have met state standards for dissolved oxygen under the proposal by the Florida Department of Environmental Protection, the EPA found, despite the EPA having approved that plan in April 2004. The EPA rejected the plan after reviewing it for a second time following a challenge in federal court by two environmental groups, the St. Johns Riverkeeper of Jacksonville and the Clean Water Network of Florida, based in Tallahassee.” [Florida Times-Union, 10/27/05]

St. Johns Riverkeeper’s Neil Armingeon Said The State DEP’s Plan “Catered To The Wishes Of Various Industries, Rather Than What Was Best For The River.” According to the Florida Times-Union, “Proper levels of oxygen are critical to the river’s health, especially for fish, St. Johns Riverkeeper Neil Armingeon said. Low oxygen levels, a condition that can be caused by nutrients from lawn fertilizer and sewage washing into the river, were partly responsible for the green film of algae that covered large sections of the St. Johns in the summer. Armingeon hailed the EPA’s decision as a victory for the river. He said the state had formulated a plan that catered to the wishes of various industries, rather than what was best for the river.” [Florida Times-Union, 10/27/05]

The State Deemed Portions Of The St. Johns River “Impaired In Terms Of Oxygen Levels,” Which Required It To Reduce Pollutants. According to the Florida Times-Union, “The state is required to reduce the amount of nutrients in the St. Johns River from Putnam County north through Jacksonville to Mayport because the state has deemed that stretch of river impaired in terms of oxygen levels, [St. Johns Riverkeeper Neil] Armingeon said.” [Florida Times-Union, 10/27/05]

Florida Times-Union Columnist Ronald Littlepage: “Government Agencies That Are Supposed To Protect The River – Such As The Department Of Environmental Protection… Need To Be Made To Do Their Jobs Instead Of Catering To Developers And Industries.” According to an opinion by columnist Ronald Littlepage in the Florida Times-Union, “Government agencies that are supposed to protect the river — such as the Department of Environmental Protection and the St. Johns River Water Management District — need to be made to do their jobs instead of catering to developers and industries.” [Ronald Littlepage – Florida Times-Union, 11/6/05]

Miami Herald: “Fishermen and Divers Say There Is A 2,000-Square-Mile Gulf ‘Dead Zone’… Littered With Dead Marine Life. Florida’s Department Of Environmental Protection Isn’t Helping Matters.” According to the Miami Herald, “Fishermen and divers say there is a 2,000-square-mile Gulf ‘dead zone’ stretching from Pasco County to Sarasota. The dead zone — the worst many can remember — is littered with dead marine life. Florida’s Department of Environmental Protection isn’t helping matters.” [Miami Herald, 10/16/05]

• Miami Herald Headline: “State DEP Takes Lax Stance On Waterways.” [10/16/05]

Miami Herald: “In Office Buildings Far From The Beaches Where Dead Sea Creatures Are Washing In, Gov. Jeb Bush’s Bureaucrats Are Making Changes On Paper That Reverberate To Our Coastline.” According to the Miami Herald, “Florida’s Department of Environmental Protection isn’t helping matters. In office buildings far from the beaches where dead sea creatures are washing in, Gov. Jeb Bush’s bureaucrats are making changes on paper that reverberate to our coastline. The trouble began in 1999 when the DEP removed hundreds of waterways from its official cleanup list. The state worked closely with polluting industries to craft the list, which included such notoriously polluted waterways as Taylor County’s black and smelly Fenholloway, the only Florida river ever officially set aside as an ‘industrial’ waterway. The DEP also wiped many waterways off the list that are clearly in need of help, including parts of Lake Okeechobee, the Everglades, Tampa Bay, Charlotte Harbor, Pensacola Bay, the Suwannee and St. Johns rivers and waters off the crowded southeast coast.” [Miami Herald, 10/16/05]

Criticism

Miami Herald Editorial: “Florida Has A Squalid Record Of Letting Special Interests Exploit And Contaminate Our Public Waterways, And The State Remains An Unfailingly Enthusiastic Partner In Such Pollution.” According to the Miami Herald, “Florida has a squalid record of letting special interests exploit and contaminate our public waterways, and the state remains an unfailingly enthusiastic partner in such pollution. Georgia-Pacific, which empties up to 36 million gallons of crap every day into a creek near Palatka, now has a permit to pipe its waste directly to the St. Johns River. Meanwhile, International Paper Co. in Pensacola has a green light to build an outfall pipe to wetlands along Perdido Bay.” [Editorial – Miami Herald, 10/9/05]

Miami Herald Editorial: “Georgia-Pacific, Which Empties Up To 36 Million Gallons Of Crap Every Day Into A Creek Near Palatka, Now Has A Permit To Pipe Its Waste Directly To The St. John’s River.” According to the Miami Herald, “Florida has a squalid record of letting special interests exploit and contaminate our public waterways, and the state remains an unfailingly enthusiastic partner in such pollution. Georgia-Pacific, which empties up to 36 million gallons of crap every day into a creek near Palatka, now has a permit to pipe its waste directly to the St. Johns River. Meanwhile, International Paper Co. in Pensacola has a green light to build an outfall pipe to wetlands along Perdido Bay.” [Editorial – Miami Herald, 10/9/05]

Miami Herald Editorial: “For These Upcoming Atrocities You Can Thank…Florida’s Assiduously Gutless Department Of Environmental Protection…The Rivers Will Go Black Before Any Bush Brother Notices.” According to the Miami Herald, “For these upcoming atrocities you can thank pro-industry stooges at the federal Environmental Protection Agency, and also Florida’s assiduously gutless Department of Environmental Protection (the former chief, David Struhs, left for a job at International Paper). The rivers will go black before any Bush brother notices.” [Editorial – Miami Herald, 10/9/05]

November 14, 2005: Koch Industries Announces Purchase of Georgia-Pacific

In November 2005 Koch Industries Agreed To Purchase Georgia-Pacific For $13.2 Billion And To Assume $7.8 Billion Of Its Debt. According to the Wall Street Journal, “Koch Industries Inc. agreed to purchase building-products and paper maker Georgia-Pacific Corp. for $13.2 billion, bringing the maker of Brawny paper towels and Dixie cups under the roof of what will become the nation’s largest private company by revenue. Under terms of the deal, Koch will make a $48 per share cash tender to Georgia-Pacific shareholders, a price 39% above where Georgia Pacific’s shares closed trading on Friday. Koch, based in Wichita, Kan., will also assume $7.8 billion of Georgia-Pacific debt outstanding.” [Wall Street Journal, 11/14/05]

After Purchasing GP, Koch Inherited Company’s Florida Lobbying Operations, Including Multiple Trade Associations and Lobbyists With Deep Ties to Jeb Bush’s Administration

Mercer Fearington Jr., Clark Smith, Mercer Fearington Sr., Foyt Ralston Represented GP, Florida Pulp & Paper Association In 2005. [Florida Legislature, Lobbying Registration, 2005]

Foyt Ralston Left Jeb Bush’s Administration as Chief Information Officer for State of Florida to Register As Lobbyist for GP, Florida Pulp and Paper Association, American Forest and Paper Association, In October 2005.

Foyt Ralston Left Jeb Bush’s Administration as Chief Information Officer for State of Florida to Register As Lobbyist for GP, Florida Pulp and Paper Association, American Forest and Paper Association, Treated Wood Council In October 2005. [Floridalobbyist.gov, accessed 3/10/15; LinkedIn, Foyt Ralston, 3/10/15]

Peyton Fearington – Mercer Fearington’s Mother – Worked For Gov. Bush, Exchanged Emails With Bush

Peyton Fearington Served As “One Of The Three Deputy Secretaries For The Department Of Business And Professional Regulation.” According to an email from Peyton Fearington to a constituent on September 4, 2001, “Dear Mr. Peace-Governor Bush has asked me to respond to your recent email regarding Stevens Bros. Funeral Home. I am one of the three Deputy Secretaries for the Department of Business and Professional Regulation, and directly work with the Division of Professions. There are several cases with Stevens Funeral Home for operating without a license. The Department is working to resolve these cases and gain compliance with licensure requirements. After these cases are resolved, then it is the function of the Board of Funeral Directors and Embalmers to determine whether a license should be issued. The next board meeting is scheduled for November 6-7, 2001 in Orlando, Florida. If I can be of further assistance please do not hesitate to contact me at (850) 921-7271. Thank you, Peyton C. Fearington, Deputy Secretary” [Peyton Fearington Email to Constituent, 9/4/01]

Gov. Jeb Bush Email To Peyton Fearington: “I Hope You Are Doing Well, Peyton. Long Time, No See.” According to an email from Gov. Jeb Bush to Peyton Fearington, “i hope you are doing well, Peyton. Long time, no see. Can you respond to Gerald Kisner? Jeb” [Gov. Jeb Bush Email to Peyton Fearington, 9/1/01]

Peyton Fearington Email To Jeb Bush: “I Have Decided I Need To Spend My Time At Becoming A Full-Time Grandmother. Mercer Has Caroline, Another On The Way, In About 2 Weeks.” According to an email from Peyton Fearington to Gov. Jeb Bush on October 31, 2001, “Governor-I wanted to thank you so much for the opportunity to work in your administration and for both Secretary Henderson and Secretary Binkley-Seyer. It has indeed been my honor and pleasure. I have decided that I need to spend my time at becoming a full-time grandmother. Mercer has Caroline, another on the way, in about 2 weeks and my daughter is expecting her first at the end of the month. I will be calling Karen in the next few weeks to offer any assistance in her office. Thank you again and best of luck.” [Peyton Fearington Email to Gov. Jeb Bush, 10/31/01]

• Gov. Bush’s Response: “Thank You Peyton. I Am Jealous! I Want To Be A Grandaddy!” According to an email from Gov. Jeb Bush to Peyton Fearington, “Thank you Peyton. I am jealous! I want to be a grandaddy!” [Gov. Jeb Bush Email to Peyton Fearington, 10/31/01]

Mercer Fearington, Sr. Was Longtime Florida Lobbyist; Clients Included Florida Pulp and Paper Association.

Mercer Fearington, Sr. Was Longtime Florida Lobbyist; Clients Included Florida Pulp and Paper Association. [Florida Legislature, Lobbying Registration, 2005]

Jim Smith’s Father, Clark Smith, Was Jeb Bush’s Former Appointed Secretary of State

Clark Smith Is The Son Of Jim Smith, Jeb Bush’s Former Secretary Of State. According to SaintPetersBlog, “Beside the financial aspects of the deal, it makes sense that Clark Smith is joining the firm where his father hangs his hat. Veteran lobbyist and former Secretary of State Jim Smith joined SSG in 2011 after splitting off from Ballard & Smith, the firm Brian Ballard and he started.” [SaintPetersBlog, 11/2/13]

In August 2002, Bush Appointed Jim Smith to Be Secretary Of State Before Elimination of Office in January 2003 Following Resignation of Katherine Harris. [Associated Press, 8/3/02]

Early December 2005: Just After Announcement of Koch’s Purchase, GP and A Controlled Trade Association Begin Filing Motions To Intervene In St. Johns River Case On Pollution Standards

August 18, 2004: St. Johns Riverkeeper, Linda Young Filed A Complaint Against The EPA, EPA Administrator Mike Leavitt, EPA Region 4, EPA Region Administrator Jimmy Palmer, And First Coast Manufacturer’s Association. According to PACER, St. Johns Riverkeeper et al v. Environmental Protection Agency et al was filed on August 18, 2004. [St. Johns Riverkeeper et al v. Environmental Protection Agency et al via PACER, accessed 3/9/15]

• Complaint Alleged The EPA Failed “To Ensure That The Lower St. Johns River Meets At Least The Minimum Standards Of Water Quality Required By The Federal Water Pollution Control Act.” According to St. Johns Riverkeeper et al v. Environmental Protection Agency et al, filed on August 18, 2004, “This case arises out of the United States Environmental Protection Agency’s (‘EPA’s’) violation of the Administrative Procedure Act (‘APA’) by its failure to ensure that the Lower St. Johns River meets at least the minimum standards of water quality required by the Federal Water Pollution Control Act (‘Clean Water Act’ or ‘CWA’).” [St. Johns Riverkeeper et al v. Environmental Protection Agency et al via PACER, 8/18/04]

• Complaint: Pollutants Including “Discharges From Industrial And Municipal Wastewater Treatment Plants… Lead To Nuisance Algal Blooms And Fish Kills” In The St. Johns River. According to St. Johns Riverkeeper et al v. Environmental Protection Agency et al, filed on August 18, 2004, “The St. Johns River—the longest river in Florida, and one of the few northerly flowing rivers in the Northern Hemisphere—is affected ever day by major pollution sources, including discharges from industrial and municipal wastewater treatment plants and runoff from urban and agricultural areas carrying fertilizers and nutrients into the River. These pollutants upset the delicate balance between nutrient levels and oxygen molecules dissolved in the water (‘dissolved oxygen’ or ‘DO’) necessary for a healthy river and lead to nuisance algal blooms and fish kills.” [St. Johns Riverkeeper et al v. Environmental Protection Agency et al via PACER, 8/18/04]

• Complaint: EPA “Violated” The Administrative Procedure Act By Approving A Total Maximum Daily Load For Dissolved Oxygen In River Discharges “That Cannot And Will Not Implement The Applicable Water Quality Standard.” According to St. Johns Riverkeeper et al v. Environmental Protection Agency et al, filed on August 18, 2004, “EPA violated the APA [Administrative Procedure Act] by approving a Total Maximum Daily Load (‘TMDL’) for DO [dissolved oxygen] in discharges to the Lower St. Johns River that cannot and will not implement the applicable water quality standard for DO.” [St. Johns Riverkeeper et al v. Environmental Protection Agency et al via PACER, 8/18/04]

• Complaint: “Approving Such A TMDL Is Arbitrary, Capricious, An Abuse Of Discretion, Or Otherwise Not In Accordance With Law… And Therefore Justifies The Declaratory And Injunctive Relief Sought Here.” According to St. Johns Riverkeeper et al v. Environmental Protection Agency et al, filed on August 18, 2004, “Approving such a TMDL is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, 5 U.S.C. § 706(2)(a), and therefore justifies the declaratory and injunctive relief sought here.” [St. Johns Riverkeeper et al v. Environmental Protection Agency et al via PACER, 8/18/04]

February 15, 2005: EPA Answered The Complaint Filed By Linda Young & St. Johns Riverkeeper. According to PACER, “ANSWER to complaint by Environmental Protection Agency, Michael Leavitt, Environmental Protection Agency Region 4, Jimmy Palmer” was filed on February 15, 2005. [St. Johns Riverkeeper et al v. Environmental Protection Agency et al via PACER, accessed 3/9/15]

December 2, 2005: Georgia-Pacific Filed Motion To Intervene With Florida Pulp And Paper Association Environmental Affairs And Smurtif-Stone Container Enterprises, Inc. According to PACER, “MOTION to intervene by Florida Pulp and Paper Association Environmental Affairs, Georgia-Pacific Corporation, Smurtif-Stone Container Enterprises, Inc.. (Cole, Terry) Modified on 12/5/2005, counsel directed to refile with correct signature (LRB)” was filed on December 2, 2005, and refiled on December 5, 2005. [St. Johns Riverkeeper et al v. Environmental Protection Agency et al via PACER, accessed 3/9/15]

GP’s Motion To Intervene: “GP… Would Be Substantially, Directly, And Adversely Affected By The [Declaratory and Injunctive] Relief Sought By Plaintiffs.” According to a motion to intervene in St. Johns Riverkeeper et al v. Environmental Protection Agency et al filed by Georgia-Pacific and other industry groups, “FLORIDA PULP & PAPER ASSOCIATION ENVIRONMENTAL AFFAIRS, INC., (hereinafter “FPPAEA”), SMURFIT-STONE CONTAINER ENTERPRISES, INC. (hereinafter “SSCC”), AND GEORGIA-PACIFIC CORP. (hereinafter “GP”), pursuant to Fed. R. Civ. P. 24 and Local Rule 3.01, hereby move to intervene as defendants in the above-captioned case, in order to protect and represent their interests directly at issue in this case, on the ground that FPPAEA, as well as SSCC and GP, who are members of the FPPAEA, would be substantially, directly, and adversely affected by the relief sought by Plaintiffs, and as such, FPPAEA, SSCC and GP have defenses to Plaintiffs’ claims presenting both questions of law and of fact which are common to the main action, and states:” [Motion to Intervene via PACER, 12/2/05]

GP And Other Industry Groups Filed An Affirmative Defense That Read In Part “The Association Intervenors Admit That Portions Of The St. Johns River Have Been Listed As Impaired For Nutrients.” According to an affirmative defense filed in St. Johns Riverkeeper et al v. Environmental Protection Agency et al filed by Georgia-Pacific and other industry groups, “In response to the allegations of paragraph 34, the Association Intervenors admit that portions of the St. Johns River have been listed as impaired for nutrients. The Association Intervenors deny the remaining allegations of paragraph 34 and specifically deny that the waters in question are listed as impaired, or are actually impaired, for dissolved oxygen.” [Association Intervenors Affirmative Defense via PACER, 12/2/05]

GP And Other Industry Groups’ Affirmative Defense: “The Association Intervenors… Specifically Deny That The Waters In Question Are Listed As Impaired, Or Are Actually Impaired, For Dissolved Oxygen.” According to an affirmative defense filed in St. Johns Riverkeeper et al v. Environmental Protection Agency et al filed by Georgia-Pacific and other industry groups, “In response to the allegations of paragraph 34, the Association Intervenors admit that portions of the St. Johns River have been listed as impaired for nutrients. The Association Intervenors deny the remaining allegations of paragraph 34 and specifically deny that the waters in question are listed as impaired, or are actually impaired, for dissolved oxygen.” [Association Intervenors Affirmative Defense via PACER, 12/2/05]

• GP And Other Industry Groups Motion To Intervene: “Plaintiffs Are Barred, Under Res Judicata, From Alleging That The Water Bodies In Question Are Impaired For Florida’s Dissolved Oxygen Criterion.” According to a motion to intervene in St. Johns Riverkeeper et al v. Environmental Protection Agency et al filed by Georgia-Pacific and other industry groups, “Plaintiffs are barred, under res judicata, from alleging that the water bodies in question are impaired for Florida’s dissolved oxygen criterion as those waters have not been determined to be so impaired.” [Motion to Intervene via PACER, 12/5/05]

GP And Other Industry Groups Motion To Intervene: The “Complaint Does Not Allege Circumstances That Would Warrant The Conclusion That EPA’s Action Is Resulting In An Immediate Public Injury.” According to a motion to intervene in St. Johns Riverkeeper et al v. Environmental Protection Agency et al filed by Georgia-Pacific and other industry groups, “FLORIDA PULP & PAPER ASSOCIATION ENVIRONMENTAL AFFAIRS, INC., (Hereinafter ‘FPPAEA’), A Florida Corporation, SMURFITSTONE CONTAINER ENTERPRISES, INC. (Hereinafter “SSCC”), A Delaware Corporation, And GEORGIA-PACIFIC CORPORATION (Hereinafter ‘GP’), A Georgia Corporation, Under Rules 5(A) And 24(C), Federal Rules Of Civil Procedure (Collectively, ‘Association Intervenors’), Having Moved To Intervene Under Rule 24, Submit This Their Answer And Affirmative Defenses To The Complaint: […]The complaint fails to state a cause of action for an injunction. Among other things, the Complaint does not allege circumstances which would warrant the conclusion that EPA’s action is resulting in an immediate public injury which can only be averted by the issuance of an injunction.” [Motion to Intervene via PACER, 12/5/05]

GP And Other Industry Groups Motion To Intervene: “The Evidence Elicited To Date In This Proceeding Has Failed To Demonstrate The Existence Of Any Threat Of Public Injury As The Result Of Actions Or Inactions By EPA.”  According to a motion to intervene in St. Johns Riverkeeper et al v. Environmental Protection Agency et al filed by Georgia-Pacific and other industry groups, “The evidence elicited to date in this proceeding has failed to demonstrate the existence of any threat of public injury as the result of actions or inactions by EPA.” [Motion to Intervene via PACER, 12/5/05]

GP And Other Industry Groups Motion To Intervene: ‘FPPAEA, SSCC, And GP Demand Judgment In Their Favor, Denying The Relief Sought By Plaintiffs, Costs, And Such Other And Further Relief Deemed Just And Proper.” According to a motion to intervene in St. Johns Riverkeeper et al v. Environmental Protection Agency et al filed by Georgia-Pacific and other industry groups, “WHEREFORE, having fully answered, FPPAEA, SSCC, and GP demand judgment in their favor, denying the relief sought by Plaintiffs, costs, and such other and further relief deemed just and proper.” [Motion to Intervene via PACER, 12/5/05]

GP And Other Industry Groups Motion To Intervene: “The Plaintiffs Have Not Plead Any Legal Basis For The Court To Prohibit ‘New Or Expanded Discharges.’” According to a motion to intervene in St. Johns Riverkeeper et al v. Environmental Protection Agency et al filed by Georgia-Pacific and other industry groups, “The injunctive relief sought by the Plaintiffs is overly broad, and the Plaintiffs have not plead any legal basis for the Court to prohibit ‘new or expanded discharges.’” [Motion to Intervene via PACER, 12/5/05]

Association Intervenors: GP Has “Been Issued Permits To Discharge To The LSJR Which Are Essential To The Operation Of Their Paper Mills, And The Outcome Of This Litigation Could Have A Substantial Adverse Effect On These Discharge Permits And, Consequently, On Operation Of These Mills.” According to a memorandum of law filed in support of a motion to intervene, “FPPAEA contends that it can establish standing to participate in this case to represent the interests of its member mills. Simply put, its members, particularly SSCC and GP, have been issued permits to discharge to the LSJR which are essential to the operation of their paper mills, and the outcome of this litigation could have a substantial adverse effect on these discharge permits and, consequently, on operation of these mills.” [Memorandum of Law in Support of Motion To Intervene via PACER, 12/5/05]

Association Intervenors: “If Plaintiffs Obtain The Relief That They Seek In Their Complaint,” GP Could Be Held To Standards On Runoff “More Restrictive Than Required By Law,” Which Would “Substantially” Increase “Costs Of Compliance.” According to a memorandum of law filed in support of a motion to intervene, “If Plaintiffs obtain the relief that they seek in their Complaint, FPPAEA members which discharge into the St. Johns River, particularly SSCC and GP, could be held to standards and effluent limitations more stringent than those that currently apply in their NPDES permits, and perhaps more restrictive than required by law, thereby unnecessarily substantially increasing their costs of compliance. These stricter standards could be applied to the detriment of the mills even though they may be due to point or non point sources of pollution other than the mills or to natural conditions in the receiving waters. FPPAEA, SSCC, and GP seek to intervene in this action to protect the interests threatened by the establishment of TMDLs affecting pulp and paper industry members and the SSCC and GP mills that discharge into the LSJR in particular.” [Memorandum of Law in Support of Motion To Intervene via PACER, 12/5/05]

Association Intervenors: “These Stricter Standards Could Be Applied… Even Though They May Be Due To… Sources Of Pollution Other Than The Mills Or To Natural Conditions In The Receiving Waters.” According to a memorandum of law filed in support of a motion to intervene, “If Plaintiffs obtain the relief that they seek in their Complaint, FPPAEA members which discharge into the St. Johns River, particularly SSCC and GP, could be held to standards and effluent limitations more stringent than those that currently apply in their NPDES permits, and perhaps more restrictive than required by law, thereby unnecessarily substantially increasing their costs of compliance. These stricter standards could be applied to the detriment of the mills even though they may be due to point or non point sources of pollution other than the mills or to natural conditions in the receiving waters. FPPAEA, SSCC, and GP seek to intervene in this action to protect the interests threatened by the establishment of TMDLs affecting pulp and paper industry members and the SSCC and GP mills that discharge into the LSJR in particular.” [Memorandum of Law in Support of Motion To Intervene via PACER, 12/5/05]

The EPA Neither Supported Nor Opposed The Motion To Intervene By GP And Other “Dischargers.” According to the Defendants’ Non-Opposition to All Motions to Intervene, “The Florida Pulp & Paper Association, Smurfit-Stone Container Enterprises, Inc., Georgia Pacific Corp., Clay County Utility Authority, First Coast Manufacturer’s Association (“FCMA”), and Jacksonville Electric Authority (“JEA”) (collectively, “the Dischargers”) seek leave to intervene in this litigation pursuant to Rules 24(a) and 24(b) of the Federal Rules of Civil Procedure (“FRCP”). See Docs. 50-57, 59-60, 64. The above-captioned defendants (collectively “EPA”) neither support nor oppose the Dischargers’ intervention. Rather, EPA respectfully requests that, should the Court grant such intervention, it be limited solely to the remaining issues in the litigation.” [Defendants’ Non-Opposition to All Motions to Intervene, 12/20/05]

Late December 2005: Jeb Bush And His Appointees Worked In Tandem With GP and George W. Bush’s EPA to Gut Pollution Standards After Koch Purchased GP

December 16, 2005: After Koch Purchase of GP Is Announced, DEP Announced Proposal of Rule Development for Dissolved Oxygen In Lower St. John’s River.

The Date The Public Was Notified That A Rule Change Was Being Developed Was December 16, 2005. According to an official notice from the Florida Department of Environmental Protection, “DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED: December 16, 2005.” [Florida DEP Notice, 4/28/06]

DEP Announced A “Notice Of Proposed Rule Development” On “The Appropriateness Of Establishing Site Specific Alternative Criteria For Dissolved Oxygen” In The St. Johns River. According to an official notice from the Florida Department of Environmental Protection, “Florida’s surface water quality standards authorize the Department of Environmental Protection to establish site specific alternative criteria in accordance with rule 62-302.800, F.A.C. Site specific alternative criteria may be established in locations where site-specific water quality criteria are more appropriate for the water body. The Department, in consultation with other State and Federal agencies, has evaluated the appropriateness of establishing site specific alternative criteria for dissolved oxygen in the marine portion of the lower St. Johns River in Duval, Clay, and St. Johns Counties. Establishment of site specific alternative criteria for dissolved oxygen in the marine portion of the lower St. Johns River must protect the designated use of the water body.” [Florida DEP Notice, 12/16/05]

December 21, 2005: GP and Florida Pulp and Paper Association Filing Attacked Previous EPA Science

GP And Industry Groups’ Supplemental Filing: “If EPA’s Rescission Was Not Based On A Proper Scientific Foundation…This Action Will Reach An Incorrect Conclusion.” According to a supplemental filing by the movant intervenors FPPAEA, Smurfit Stone Container Enterprises, Inc., and Georgia Pacific Corp, “If EPA’s rescission was not based on a proper scientific foundation, was procedurally defective or otherwise in contravention of the elaborate mechanism of the Clean Water Act, this action will reach an incorrect conclusion.” [Supplemental Filing via PACER, 12/21/05]

GP And Industry Groups’ Supplemental Filing: “EPA’s Modeling Runs Which May Have Persuaded It To Abandon Its Original Approval Of The TDML Was Based On Faulty Data Inputs And Incorrect Assumptions.” According to a supplemental filing by the movant intervenors FPPAEA, Smurfit Stone Container Enterprises, Inc., and Georgia Pacific Corp, “Upon information and belief, the movant intervenor FPPAEA, believes: A) EPA’s modeling runs which may have persuaded it to abandon its original approval of the TDML was based on faulty data inputs and incorrect assumptions.” [Supplemental Filing via PACER, 12/21/05]

GP And Industry Groups’ Supplemental Filing: “Instead Of Acting In A Unilateral Fashion, EPA Should Have Instructed The Florida DEP…To Consider Revisions To These Standards According To New Findings And Data.” According to a supplemental filing by the movant intervenors FPPAEA, Smurfit Stone Container Enterprises, Inc., and Georgia Pacific Corp, “Instead of acting in a unilateral fashion, EPA should have instructed the Florida DEP, under its approved ‘continuing planning process’ to consider revisions to these standards according to new findings and data. By acting as it did, EPA short-circuited the statutory planning process and took action in a manner which did not permit public input.” [Supplemental Filing via PACER, 12/21/05]

December 26, 2005: A St. Petersburg Times Review Found That Jeb Bush’s DEP Was Consistently “Failing To Protect The Environment From Water Pollution.”

A St. Petersburg Times Review Found That Jeb Bush’s DEP Was Consistently “Failing To Protect The Environment From Water Pollution,” Which A Bush Spokesman Denied. According to the St. Petersburg Times, “State officials dispute that suggestion, but a St. Petersburg Times examination has found that when the state reviews proposals for building on wetlands, it fails to protect against serious water pollution. The Times found that: + The state’s permitting rules for wiping out wetlands do not require developers to filter out the most common pollutant hurting its waterways. + The areas of the state suffering from water pollution problems have also lost the most wetlands to urban development. + State law discourages regulators from calculating the cumulative toll of issuing thousands of wetland permits every year. One result: toxic algae blooms like the one that turned miles of the St. Johns River a soupy green this summer. The stench left Jacksonville residents coughing for months. A spokesman for Gov. Jeb Bush disputes that his appointees are failing to protect the environment from water pollution. ‘Under Gov. Bush, Florida’s wetlands and waterways are receiving better protection than ever before,’ senior press secretary Russell Schweiss said.” [St. Petersburg Times, 12/26/05]

Florida State Officials Said In December 2005 That The St. Johns River Was Unable To Absorb Any More Nutrient Pollution. According to the St. Petersburg Times, “So much nutrient pollution has been dumped into the St. Johns River that the river can’t absorb any more, state officials say.” [St. Petersburg Times, 12/26/05]

St. Petersburg Times: “Soon The Slimy Blue-Green Algae Was Everywhere. It Clogged The River For Miles, Causing Coughing, Sneezing And Skin Irritations.” According to the St. Petersburg Times, “The green goop first showed up in the St. Johns River in July. ‘Then it just exploded,’ said Neil Armingeon of the environmental watchdog group St. Johns Riverkeeper. Soon the slimy blue-green algae was everywhere. It clogged the river for miles, causing coughing, sneezing and skin irritations. The cause: excessive nutrients, the product of fertilizer-laden stormwater runoff from yards, golf courses, shopping center landscaping and farms. So much nutrient pollution has been dumped into the St. Johns River that the river can’t absorb any more, state officials say.” [St. Petersburg Times, 12/26/05]

Criticism

Opinion Headline: “Pollution Of The St. Johns River Can’t Be Ignored.” [Ronald Littlepage – Florida Times-Union, 12/4/05]

Florida Times-Union Columnist Ronald Littlepage: “Manufacturers Also Have Jumped Into The Fray, Threatening To Sue.” According to an opinion by columnist Ronald Littlepage in the Florida Times-Union, “A representative of the Northeast Florida Builders Association, Neil Aikenhead, went so far in another e-mail as to make the ridiculous accusation that the higher standard ‘would be a crime against the environment’ and that ‘this crime would be perpetrated by the St. Johns Riverkeeper, who while claiming to be working for the river, is in fact knowingly doing the precise opposite.’ Please. Give me a break. Manufacturers also have jumped into the fray, threatening to sue.” [Ronald Littlepage – Florida Times-Union, 12/4/05]

Littlepage: “The People Who Have Polluted” The St. Johns River “For Years – The Utilities, Industries, Developers, All Of Us – Need To Pony Up To Pay The Bill. A Healthy St. Johns River Is Worth The Cost.” According to an opinion by columnist Ronald Littlepage in the Florida Times-Union, “The people who have polluted it for years — the utilities, industries, developers, all of us — need to pony up to pay the bill. A healthy St. Johns River is worth the cost.” [Ronald Littlepage – Florida Times-Union, 12/16/05]

Littlepage: The Florida DEP’s Plan For The St. John’s River Would Have Required Removal Of 22 Percent Of Nutrients, But The EPA Rules Would Require 60 Percent Removal. According to an opinion by columnist Ronald Littlepage in the Florida Times-Union, “Those putting the pollution into the river favor standards developed over three years by a stakeholders group and backed by the Florida Department of Environmental Protection. They argue the science behind the DEP standards is good. The Riverkeeper organization and the Clean Water Network don’t agree. They say more nutrients need to be removed from the river and they filed suit in federal court. That led the U.S. Environmental Protection Administration to begin preparing tougher standards. The differences between the two are huge. To meet the DEP’s standards, 22 percent of the nutrients would have to be removed from the part of the river that flows through Jacksonville. The EPA rules would require that 60 percent be removed.” [Ronald Littlepage – Florida Times-Union, 12/16/05]

Littlepage: “The DEP Has Been Known To Let Politics Trump Science, The Stakeholders Group Was Weighted Heavily Towards The Polluters.” According to an opinion by columnist Ronald Littlepage in the Florida Times-Union, “The DEP has been known to let politics trump science, the stakeholders group was weighted heavily toward the polluters and most of those pushing the lower standards would take a big hit in their pocketbooks if the higher standards are used. Because of that, the best answer would be an independent peer review of the modeling and science behind the DEP standards.” [Ronald Littlepage – Florida Times-Union, 12/16/05]

January 2006: Bush’s DepArtment of Environmental Protection Proposed Gutting Water Standards, Benefiting GP Plant Days After Bush Received Invitation to Attend Secret Koch ConferenceFrom George W. Bush’s White House Political Director

January 17, 2006: Bush Received Email From Matt Schlapp, George W. Bush’s White House Political Director From 2001-2005 Extending Invitation from Charles Koch to Attend Koch-Sponsored Conference

Matt Schlapp Of Koch Industries Personally Invited Gov. Jeb Bush On Behalf of Charles Koch to a Koch Conference On January 17, 2006. According to an email from Matt Schlapp of Koch Industries to Jeb Bush on January 17, 2006, “Subject: Koch Industries Governor Bush, Sorry to bother you with a request that is so timely, but the Chairman of Koch Industries, Charles Koch, would love for you to be his guest at this conference. Following all ethical guidelines, we can discuss transportation, lodging, etc. I will follow up with your assistant to see if this may be possible. Sincerely, Matt Schlapp Executive Director Federal Government Affairs Koch Industries, Inc. 655 15th Street, NW Washington, DC 20005.” [Matt Schlapp Email to Jeb Bush, 1/17/06]

• “From 2001 To 2005,” Matt Schlapp Served As President Bush’s Political Director For His Re-Election Campaign, ‘Schlapp Left The White House To Run The Washington, DC Offices Of Koch Industries.” According to a biography of Matt Schlapp from the American Conservative Union, “On June 19, 2014 the board of the American Conservative Union unanimously voted to elect Matt Schlapp as the ninth Chairman of the nation’s oldest and largest conservative grassroots organization. From 2001 to 2005, Schlapp served as President Bush’s political director during the re-election and previously as his deputy political director. During the 2000 presidential campaign he was a Regional Political Director with oversight of Missouri, Arkansas, Iowa, Wisconsin, Minnesota, Kansas, and Oklahoma. Schlapp left the White House to run the Washington, DC offices of Koch Industries, a company headquartered in his hometown and known for their philanthropy to free market causes.” [American Conservative Union, accessed 2/24/15]

The Summit Was Held January 29-31, 2006 In Palm Springs, California And Focused On “Large, Fundamental Issues Such As Legal Reform, Education Reform, And The Burden Of Government On The Economy.” According to an email from Matt Schlapp of Koch Industries to Jeb Bush on January 17, 2006, “Dear Governor Bush, I would like to explore with you the possibility of you speaking at a seminar for the nation’s top business and philanthropic leaders. As you may know, I have been working at Koch Industries since last year, and these seminars are one of the many interesting projects directed by Charles Koch, the company’s Chairman. The seminar is January 29-31, 2006, in Palm Springs, California. The goal of these seminars is for the participants to address large, fundamental issues such as legal reform, education reform, and the burden of government on the economy. These seminars are designed to offer cutting edge information – and solutions. The combination of renowned speakers and strongly motivated participants produces a dynamic environment that inspires creative approaches to advancing a free society. We now gather over 130 major business and philanthropic leaders, thus creating a unique network of doers.” [Matt Schlapp Email to Jeb Bush, 1/17/06]

Gov. Jeb Bush Responded To Schlapp’s Invitation: “I Will Check Matt But It Might Be Difficult. It Is Good Hearing From You.” According to an email from Gov. Jeb Bush to Matt Schlapp of Koch Industries on January 17, 2006, “I will check Matt but it might be difficult. It is good hearing from you. Jeb.” [Jeb Bush Email to Matt Schlapp, 1/17/06]

January 20, 2006: DEP Held A Public Workshop On St. Johns, Proposed “Less Restrictive” Standards Then had Been In Place

DEP’s Proposed Standards Were Actually “Less Restrictive” Than The Then-Current Standards. According to the Florida Times-Union, “With this context, the state Department of Environmental Protection has announced a new standard for the lower St. Johns River and its tributaries in Duval, Clay and St. Johns counties. The proposed rule would set a 30-day average standard of 4.8 milligrams per liter of dissolved oxygen. This is actually a less restrictive standard than the current 5 milligrams per liter.” [Florida Times-Union, 1/22/06]

DEP Held A Public Workshop On January 20, 2006 Regarding The Proposed Change. According to an official notice from the Florida Department of Environmental Protection, “The Department of Environmental Protection announces a public workshop to which all persons are invited: DATE AND TIME: January 20, 2006 (Friday), 9:00 a.m. to finish […] PURPOSE: To receive oral and written public comments on the Department’s proposed rule that, if adopted, would establish site specific alternative criteria for dissolved oxygen in the marine portions of the lower St. Johns River and its tributaries in Duval, Clay, and St. Johns Counties.” [Florida DEP Notice, 1/6/06]

Florida DEP Claimed The “Proposed Site Specific Alternative Criteria Will Protect The Class III Designated Use Of These Waters.” According to an official notice from the Florida Department of Environmental Protection, “Based upon this evaluation, the Department has developed a proposed rule which, if adopted, would establish site specific alternative criteria for dissolved oxygen in the marine portions of the lower St. Johns River and its tributaries between Julington Creek and the river mouth. The proposed site specific alternative criteria will protect the Class III designated use of these waters.” [Florida DEP Notice, 1/6/06]

January 22, 2006: Bush Receives Email Update About Setback In St. Johns EPA Case

Bush Staffer Deirdre Finn Forwarded Gov. Jeb Bush An Email Informing Him Of EPA’s Decision Not To Ask For A Delay In Implementing The Judge’s Orders To Form A New Total Maximum Daily Load for Pollutants. According to an email from Deirdre Finn to Gov. Jeb Bush on January 22, 2006, “Governor, EPA will not ask the judge for a delay in issuing the TMDL for the Lower St. Johns River.  They will move forward on Monday.  Judge denied a request from JEA to postpone the deadline, but he did encourage parties to mediate. Thanks, Deirdre —–Original Message—– From: Reppen, Deena [mailto:Deena.Reppen@dep.state.fl.us] Sent: Friday, January 20, 2006 1:52 PM To: Finn, Deirdre Subject: FW: Lower St. John’s —-Original Message—– From: Munson, Greg Sent: Friday, January 20, 2006 1:29 PM To: Reppen, Deena; Sole, Michael; Brooks, Jerry; Mosteller, Cragin; FL_DEP Subject: Lower St. John’s The Judge presiding over the Lower St. John’s TMDL litigation denied JEA’s request to postpone the deadline for EPA to promulgate, meaning EPA will promulgate on monday.  He also invited DEP to attend the 2/14 hearing and file a brief as amicus laying out our position on the issues before the Court.  He encouraged the parties to mediate, noting the complexity of the matters before him.  –Greg” [Deirdre Finn Email to Gov. Jeb Bush, 1/22/06]

January 23, 2006: EPA Responded to Judge’s Ruling By Being Forced to Establish Stronger Pollution Standard, But Effectively Advertises Florida’s Ability to Create Loophole for Standard In Public Notice Document

The EPA Rescinded Its Approval And Established A New TMDL On January 23, 2006. According to the Florida Department of Environmental Protection’s TMDL Report, “Florida originally adopted a nutrient TMDL for the LSJR on December 3, 2003 (Rule 62- 304.415, F.A.C.), and formally submitted it to the U.S. Environmental Protection Agency (EPA) Region 4 on March 15, 2004. While the EPA initially approved the TMDL on April 27, 2004, the agency was challenged on the basis that the Class III marine daily average DO criterion would not be met at all times under the TMDL. EPA therefore rescinded its April 27, 2004 approval, and subsequently established a nutrient TMDL for the Lower St. Johns River that would meet the DO criteria on January 23, 2006.” [Florida Department of Environmental Protection, TMDL Report: Total Maximum Load for Nutrients for the Lower St. Johns River, 6/08]

The EPA Specifically Mentioned Florida’s Concurrent Development of Other Standards That the EPA Could Then

Approve. At the time EPA disapproved the state’s TMDL, it recognized that (1) the TMDL for the marine portion of the river was based on meeting DO levels that were protective of aquatic life use support as an indirect way to evaluate the state’s narrative nutrient criterion (i.e., shall not cause an imbalance in flora or fauna); (2) the appropriate DO levels were based on an EPA methodology for the development of DO criteria; and (3) the state intended to develop a site specific alternative criterion (SSAC) based on the EPA methodology. This acknowledgment was specifically mentioned in the introduction to the EPA TMDL document, which stated: EPA is aware that FDEP is continuing to pursue development of a site specific criterion for dissolved oxygen for the River that would be both protective of aquatic life and consistent with the previously submitted TMDL. While EPA’s disapproval action triggers EPA’s duty to establish a replacement TMDL, EPA recognizes that the FDEP TMDL could be considered for approval in the future should the State adopt and EPA approve a site specific criterion.

January 23-January 27: GP Rehired Previous GP Lobbyists In Florida, Including Recent, High Level Bush Administration Official Foyt Ralston

2006: Mercer Fearington Jr., Clark Smith, and Very Recent Bush Administration Official Foyt Ralston Were All Registered Lobbyists for Georgia Pacific, Florida Pulp and Paper Association, American Forest and Paper Association, Treated Wood Council. [Florida Legislature, Lobbying Registration, 2006]

Myra Carpenter, Charles Hood, Also Represented Georgia-Pacific Corporation In 2006. [Floridalobbyist.gov, accessed 1/30/15]

February 2006: Koch-Backed ALEC and State Policy Network Affiliate In Washington State Attempted to Offer Invitation to Annual Banquet, Grant Bush An Award

The Washington Policy Center Emailed Gov. Jeb Bush To Invite Him To A Dinner To Award Him The Annual Columbia Award; The James Madison Institute Was CCed On The Email. According to an email from Daniel Mead Smith to Gov. Jeb Bush on February 16, 2006, “Washington Policy Center would like to recognize your strong leadership and commitment to free-market and conservative principles with our 2006 Columbia Award. The presentation of this annual award will take place at our Annual Dinner held in your honor in Seattle. The Dinner, which draws our supporters, our state’s business and community leaders, and elected officials, is scheduled for this fall, and would be designed around your schedule.” [Daniel Mead Smith Email to Gov. Jeb Bush, 2/16/06]

Smith: “You May Be Familiar With Our Organization Through Your Association With The James Madison Institute In Florida, Which Is A Fellow State Policy Network Member.” According to an email from Daniel Mead Smith to Gov. Jeb Bush on February 16, 2006, “You may be familiar with our organization through your association with the James Madison Institute in Florida, which is a fellow State Policy Network member. We work on similar issues and our founder, John Carlson, started our organization at about the same time Stan Marshall started the James Madison Institute.” [Daniel Mead Smith Email to Gov. Jeb Bush, 2/16/06]

• Bush Response, CCed to JMI: “Thank You. I Will Look Into Whether Or Not I Can Make It. I Am Honored That You Have Considered Me With Such An Honor.” According to an email from Gov. Jeb Bush to Daniel Mead Smith on February 16, 2006, “thank you. I will look into whether I can make it. I am honored that you have considered me with such an honor. Jeb” [Gov. Jeb Bush Email to Daniel Mead Smith, 2/16/06]

February 2006: St. Petersburg Times Reveals That Georgia-Pacific Cut Off Funding For Study That Palatka Mill Had On Rice Creek and St. John’s River ; The Report, Finished With Personal Funds of Scientist Conducting It, Found That Paper Mill Pollution HelpED “Increase The St. Johns’ Toxic Algae Blooms.”

Georgia-Pacific “Cut Off Funding” For A Scientist’s Study On The Impact Of A Palatka Paper Mill On Rice Creek And St. Johns River After His Research Blamed The Mill For Pollution. According to the St. Petersburg Times, “Robert ‘Skip’ Livingston peered down at his murky reflection in the Fenholloway River. Pollution from the nearby Buckeye pulp mill had turned the river as dark as midnight and tainted it with a sulfurous stench. ‘Just passing by, if you didn’t know about it, it would be hard to tell that it’s polluted,’ the recently retired Florida State University professor said. ‘You can smell it, though.’ Livingston, 68, has been studying the Fenholloway for 35 years, longer than any other scientist. Because his research was financed by Buckeye, environmental groups often dismissed his work. […] He spent a year studying the impact a Palatka mill owned by Georgia-Pacific has had on Rice Creek and the nearby St. Johns River – but then the company cut off funding for further studies. […]So, Livingston says, he spent $82,000 of his own money to finish his report, which blamed paper mill pollution for helping increase the St. Johns’ toxic algae blooms.” [St. Petersburg Times via LexisNexis, 2/20/06]

Georgia Pacific Spokeswoman Called Cutting Funding For The Study “A Business Decision.” According to the St. Petersburg Times, “He [Robert ‘Skip’ Livingston] spent a year studying the impact a Palatka mill owned by Georgia-Pacific has had on Rice Creek and the nearby St. Johns River – but then the company cut off funding for further studies. A company spokeswoman called it ‘a business decision.’” [St. Petersburg Times via LexisNexis, 2/20/06]

Robert “Skip” Livingston Spent $82,000 Of His Own Money To Finish His Report, Which Blamed Paper Mill Pollution For “Helping Increase” Toxic Algae Blooms In St. Johns’ River. According to the St. Petersburg Times, “So,[Robert ‘Skip’] Livingston says, he spent $82,000 of his own money to finish his report, which blamed paper mill pollution for helping increase the St. Johns’ toxic algae blooms.” [St. Petersburg Times via LexisNexis, 2/20/06]

• For 35 Years, Livingston’s Research Was Mainly Funded By Paper Mills And His Work Was “Often Dismissed” By Environmental Groups In The Past. According to the St. Petersburg Times, “Livingston, 68, has been studying the Fenholloway for 35 years, longer than any other scientist. Because his research was financed by Buckeye, environmental groups often dismissed his work. […] By the 1990s, Buckeye and other mills were his main funding source. In 35 years the industry has spent $11-million on his work. Livingston says taking the paper mill money was the only way to keep his studies going for so long.” [St. Petersburg Times via LexisNexis, 2/20/06]

Georgia-Pacific “Reimbursed Some Of Livingston’s Expenses, But The Company Told State Officials His Findings Were ‘Inappropriate’ And ‘Irrelevant.’” According to the St. Petersburg Times, “Georgia-Pacific reimbursed some of his [Robert ‘Skip’ Livingston’s] expenses, but the company told state officials his findings were ‘inappropriate’ and ‘irrelevant.’” [St. Petersburg Times via LexisNexis, 2/20/06]

Linda Young Of The Clean Water Network Stated The Permit The State Issued For Georgia-Pacific To Dump Waste In Rice Creek “Appears To Ignore Livingston’s Research.” According to the St. Petersburg Times, “[Linda] Young of the Clean Water Network says the permit the state issued for Georgia-Pacific to dump waste in Rice Creek appears to ignore [Robert ‘Skip’] Livingston’s research.” [St. Petersburg Times via LexisNexis, 2/20/06]

March 1, 2006: Jeb Bush Met With St. Johns River Water Management District To “Discuss And Consider Water Management District Issues”

The St. Johns River Water Management District Met With Gov. Jeb Bush “To Discuss And Consider Water Management District Issues Including Regulatory And Non-Regulatory Matters” On March 1, 2006. According to Florida Administrative Weekly, “The St. Johns River Water Management District announces a public meeting to which all interested parties are invited: DATE AND TIME: Wednesday, March 1, 2006, 1:00 p.m. – 5:00 p.m. PLACE: Cabinet Room, Lower Level, The Capitol, Tallahassee, FL 32399-0001 GENERAL SUBJECT MATTER TO BE CONSIDERED: Governing Boards of all Florida Water Management Districts will meet with Governor Bush and DEP Secretary Castille to discuss and consider water management district issues including regulatory and non-regulatory matters. A copy of the agenda may be obtained at: St. Johns River Water Management District, Attention: Ann Freeman, Executive Office, 4049 Reid Street, Palatka, FL 32177; (386)329-4101. All or part of this meeting may be conducted as a teleconference in order to permit maximum participation of Governing Board members” [Florida Administrative Weekly, 2/17/06]

Opinion Headline: “Environmental Agency Letting Polluters Set The Rules.” [Linda Young – Bradenton Herald, 2/17/06]

Director Of Clean Water Network Of Florida Linda Young: “DEP Is Working Alongside Polluters,” It Proposed Lower Standards For Dissolved Oxygen In “Places Where Waters Are Already Polluted,” Including St. Johns River. According to an opinion by Linda Young, director of Clean Water Network of Florida, in the Bradenton Herald, “It’s gotten so bad that scientists are having to remind DEP that fish can’t survive in low oxygen. But DEP is working alongside polluters, proposing lower standards for dissolved oxygen in three places where waters are already polluted: the Hillsborough River, St. John’s River, and the state’s dirtiest, the Fenholloway in Taylor County.” [Linda Young – Bradenton Herald, 2/17/06]

Young: “DEP Should Be Leading The Charge To Stop Polluters. Instead They Are Trying To Give Industry Yet Another Break.” According to an opinion by Linda Young, director of Clean Water Network of Florida, in the Bradenton Herald, “DEP should be leading the charge to stop polluters. Instead, they are trying to give industry yet another break. How much more do they think our waters can stand?” [Linda Young – Bradenton Herald, 2/17/06]

April 2006: Jeb Bush’s Department of Environmental Protection Originated and Approved Proposed Rule Change to Gut Protections Against Pollution from Palatka Plant Into St. John’s River; Rule Received Final Approval From Agency Head At Florida Department of Environmental Protection

In 2006, Florida State Officials Tried To Ease Restrictions On How Much Pollution Is Allowed In “One Of The State’s Dirtiest Rivers,” According to the Sarasota Herald-Tribune, “Lined by nearly three dozen water treatment plants, development and a pulp mill, the Lower St. Johns River in Jacksonville is one of the state’s dirtiest rivers. But instead of cleaning up the river as required by the federal Clean Water Act, state officials are seeking to get around it by easing restrictions on how much pollution is allowed. […]State officials say relaxing the standards would save taxpayers and businesses hundreds of millions of dollars while maintaining the integrity of the state’s waters. Environmentalists say it’s just another example of the state kowtowing to industry at the expense of the environment, resulting in more red tides, algal blooms and the continuing decay of the state’s rivers and estuaries. […]And it is in the northern third, the Lower St. Johns, that pollution pours from 33 sewage treatment plants, the Georgia Pacific paper mill and the urban runoff from sprawling Jacksonville.” [Sarasota Herald-Tribune via LexisNexis, 4/20/06]

Sarasota Herald-Tribune: “In The Northern Third, The Lower St. Johns… Pollution Pours” From The GP Paper Mill.” According to the Sarasota Herald-Tribune, “And it is in the northern third, the Lower St. Johns, that pollution pours from 33 sewage treatment plants, the Georgia Pacific paper mill and the urban runoff from sprawling Jacksonville.” [Sarasota Herald-Tribune, 4/20/06]

Sarasota Herald-Tribune: Environmentalists Say The Changes “Were Tailor Made For Polluters Like Georgia Pacific, Just As Were Earlier And Failed Efforts To Reduce Water Quality Standards On The Lower St. Johns.” According to the Sarasota Herald-Tribune, “Environmentalists like Young and Neil Armingeon, of the environmental watchdog group St. Johns Riverkeeper, say this isn’t the first time the state Department of Environmental Protection has tried to flank Clean Water Act provisions to allow less cleanup of the dirty St. Johns. They say the weakening changes were tailor made for polluters like Georgia Pacific, just as were earlier and failed efforts to reduce water quality standards on the Lower St. Johns.” [Sarasota Herald-Tribune, 4/20/06]

2006 DEP Memo: The Department Has Conducted Two Public Workshops In Jacksonville,” “On The Proposed Establishment Of Site Specific Alternative Criteria For Dissolved Oxygen In The… Lower St. Johns River.” According to a Memo from Eric Shaw, Environmental Manager, Water Quality Standards and Special Projects, Florida DEP, “The Department has conducted two public workshops in Jacksonville (1/20/06 and 4/7/06) on the proposed establishment of site specific alternative criteria for dissolved oxygen in the marine portions of the lower St. Johns River. Based on the Department’s analysis and public comments, the Department proposes to establish site specific alternative criteria for dissolved oxygen in the marine portion of the lower St. Johns River from Julington Creek to the mouth of the river. The criteria were specifically designed to support a healthy aquatic environment and will maintain the designated use of the river.” [DEP via archive.org, 4/28/06]

Mimi Drew Was Identified By The State Of Florida As The “Person Originating Proposed Rule” To Change Dissolved Oxygen Requirements In The St. Johns River. According to an official notice from the Florida Department of Environmental Protection, “NAME OF PERSON ORIGINATING PROPOSED RULE: Mimi Drew, Director, Division of

Water Resource Management.” [Florida DEP Notice, 4/28/06]

Mike Sole Was Identified By The State Of Florida As The “Supervisor Or Person Who Approved The Proposed Rule.” According to an official notice from the Florida Department of Environmental Protection, “NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mike Sole, Deputy Secretary.” [Florida DEP Notice, 4/28/06]

The Rule Was Approved By “Agency Head” On April 25, 2006. According to an official notice from the Florida Department of Environmental Protection, “DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 25, 2006.” [Florida DEP Notice, 4/28/06]

• Gov. Jeb Bush’s Secretary Of The Department Of Environmental Protection, Colleen Castille, Said That Her “Loyalty To Governor Bush Directed The Policy At The Agency.” According to an email from former DEP Secretary Colleen Castille, contained in transition documents from the Gov. Rick Scott Administration, “I don’t come without baggage. I was a bold Secretary of DEP and made much progress on cleaning up and little bit of reduction of permit regulations (All thrown out with the current administration.) with criticism from both industry and environmental groups. My loyalty to Governor Bush directed the policy at the agency.” [myflorida.com, accessed 2/2/15]

Bush’s DEP Proposal “Would Let Polluters Choose How Much They Can Dump Into A Water Body Rather Than Having To Stay Below A Set Limit”

Sarasota Herald-Tribune: DEP’s Proposal “Would Let Polluters Choose How Much They Can Dump Into A Water Body Rather Than Having To Stay Below A Set Limit.” According to the Sarasota Herald-Tribune, “The recent change, now under EPA scrutiny, is another attempt by the DEP to skirt the Clean Water Act, [Linda] Young said. The rule change would let polluters choose how much they can dump into a water body rather than having to stay below a set limit, which has been the state and federal requirement. They’d do it through a special permit for their section of river. DEP can approve the higher pollution levels if the polluter can show the addition won’t harm the water body.” [Sarasota Herald-Tribune, 4/20/06]

Deputy Director Of DEP’s Water Quality Standards And Special Projects Program Jerry Brooks Claimed The DEP Proposal Would “Protect Taxpayers” From Expenses Coming From Meeting The Clean Water Act..” According to the Sarasota Herald-Tribune, “Jerry Brooks, deputy director of DEP’s Water Quality Standards and Special Projects Program, said the proposed measure for the St. Johns River is intended to protect taxpayers from expensive but unnecessary projects. He pointed to a cost of ‘millions if not billions of dollars in order to achieve these water quality standards.’ Those costs include improving the 33 sewage plants and treating the storm water from 80 years of development in and around Jacksonville. Meeting the Clean Water Act would also force nutrient pollution limits on the Georgia Pacific paper mill for the first time.” [Sarasota Herald-Tribune, 4/20/06]

• Sarasota Herald Tribune: “Meeting The Clean Water Act” Would Force “Pollution Limits On The Georgia Pacific Paper Mill For The First Time.” According to the Sarasota Herald-Tribune, “Jerry Brooks, deputy director of DEP’s Water Quality Standards and Special Projects Program, said the proposed measure for the St. Johns River is intended to protect taxpayers from expensive but unnecessary projects. He pointed to a cost of ‘millions if not billions of dollars in order to achieve these water quality standards.’ Those costs include improving the 33 sewage plants and treating the storm water from 80 years of development in and around Jacksonville. Meeting the Clean Water Act would also force nutrient pollution limits on the Georgia Pacific paper mill for the first time.” [Sarasota Herald-Tribune, 4/20/06]

May-June 2006: Bush-Appointees on Environmental REgulatory Commission Chaired by Former GP Lawyer Unanimously Approved The Lower Standards

Bush-Appointees On State Environmental Regulation Commission Unanimously Approved Lowering Pollution Standards for St. Johns River

State Environmental Regulation Commission Approved A Lower State Standard On Pollution Discharge Into The St. Johns River In 2006. According to the Florida Times-Union, “The black and white world of science took on hues of gray Thursday as the state Department of Environmental Protection struggled to relay why it was seeking to lower a state standard on pollution discharge into the St. Johns River. ‘You have no raw data on what the results would be,’ said Richard Gragg, one of six Environmental Regulation Commission members at the DEP presentation. ‘These are all predictions.’ The commission, a decision-making group appointed for its expertise on environmental issues, went on to unanimously approve the new standard despite the pleas from a room packed with citizens whose outcries against the proceedings had to be continually silenced.” [Florida Times-Union via LexisNexis, 5/26/06]

The State Environmental Regulation Commission “Approved Unanimously A New Standard That, If Approved Federally, Will Increase Legal Discharge Into The St. Johns River By About 1 Million Pounds Of Nitrogen.” According to the Florida Times-Union, “At the end of May, the state Environmental Regulation Commission approved unanimously a new standard that, if approved federally, will increase legal discharge into the lower St. Johns River by about 1 million pounds of nitrogen, according to draft estimates. Last year, toxic algae blooms fed on nitrogen, a byproduct of sewer discharge and a commonly-used fertilizer.” [Florida Times-Union, 6/14/06]

Pensacola News Journal Editorial: “It Seems Incredible Today” That The DEP “Would Recommend Allowing More Pollution In Florida Waters, Or That The Environmental Regulation Commission – Appointed By The Governor – Would Accept The Recommendation.” According to an editorial by the Pensacola News Journal, “A decision by a state regulatory board to approve lower water quality standards on the St. Johns River in North Florida is a threat to water quality across the state. The Environmental Protection Agency, which must approve or reject the standard, should unambiguously reject it. It seems incredible today that the Department of Environmental Protection would recommend allowing more pollution in Florida waters, or that the Environmental Regulation Commission — appointed by the governor — would accept the recommendation.” [Editorial – Pensacola News Journal, 6/7/06]

Florida Times-Union Columnist Ronald Littlepage: “As Long As We Put People In Public Office Who Are Dependent On Fat Campaign Checks From Polluters, Commissions Appointed By The Governor And Approved By The Senate Are Going To Vote Like The Members Of The Environmental Regulation Commission Did.” According to an opinion by columnist Ronald Littlepage in the Florida Times-Union, “As long as we put people in public office who are dependent on fat campaign checks from polluters, commissions appointed by the governor and approved by the Senate are going to vote like the members of the Environmental Regulation Commission did. But the dozens of defenders of the river who jammed the DEP meeting room on Thursday, and the many more who contacted state and local officials to protest the lower standards, shouldn’t give up.” [Ronald Littlepage – Florida Times-Union, 5/28/06]

DEP Submitted New Pollution Standards To Florida’s Environmental Regulation Commission, Which Was Approved By The ERC On May 25, 2006. According to the Florida Department of Environmental Protection’s TMDL Report, “The SSAC was submitted to the ERC in accordance with Subsection 62-302.800(2), F.A.C., and was approved by the ERC on May 25, 2006. The Department subsequently submitted it to the EPA, and it was subsequently approved by the EPA on October 10, 2006.” [DEP via UFL, 06/08]

The Dissolved Oxygen Criteria Rule Became Effective On June 28, 2006. According to the Florida Administrative Register, Rule 62-302.800 Site Specific Alternative Criteria became effective on 6/28/2006. [flrules.org, accessed 2/2/15]

ERC Commission Meeting That Approved Lower Standards Was “Packed With Citizens” Opposed to Change Who Were Limited In Speaking Time to 3 Minutes Each; While Representatives for Georgia-Pacific Gave Their Approval of The Standards During Public Comment and Bush DEP Employees Were Given 2 Hours to Present Proposal

The DEP Was Allowed To Give A Two-Hour Presentation Supporting The Proposal, While Opponents Were Restricted To Three Minutes Each. According to an editorial by the Pensacola News Journal, “The Times-Union also reported that DEP was allowed to give a two-hour presentation supporting the proposal, while the 23 people who signed up to oppose it were limited to three minutes each.” [Editorial – Pensacola News Journal, 6/7/06]

Representatives For Georgia Pacific Gave Their Approval Of The New Standard During Public Comment. According to the Florida Times-Union, “Representatives for JEA, Georgia Pacific, the Farm Bureau, the Florida Department of Agriculture and Consumer Services and utility authorities gave their approval of the new standard during public comment.” [Florida Times-Union, 5/26/06]

Jeb Bush’s Florida Department of Environmental Protection Worked “On Behalf Of The Plants And Mill” To Create Special Permits To Allow More Pollution Than Allowed By George W. Bush’s EPA

Sarasota Herald-Times: The Florida DEP Worked “On Behalf Of The Plants And Mill” To Create Special Permits To Allow More Pollution. According to the Sarasota Herald-Tribune, “Environmentalists had won a lawsuit that forced the EPA to limit the amount of pollution that could be discharged into the Lower St. Johns. But in January the Florida Department of Environmental Protection, on behalf of the plants and mill, then changed the law to allow the special permits. The EPA approved the changes in May.” [Sarasota Herald-Tribune, 7/14/06]

President George W. Bush’s EPA Approved The Environmental Standard Which Would “Allow More Pollution Into Florida Water Bodies Than Had Previously Been Permitted.” According to the Sarasota Herald-Tribune, “Federal environmental regulators OK’d a loophole in Florida law that allows sewer plants, pulp mills and other major polluters to dump more waste into the state’s waters, environmentalists claim in a federal lawsuit filed Thursday. The U.S. Environmental Protection Agency’s recent approval grants special permits that allow more pollution into Florida water bodies than had previously been permitted.” [Sarasota Herald-Tribune via LexisNexis, 7/14/06]

Bush-Appointed Florida Environmental Regulation Commission Chair, Kenneth W. Wright, Worked At Law Firm That Had Represented Georgia-Pacific As A Client

Kenneth W. Wright Served As Chair Of The Florida Environmental Regulation Commission Between 1999 And 2007. According to an archive of the Florida’s Department of Environmental Protection website, Ken Wright served as chairman of the Florida Environmental Regulation Commission between July 2, 1999 through July 1, 2007. [Dep.state.fl.us via Web.archive.org, Captured 2/22/06]

Wright’s Law Firm Represented Georgia-Pacific

Wright Joined The Orlando Office Of Shutts & Bowen In 1990. According to the Orlando Sentinel, “FIVE LAWYERS from Swann & Haddock P.A., a downtown Orlando law firm that will close this week, said Monday they are joining the Orlando office of Shutts & Bowen. Moving to the Miami-based firm are James G. Willard, Robert A. Savill, Kenneth W. Wright, Andrew M. Brumby and Letitia E. Wood. The move gives Shutts & Bowen 13 lawyers in its Orlando office. Other Swann & Haddock lawyers have found jobs at the Orlando offices of Foley & Lardner and Baker & Hostetler.” [Orlando Sentinel, 9/25/90]

Shutts & Bowen Represented Georgia-Pacific In 1991. According to Berdeaux v. Eagle-Picher Industries, Inc., Shutts & Bowen represented Georgia-Pacific Corp. [Berdeaux v. Eagle-Picher Industries, Inc. via Leagle.com, 4/3/91]

Wright Represented George W. Bush And Dick Cheney During The 2000 Presidential Election Challenge

Wright Represented George W. Bush And Dick Cheney During The 2000 Presidential Election Challenge. According to Kenneth W. Wright’s biography on the Shutts & Bowen LLP website, “Kenneth Wright has been called to lead groups that shape statewide environmental policy and regional development. […]He is past chair for eight (8) years of the Florida Environmental Regulation Commission. […] Mr. Wright is active in both local and state politics. During the 2000 presidential election challenge, Mr. Wright represented George W. Bush and Dick Cheney.” [Shutts.com, Accessed 1/30/14]

Wright Is Co-Chairman Of Government Relations For His Law Firm

Wright Served As Co-Chairman of Shutts & Bowen’s Government Relations Practice Group. According to Kenneth W. Wright’s biography on the Shutts & Bowen LLP website, “Mr. Wright is a partner in the Orlando office and serves as Co-Chairman of the firm’s Government Relations Practice Group.” [Shutts.com, Accessed 1/30/14]

New Standard Would “Increase Legal Discharge Into The Lower St. Johns River By About 1,050,000 Pounds Of Nitrogen.”

New State Environmental Standard Would “Increase Legal Discharge Into The Lower St. Johns River By About 1,050,000 Pounds Of Nitrogen.” According to the Florida Times-Union, “If the new standard for the lower St. Johns River receives approval from the U.S. Environmental Protection Agency, it will replace the current state standard that was established in 1970 and increase legal discharge into the lower St. Johns River by about 1,050,000 pounds of nitrogen, according to draft estimates. Last year toxic algae blooms that covered the St. Johns River in a green blanket fed on nitrogen, which is a byproduct from sewer discharge and a commonly used fertilizer.” [Florida Times-Union via LexisNexis, 5/26/06]

Environmentalists Filed A Lawsuit To Try “To Kill” The New Rule. According to the Sarasota Herald-Tribune, “Federal environmental regulators OK’d a loophole in Florida law that allows sewer plants, pulp mills and other major polluters to dump more waste into the state’s waters, environmentalists claim in a federal lawsuit filed Thursday. The U.S. Environmental Protection Agency’s recent approval grants special permits that allow more pollution into Florida water bodies than had previously been permitted. The lawsuit seeks to kill the new rule, and EPA officials have said legal action would stop such special permits until the matter is decided in court. The lawsuit is spurred by a discharge permit for the Lower St. Johns River, more than 100 miles of waterway lined by sewage plants, a pulp mill and the suburban sprawl of Jacksonville.” [Sarasota Herald-Tribune via LexisNexis, 6/14/06]

St. Johns Was Already Described As A “Dumping Ground For 33 Sewage Treatment Plants And A Georgia-Pacific Pulp Mill;” With GP Pollution Responsible for “Triggering Massive Blue-Green Algae Blooms That Choke Off Oxygen In The Summer.”

St. Johns River Is A “Dumping Ground For 33 Sewage Treatment Plants And A Georgia-Pacific Pulp Mill.” According to the Tampa Tribune, “The DEP has been trying for several years to get a lower oxygen standard for the 310-mile St. Johns River in east Florida. The St. Johns is a dumping ground for 33 sewage treatment plants and a Georgia-Pacific pulp mill. Urban and agricultural runoff contributes more pollution, triggering massive blue-green algae blooms that choke off oxygen in the summer.” [Tampa Tribune via LexisNexis, 5/1/06]

The Pollution From The Sewage Plants And GP, Along With Urban And Agriculture Runoff Is Responsible for “Triggering Massive Blue-Green Algae Blooms That Choke Off Oxygen In The Summer.” According to the Tampa Tribune, “The DEP has been trying for several years to get a lower oxygen standard for the 310-mile St. Johns River in east Florida. The St. Johns is a dumping ground for 33 sewage treatment plants and a Georgia-Pacific pulp mill. Urban and agricultural runoff contributes more pollution, triggering massive blue-green algae blooms that choke off oxygen in the summer.” [Tampa Tribune via LexisNexis, 5/1/06]

Officials Claimed Relaxing Standards Would “Save Taxpayers And Businesses Hundreds Of Millions Of Dollars In Cleanup And Restoration While Maintaining The Integrity” Of St. Johns River. According to the Sarasota Herald-Tribune, “In the case of the Lower St. Johns River, officials have said relaxing standards will save taxpayers and businesses hundreds of millions of dollars in cleanup and restoration while maintaining the integrity of the river. Those costs include improving the 33 sewage plants and treating the storm water from 80 years of development in and around Jacksonville.” [Sarasota Herald-Tribune via LexisNexis, 6/14/06]

Clean Water Network’s Linda Young Said Nutrients Occur In Run-Off From Paper Mills. According to the Tampa Tribune, “‘Dissolved oxygen and nutrients are the 10,000-pound gorilla that is killing our water quality,’ said [Linda] Young, of the Clean Water Network. ‘Nutrients are in phosphate, in paper mills, in agriculture, in municipal runoff. There are a million polluters out there that have to deal with nutrients.’” [Tampa Tribune, 5/1/06]

October 2006: George W. Bush’s EPA Approved Jeb Bush’s Koch-Backed Effort to Gut Pollution Standards In the St. Johns River

The EPA Approved Florida’s Lower Standards On October 10, 2006. According to the Florida Department of Environmental Protection’s TMDL Report, “The SSAC was submitted to the ERC in accordance with Subsection 62-302.800(2), F.A.C., and was approved by the ERC on May 25, 2006. The Department subsequently submitted it to the EPA, and it was subsequently approved by the EPA on October 10, 2006.” [DEP via UFL, 06/08]

Environmental Protection Agency Approved Florida’s Lower Pollution Standards. According to the EPA: “In summary, this SSAC is consistent with the requirements of the Clean water Act and 40 CFR Part 131, and I am approving this revision to Florida water quality standards.” [Letter from EPA Director of Water Management Division James Giattinia to Florida Director of Water Management Mimi Drew, 10/10/06]

November 2006: Bush Wrote Emails to DEP Secretary Demanding “Quick and Strong” Response to Miami Herald Columnist Who Criticized Bush for Lowering Pollution Standards for St John’s

Carl Hiaasen Column Criticized Gov. Jeb Bush’s DEP For Favoring Industrial Polluters, Like Georgia Pacific

Columnist Carl Hiaasen: Under Gov. Jeb Bush, The “So-Called Department Of Environmental Protection…Morphed Into An Alibi Factory For Industrial And Agricultural Polluters.” According to a column by Carl Hiaasen that was originally printed in The Miami Herald, “Charlie Crist campaigned on a promise to protect Florida’s environment. He should start by beheading the so-called Department of Environmental Protection, which under Jeb Bush has morphed into an alibi factory for industrial and agricultural polluters.” [Carl Hiaasen – Miami Herald, 11/12/06]

Hiaasen : “The DEP Has Been Fighting Doggedly To Impair The State’s Impaired Waters Rule And Let Big Corporations Devise Their Own Methods Of Testing.” According to a column by Carl Hiaasen that was originally printed in The Miami Herald, “Unwilling to force compliance with federal clean-water standards, the DEP has been fighting doggedly to impair the state’s Impaired Waters Rule and let big corporations devise their own methods of testing.” [Carl Hiaasen – Miami Herald, 11/12/06]

Hiaasen: The St. Lucie River Was “Basically Shut Down To Human Activity Last Year After Being Blanketed With Foul, Neon-Green Algae.” According to a column by Carl Hiaasen that was originally printed in The Miami Herald, “The last thing Florida needs is dirtier, smellier water. Ask the people living along the St. Lucie River, which was basically shut down to human activity last year after being blanketed with foul, neon-green algae.” [Carl Hiaasen – Miami Herald, 11/12/06]

Hiaasen: The St. Johns River Was “Used As A Latrine By 33 Sewer Plants And A Huge Georgia Pacific Paper Mill.”.” According to a column by Carl Hiaasen that was originally printed in The Miami Herald, “Or residents along the St. Johns River, which is used as a latrine by 33 sewer plants and a huge Georgia Pacific paper mill. Hundreds of tons of nitrogen-rich waste is flushed annually into the waterway, igniting massive algae blooms.” [Carl Hiaasen – Miami Herald, 11/12/06]

Hiaasen: “The St. Johns Is Ground Zero For The DEP’s Water Waffle.” According to a column by Carl Hiaasen that was originally printed in The Miami Herald, “The St. Johns is Ground Zero for the DEP’s water waffle.” [Carl Hiaasen – Miami Herald, 11/12/06]

Hiaasen: The DEP “Battled To Lower The Dissolved-Oxygen Standard Standards” For The St. Johns River, Asserting That 5 Milligrams Per Liter Is An Unreasonable Goal Even Under Natural Conditions.” According to a column by Carl Hiaasen that was originally printed in The Miami Herald, “The agency [DEP] has battled to lower the dissolved-oxygen standards for the river, asserting that 5 milligrams per liter is an unreasonable goal even under natural conditions.” [Carl Hiaasen – Miami Herald, 11/12/06]

• Hiaasen: “The Only Way To Simulate ‘Natural’ Conditions Is To Stop Pumping Crap Into The Water, An Inconvenience That Regulators Are Unlikely To Impose On Large, Politically Connected Companies.” According to a column by Carl Hiaasen that was originally printed in The Miami Herald, “The St. Johns is Ground Zero for the DEP’s water waffle. The agency has battled to lower the dissolved-oxygen standards for the river, asserting that 5 milligrams per liter is an unreasonable goal even under natural conditions. Testing the DEP’s thesis is nearly impossible because the only way to simulate ‘natural’ conditions is to stop pumping crap into the water, an inconvenience that regulators are unlikely to impose on large, politically connected companies.” [Carl Hiaasen – Miami Herald, 11/12/06]

Hiaasen On St. Johns Being Exempted From U.S. Clean-Water Standards: “Nobody Thought It Was A Swell Idea Except The Florida Department Of Agriculture, The Farm Bureau, The Local Utilities And, Of Course, Georgia-Pacific.” According to a column by Carl Hiaasen that was originally printed in The Miami Herald, “Last May, citizens packed a meeting in Jacksonville where the DEP attempted to explain why the St. Johns should be exempted from U.S. clean-water standards. Nobody thought it was a swell idea except the Florida Department of Agriculture, the Farm Bureau, the local utilities and, of course, Georgia-Pacific.” [Carl Hiaasen – Miami Herald, 11/12/06]

Hiaasen: The DEP’s Plan To Exempt The St. Johns From U.S. Clean-Water Standards Was “Unanimously Approved By The State’s Environmental Regulation Commission, A Panel Of Appointees With Ties To Ranching, Developers And Big-City Utilities.” According to a column by Carl Hiaasen that was originally printed in The Miami Herald, “Last May, citizens packed a meeting in Jacksonville where the DEP attempted to explain why the St. Johns should be exempted from U.S. clean-water standards. Nobody thought it was a swell idea except the Florida Department of Agriculture, the Farm Bureau, the local utilities and, of course, Georgia-Pacific. The plan was unanimously approved by the state’s Environmental Regulation Commission, a panel of appointees with ties to ranching, developers and big-city utilities. In September, that same group rubber-stamped DEP’s latest rewrite of the Impaired Waters Rule, basically narrowing the statewide definition of pollution so that numerous tainted lakes and rivers will be magically declared healthy.” [Carl Hiaasen – Miami Herald, 11/12/06]

Hiaasen: Florida’s DEP “Found Allies Within The U.S. Environmental Protection Agency, Which Had Been Defanged By The Pro-Industry Bush Administration.” According to a column by Carl Hiaasen that was originally printed in The Miami Herald, “Since 1999, when they arbitrarily tried to delete hundreds of waterways from the state cleanup list, top DEP officials have been on a mission to thwart the Clean Water Act. In recent years they found allies within the U.S. Environmental Protection Agency, which had been defanged by the pro-industry Bush administration.” [Carl Hiaasen – Miami Herald, 11/12/06]

Hiaasen: “The New DEP Language Allows Polluting Companies To Offer Different Water-Testing Methods And Scientific Criteria Than Those Currently Accepted By EPA Scientists.” According to a column by Carl Hiaasen that was originally printed in The Miami Herald, “The new DEP language allows polluting companies to offer different water-testing methods and scientific criteria than those currently accepted by EPA scientists. It’s a gaping loophole that will be eagerly exploited by Florida’s pulp mills, phosphate mines, power companies and sewage-treatment plants.” [Carl Hiaasen – Miami Herald, 11/12/06]

• Hiaasen: “It’s A Gaping Loophole That Will Be Eagerly Exploited By Florida’s Pulp Mills.” According to a column by Carl Hiaasen that was originally printed in The Miami Herald, “The new DEP language allows polluting companies to offer different water-testing methods and scientific criteria than those currently accepted by EPA scientists. It’s a gaping loophole that will be eagerly exploited by Florida’s pulp mills, phosphate mines, power companies and sewage-treatment plants.” [Carl Hiaasen – Miami Herald, 11/12/06]

Jeb Bush Emailed DEP Secretary Colleen Castille To Demand A “Quick And Strong Response” To The Hiaasen Column.

Gov. Jeb Bush Email To Florida DEP: “Carl Hiaasen’s Column Today Is Deserving Of Quick And Strong Response.” According to an email from Gov. Jeb Bush to the Florida DEP on November 12, 2006, “Carl Hiaasen’s column today is deserving of quick and strong response. Jeb” [Gov. Jeb Bush Email to DEP, 11/12/06]

Castille Emailed Governor Bush After She Placed Op-Ed Defending His Environmental Record, Called Hiaasen Column “Inaccurate and Misleading”

The Body Of The DEP’s November 20, 2006 Email To Gov. Jeb Bush Included DEP Secretary Colleen M. Castille’s Op-Ed, Which Called Carl Hiaasen’s Column “Inaccurate And Misleading.” According to an opinion written by DEP Secretary Colleen M. Castille that appeared in the body of a DEP email to Jeb Bush, “Carl Hiaasen’s column ‘Challenge for Crist: Florida’s Environment’ (Nov. 16) is both inaccurate and misleading.” [Colleen M. Castille – Ocala Star Banner via DEP email to Jeb Bush, 11/20/06]

DEP Email To Gov. Jeb Bush On An Op-Ed Response To Carl Hiaasen’s Column: “Done And Was Reprinted In The Ocala Star Banner.” According to an email from the Department of Environmental Protection to Gov. Jeb Bush on November 20, 2006, “Done and was reprinted in the Ocala Star Banner.”[DEP email to Jeb Bush, 11/20/06]

Gov. Jeb Bush Email To DEP On An Op-Ed Response To Carl Hiaasen’s Column: “It Was In The Miami Herald As Well.” According to an email from Gov. Jeb Bush to the Florida Department of Environmental Protection on November 20, 2006, “It was in the Miami Herald as well.” [Jeb Bush email to DEP, 11/20/06]

2006: Despite Bush’s Gutting of Pollution Rules On GP’s Behalf, Georgia-Pacific Plant In Palatka Saw Layoffs, Suspensions, and SeveranceS After Koch Acquired Company

2006: Koch Considered Offering Severance Packages to 1,000 of 1,200 Employees at Palatka Plant Within 6 Months of Acquiring Georgia-Pacific

December, 2005: Georgia-Pacific’s Palatka Plant Had 1,250 Employees, And Workers Were “Hopeful That Koch Won’t Make Major Changes In The Operations.”” According to the Florida Times-Union, “Durango-Georgia was Camden County’s largest private employer, and it put more than 900 people out of work when it closed in 2002. Paper mills have long had a major impact on many Northeast Florida and Southeast Georgia communities. So there was some concern last month when Palatka’s largest private employer, Georgia-Pacific Corp., announced that it agreed to a buyout by privately-owned Koch Industries. Kansas-based Koch announced last week that it has received tenders last week for 88 percent of Georgia-Pacific’s stock, paving the way for completion of the $21 billion deal. Workers at the 1,250-employee Georgia-Pacific plant in Palatka are hopeful that Koch won’t make major changes in the operations, but they have not heard from Koch officials since the deal was announced in November. ‘We don’t know anything more at this point,’ a spokesman for the Palatka mill said last week. Georgia-Pacific employs nearly 500 more people at other facilities in the region.” [Florida Times-Union, 12/26/05]

Georgia-Pacific Considered Offering Severance Packages To About 1,000 Hourly Workers At Its Palatka Paper Mill, Which Employed About 1,200 People. According to the Florida Times-Union, “Georgia-Pacific is considering offering severance packages to about 1,000 hourly workers at its Palatka paper mill as it tries to trim its head count without resorting to layoffs. The mill has offered its 200 salaried employees buyout packages. […]The mill, located on 500 acres in Palatka, employs about 1,200. Koch Industries acquired the plant in December when it bought Georgia-Pacific.” [Florida Times-Union via LexisNexis, 6/7/06]

• GP Company Spokesman: “The Employee Cutbacks Are Part Of A ‘Rapid Transformation Process’ The Mill Is Undergoing To Boost Its Competitiveness.” According to Florida Times-Union via LexisNexis, “The employee cutbacks are part of a ‘rapid transformation process’ the mill is undergoing to boost its competitiveness, company spokesman Jeremy Alexander said.” [Florida Times-Union via LexisNexis, 6/7/06]

November 2006: GP Suspended 107 Workers “With No Advance Notice.”

Georgia Pacific’s Palatka Sawmill Suspended 108 Workers For “At Least Six Months” With “No Advance Notice About The Closure.” According to the Florida Times-Union, “Frank Hall pulled into the lot of the Palatka-area sawmill where he’s worked for the better part of 19 years Thursday, not out of habit but need. He found out Wednesday that his job, and those of 107 other workers, will be suspended for at least six months as the sawmill owned by Georgia-Pacific suspended operation, effective immediately. […]The workers were given no advance notice about the closure, but will get 60 days’ pay and benefits, said Georgia-Pacific public affairs manager Jeremy Alexander. No other cutbacks are expected, he said.” [Florida Times-Union via LexisNexis, 11/17/06]

• Georgia-Pacific Public Affairs Manager: The Pause In Production Had To Do With “Overall Market Conditions.” According to the Florida Times-Union, “The pause in production has to do with overall market conditions, [Georgia-Pacific public affairs manager Jeremy] Alexander said. The mill produces one-by-fours and two-by-fours out of southern pine.” [Florida Times-Union via LexisNexis, 11/17/06]

2008: GP Laid Off 50 More Employees, Palatka Was Ranked Number 2 On Forbes Magazine’s List Of The Nation’s Most Vulnerable Towns And Cities

Georgia Pacific Laid Off 50 Employees At Its Palatka, Florida Pulp And Paper Mill. According to the Jacksonville Business Journal, “Georgia-Pacific Corp. is laying off 50 employees at its Palatka pulp and paper mill. The layoffs come after the Atlanta-based company halted production indefinitely on one of two machines devoted to producing Kraft paper products like paper bags and cardboard boxes. The mill, which employs about 1,040 people, manufactures Kraft products and consumer paper products. The other machine that produces Kraft products will continue to operate. A separate chip mill plant in Palatka produces pine and hardwood chips for tissue and paper making.” [Jacksonville Business Journal via LexisNexis, 12/16/08]

Palatka, Florida Was Ranked Number 2 On Forbes Magazine’s List Of The Nation’s Most Vulnerable Towns And Cities. According to the Florida Times-Union, “What remains of Palatka’s economy – a Georgia-Pacific paper mill, a barge port, a Seminole Electric power plant and low-paying retail and service industry jobs – is on shaky footing, according to a national business magazine. Palatka ranked No. 2 earlier this month on Forbes magazine’s list of the nation’s ‘most vulnerable’ towns and cities. In the magazine’s analysis of 141 towns’ economic and education data, the only worse performer was Lancaster, S.C., a struggling manufacturing town about 60 miles north of Columbia, the state’s capital.” [Florida Times-Union via LexisNexis, 11/2/08]

2008: GP Began Construction of Pipeline

Federal Guidelines Required Limits On Amount of Nitrogen and Phosphate That Could Be Discharged Into Waterways

2008: Under Federal Guidelines Florida Was Required To Set Limits On The Discharge Of Nitrogen And Phosphate Into Waterways. According to the Jacksonville Business Journal, “Northeast Florida municipalities, utilities, military bases and businesses will spend millions of dollars to comply with state limits on the discharge of nitrogen and phosphate into waterways within the next 10 to 15 years. Under federal guidelines, Florida is mandated to set total maximum daily loads limits — how much pollution a body of water can take and still meet water quality requirements.” [Jacksonville Business Journal via LexisNexis, 3/24/08]

Once The Limits Were Met, The St. Johns River Was Expected “To Heal And Reduce Algal Blooms, Which Are Caused By Nitrogen And Phosphate Surpluses And Hurt Water Life.” According to the Jacksonville Business Journal, “Once the limits are met, the St. Johns River is expected to heal and reduce algal blooms, which are caused by nitrogen and phosphate surpluses and hurt water life. The amount of phosphate kilograms discharged annually into the freshwater part of the river has to decline by about 16 percent from 596,000 kilograms in 1998 to about 500,000 within 15 years, according to Florida Department of Environmental Protection estimates. A kilogram is about 2.2 pounds.” [Jacksonville Business Journal via LexisNexis, 3/24/08]

The St. Johns River Water Management District Proposed Withdrawing Up To 260 Million Gallons Of Water A Day From St. Johns River. According to an opinion by columnist Ronald Littlepage for the Florida Times-Union, “David Graham, chairman of the governing board of the St. Johns River Water Management District, is a friend of mine. We have had more than one spirited conversation about the district’s plan to withdraw up to 260 million gallons of water a day from the river and its tributaries to meet the needs of Central Florida.” [Ronald Littlepage – Florida Times-Union via LexisNexis, 1/22/08]

Construction Began on Pollution Pipeline

In 2008 The Pollution Pipeline From The GP Paper Mill To The St. Johns River Was “Headed For Construction.” According to the Florida Times-Union, “A pollution pipeline from a paper mill to the St. Johns River is headed for construction after years of delays and legal battles, and the state’s environmental agency says it can’t stop it. Building the 4-mile pipeline would let Georgia-Pacific stop discharging into Rice Creek, a much smaller waterway where the plant violates clean-water standards. But it would also mean diluting the wastewater in the river, which flows to Jacksonville. […] The administrative order that mandates the pipeline also spells out a timetable in which the line should be in use by September 2010. That order was issued after environmentalists sued unsuccessfully to stop the 2001 agreement, which was approved by former DEP Secretary David Struhs.” [Florida Times-Union via LexisNexis, 7/31/08]

Florida Times-Union: “State And Federal Agencies Essentially Wagered In 2001 That The Mill Could Clean Up Its Wastewater Enough To Keep Pumping Into Rice Creek.” According to the Florida Times-Union, “Factories that violate clean-water standards are normally allowed to keep operating while they develop improvement plans. State and federal agencies essentially wagered in 2001 that the mill could clean up its wastewater enough to keep pumping into Rice Creek. The company signed an agreement and made $200 million worth of upgrades prescribed by the state and by paper mill specialists from the U.S. Environmental Protection Agency.” [Florida Times-Union via LexisNexis, 7/31/08]

But The Wastewater Was “Still Too Dark And Salty To Remain In The Creek.” According to the Florida Times-Union, “But the wastewater is still too dark and salty to remain in the creek, according to an analysis the company provided to DEP last month. Excessive saltiness can harm some fish in a freshwater creek, and water that’s too dark can affect underwater plants that need light to live.” [Florida Times-Union via LexisNexis, 7/31/08]

Mayor Of Jacksonville John Peyton “Said His Office Would Take Legal Action Against Georgia-Pacific If It Finds That The St. Johns River Would Be Hurt By The Discharging Of Wastewater” From Its Paper Mill. According to the Jacksonville Business Journal, “Mayor John Peyton said his office would take legal action against Georgia-Pacific if it finds that the St. Johns River would be hurt by the discharging of wastewater by the pulp and paper company. The announcement coincided with the release of a report that found there were improvements made to the river’s health, but there was still much to be done. The report comes out of the St. Johns River Accord, a $700 million budgeted agency charged with cleaning up the river.” [Jacksonville Business Journal via LexisNexis, 7/6/08]

Mayor Peyton Wrote Governor Charlie Crist A Letter Urging Him To Reconsider The Pipeline, Stating, “The Wastewater Contains Harmful Dioxin.” According to the Jacksonville Business Journal, “‘The wastewater contains harmful dioxin, a by-product of the mill’s bleaching process used to clean and refine pulp, and has the proven potential to cause grave physiological damage to aquatic life,’ Peyton wrote in a letter to Governor Charlie Crist. Peyton urged the governor to take a second look at Georgia-Pacific’s plan.” [Jacksonville Business Journal via LexisNexis, 7/6/08]

The 2008 State Of The River Report On The St Johns River Advised That “No More Than Two Meals A Week Come From Fish Caught In The River.” According to an opinion by columnist Ronald Littlepage for the Florida Times-Union, “The release of an important document last week was overshadowed by Mayor John Peyton’s pledge to challenge Georgia-Pacific’s plans to dump the foul pollution from its Palatka mill into the middle of the St. Johns River. […] Also on the agenda was the release of the State of the River Report 2008, prepared by scientists from the University of North Florida and Jacksonville University, and funded by the city’s Environmental Protection Board. […] And some of that nasty stuff, such as mercury, can end up in the fish, “although not at levels that prohibit consumption,” according to the report. Still, the recommendation is that no more than two meals a week come from fish caught in the river. Another section of the report examines water quality. It does a good job of explaining the problems brought on by excessive nutrients in the river and the algal blooms that can result.” [Ronald Littlepage – Florida Times-Union via LexisNexis, 8/15/08]

Florida Department Of Environmental Protection Said Georgia-Pacific Would Meet Water Quality Standards In River.

Gregory Strong, District Director, Northeast District, Florida Department Of Environmental Protection: St. Johns River “Has A Larger Flow Volume And The Capacity To Comply With Water Quality Standards.” According to an opinion by Gregory Strong, District Director, Northeast District of the Florida Department Of Environmental Protection for the Florida Times-Union, “While Rice Creek flows directly into the St. Johns River, it is a small water body and its flow is not large enough to assimilate the facility’s discharge and still achieve water quality standards – a finding confirmed by Georgia-Pacific’s water quality report that was submitted in June 2008. Therefore, as authorized by the 2002 order, Georgia-Pacific’s discharge will be relocated from Rice Creek to the St. Johns River, which has a larger flow volume and the capacity to comply with water quality standards.” [Florida Times-Union via LexisNexis, 8/21/08]

Strong: “With The Relocation Of The Discharge, The Overall Loading To The St. Johns River Will Not Change, Georgia-Pacific Will Meet Water Quality Standards In The River, And Rice Creek Can Be Restored.” According to an opinion by Gregory Strong, District Director, Northeast District of the Florida Department Of Environmental Protection for the Florida Times-Union, “With the relocation of the discharge, the overall loading to the St. Johns River will not change, Georgia-Pacific will meet water quality standards in the river, and Rice Creek can be restored. To ensure the river’s protection, DEP is requiring an ongoing water quality study of the St. Johns River, already under way, to monitor for any potential effects on ambient water quality from the proposed relocation of the effluent discharge to the St. Johns River.” [Florida Times-Union via LexisNexis, 8/21/08]

2009-2011: Dangerous Chemicals and Algal Blooms In the St. JOhns River

2009-2011: Levels Of Cancer Causing Dioxin In Rice Creek, Which Flows Into St. Johns River, Carried “Far More” Of The Cancer-Causing Chemical Dioxin “Than Federal Standards Allow.”

2009: Wastewater from GP Plant Was Found To Carry “Far More” Of The Cancer-Causing Chemical Dioxin “Than Federal Standards Allow.”

2009: Wastewater From GP’s Putnam County Paper Mill Was Found To Carry “Far More” Of The Cancer-Causing Chemical Dioxin “Than Federal Standards Allow.” According to the Florida Times-Union, “Wastewater from Georgia-Pacific’s paper mill in Putnam County carries far more of a cancer-causing chemical than federal standards allow in the creek where it empties, a new federal report shows. The findings are the first evidence of a continuing dioxin problem involving the mill since manufacturing processes were changed several years ago to eliminate the toxic chemical from the company’s waste. Tests that found the chemical can’t show whether it’s new or a residue that sat for years in holding ponds where wastewater lingers before flowing into Rice Creek, a small waterway that joins the St. Johns River.” [Florida Times-Union via LexisNexis, 2/24/09]

“The Discovery Has Led The State To Ask Georgia-Pacific To Review Its Operations And Could Put Into Question Plans For The Mill To Build A Pipeline To Carry Wastewater To The River.” According to the Florida Times-Union, “The discovery has led the state to ask Georgia-Pacific to review its operations and could put into question plans for the mill to build a pipeline to carry wastewater to the river. The pipeline was allowed because the state accepted that environmental controls at the plant were working as well as possible. ‘This report kind of throws some uncertainty on the optimization’ of one part of those controls, said Melissa Long, a water program administrator at the Florida Department of Environmental Protection in Jacksonville.” [Florida Times-Union via LexisNexis, 2/24/09]

Expired Permit

The Clean Water Network Of Florida Expected To File A Lawsuit Over The Paper Mill’s “Continued Operation On An Expired Environmental Permit.” According to the Florida Times-Union, “They’re going to find what they want to find,” said Linda Young, director of the Clean Water Network of Florida. ‘They’re paying for it. It’s their money, it’s their experts, it’s they’re everything.’ Young said she expects her organization will file a lawsuit over the mill’s continued operation on an expired environmental permit. ‘This is a pass for Georgia-Pacific for another year,’ Young said of the state order.” [Florida Times-Union via LexisNexis, 6/2/09]

GP’s Plan For A Three-Mile Pipeline To Carry Wastewater From Its Paper Mill Straight To St Johns River “Alarms Many Environmental Advocates.” According to the Florida Times-Union, “Mill wastewater flows into Rice Creek, then into the St. Johns River and downstream toward Jacksonville. The protection board doesn’t have any authority over the mill but advises Mayor John Peyton and other city officials who have said decisions upstream affect Jacksonville. About 60 years of mill operation has damaged Rice Creek, but a plan for a three-mile pipeline to carry wastewater straight to the river alarms many environmental advocates. Critics have said diluting pollution in a bigger waterway is a backwards solution that could make it legal to release more pollutants. The Department of Environmental Protection ordered the mill last week to re-examine its operations because of the discovery of cancer-causing dioxin in wastewater.” [Florida Times-Union via LexisNexis, 6/2/09]

• GP Suggested Building The 4-Mile Pipeline In The 1990s. According to the Florida Times-Union, “Georgia-Pacific suggested building the 4-mile pipeline in the 1990s. That would let the company dilute its wastewater in a vast river where its effects would be much less pronounced. Environmental activists countered that the mill could and should clean its water enough to stay in Rice Creek. The activists sued after the state and company agreed on manufacturing changes that included a guarantee to permit the pipeline if the wastewater still didn’t meet state standards. A state administrative law judge ruled against the activists and spelled out a timeline for building the pipeline.” [Florida Times-Union via LexisNexis, 1/8/09]

After Doing Its Own Study GP Claimed That The Level Of Dioxin In Its Wastewater Ponds Were “Minute And Pose No Hazard.” According to the Florida Times-Union, “A Putnam County paper mill told state regulators Tuesday that levels of cancer-causing dioxin in its wastewater ponds are minute and pose no hazard. A report from Georgia-Pacific’s mill near Palatka estimated that 900 acres of ponds hold about 140 million pounds of sediment – but just one-tenth of an ounce of dioxin. What this means remains an open question.” [Florida Times-Union via LexisNexis, 9/2/09]

2010: DEP Ordered Georgia Pacific to Obtain Report On Palatka Mills’ Effect On Water Standards, Report Showed $200 Million In Plant Upgrades Did Not Help Plant Meet Water Standards

District Director Of Florida EPA Questioned Whether Building A Pipeline Would Change The Health Of St. Johns River, Claiming The Creek Already Acts As A Pipeline. According to the Florida Times-Union, “Building a wastewater pipeline for a Putnam County paper mill might scarcely change the health of the St. Johns River, a state environmental administrator suggested Monday. ‘For all intents and purposes, the pipeline exists right now. It’s just made of dirt instead of PVC,’ the district director of Florida’s Department of Environmental Protection, Greg Strong, told members of Jacksonville’s mayoral-appointed Environmental Protection Board. The comment, likening the pipeline to the creek now carrying wastewater to the St. Johns from Georgia-Pacific’s mill near Palatka, continued a series of talks to the board where Strong has avoided directly predicting his agency’s decision on whether to approve the pipeline.” [Florida Times-Union, 10/11/10]

Orlando Sentinel: GP’s Palatka Paper Mill’s Wastewater Drains Into Rice Creek “Gagging That Tiny Waterway With Pollution Before It Flows Into The St. Johns.” According to the Orlando Sentinel, “At issue is whether Atlanta-based Georgia-Pacific should be allowed to install a pipeline to funnel its wastewater directly into the St. Johns River. The liquid now drains into Rice Creek, gagging that tiny waterway with pollution before it flows into the St. Johns. Environmental advocates don’t want the pipeline, saying the company should instead clean up its discharge so that it doesn’t harm the smaller creek.” [Orlando Sentinel via LexisNexis, 9/27/10]

• Orlando Sentinel: “Among The Biggest Polluters Of The St. Johns: The Georgia-Pacific Mill.” According to the Orlando Sentinel, “Among the biggest polluters of the St. Johns: the Georgia-Pacific mill. ‘The river is at a tipping point right now,’ said Neil Armingeon, whose St. Johns Riverkeeper group opposes both Central Florida’s planned water withdrawals and Georgia-Pacific’s ongoing discharges into the river.” [Orlando Sentinel via LexisNexis, 9/27/10]

Report Showed That The $200 Million In Plant Upgrades Did Not Help The Palatka Paper Mill Meet Water Standards In The Creek Where The Plant Dumps Its Wastewater. According to the Florida Times-Union, “The report on the mill outside Palatka amounts to a test of whether roughly $200 million in plant upgrades done over a decade made the mill clean enough to not harm Rice Creek, the St. Johns tributary where mill wastewater can comprise 90 percent of the creek’s flow. […] A year of fresh data shows that water standards ‘cannot be met in Rice Creek, even with the mill process improvements,’ says a consultant’s report Georgia-Pacific ordered under directions from the Florida Department of Environmental Protection. It’s one of two reports the company filed this month.” [Florida Times-Union, 7/27/10]

Residue In the Plant’s Wastewater Makes It “Darker And Saltier” Than State Rules Allow And, The Water Was Toxic To Water Fleas And Harmful To The Flathead Minnow. According to the Florida Times-Union, “Wood residue in the mill’s wastewater makes it darker and saltier than state rules allow in freshwater creeks and rivers. The new report also says long-term exposure to the wastewater was toxic to water fleas and sometimes harmed a second animal, the flathead minnow. Those species were picked for the study because they were known to be very sensitive, said Melissa Long, an Environmental Protection administrator.” [Florida Times-Union, 7/27/10]

A Judge Approved An Order In 2002 To Build A Pipeline To Send The Wastewater To The Larger St Johns River If The Plant Upgrades Were Not Sufficient. According to the Florida Times-Union, “A state administrative judge approved an order in 2002 that said a pipeline should be built into the much larger St. Johns if the upgrades didn’t solve the problem. [Florida Times-Union, 7/27/10]

“River Advocates” Have Opposed The Pipeline, Because “Pollution Shouldn’t Be Shifted To A Bigger Waterway In Hopes Of Diluting It.” According to the Florida Times-Union, “Reports the company sent to state officials last month said the creek still didn’t pass muster, although it’s much cleaner than a decade ago. ‘If we’re going to meet water quality standards consistently and reliably, it’s really necessary to go ahead with the pipeline,’ company public affairs manager Jeremy Alexander told the city board. That idea has been opposed for years by river advocates who say pollution shouldn’t be shifted to a bigger waterway in hopes of diluting it. Strong said his agency is still reading the highly technical reports carefully and isn’t ready to agree with Georgia-Pacific’s conclusions.” [Florida Times-Union, 8/9/10]

Central Florida Planned To Use St. Johns River As A Water Source Which Would Drain The Water And Cause The Pollutants To Become Less Diluted. According to the Orlando Sentinel, “Central Florida has already targeted the 310-mile-long St. Johns River as the cheapest source of water for a growing population. But one drawback of the plans being made to withdraw large quantities of water from the river, according to the environmentalists and North Florida communities that have vigorously contested the region’s plans, is that pollutants can become more concentrated and environmentally ruinous downstream as a result.” [Orlando Sentinel via LexisNexis, 9/27/10]

Orlando Sentinel: “Georgia-Pacific Backed Out Of A Widely Anticipated Community Forum On What To Do About The Huge Employer’s Polluting Of The St. Johns River With Wastewater.” According to the Orlando Sentinel, “Frustration rippled through Palatka last week after Georgia-Pacific backed out of a widely anticipated community forum on what to do about the huge employer’s polluting of the St. Johns River with wastewater from an aging paper mill.” [Orlando Sentinel via LexisNexis, 9/27/10]

2011: Dioxin Levels In Georgia-Pacific’s Wastewater Were Higher Than Those Allowed By Law

2011: Dioxin Levels In Georgia-Pacific’s Wastewater Were Higher Than Those Allowed By Law. According to the Jacksonville Business Journal, “At issue is the amount of dioxin in Georgia-Pacific’s wastewater and the method of testing for it. The federal and state-approved testing is not sensitive enough to detect the level of dioxin allowed by law. An unapproved method of testing has detected more than is allowed by law, said Herschel Vinyard, secretary of the Department of Environmental Protection.” [Jacksonville Business Journal, 10/28/11]

St. Johns Riverkeeper Expressed Concern About The Amount Of Dioxin Being Released Into The St. John River. According to the Jacksonville Business Journal, “St. Johns Riverkeeper Neil Armingeon expressed his support Monday for Jacksonville City Councilman Jim Love’s resolution to delay granting a discharge permit to Georgia-Pacific. ‘The public, who stand to lose the most, have a right to have our questions answered,’ Armingeon said. in a noon news conference at Jacksonville City Hall. Armingeon said he concerned about the amount of dioxin on being discharged by the company into the St. Johns River. Georgia-Pacific officials said they are in compliance with environmental regulations. Love’s resolution asks the” [Jacksonville Business Journal, 10/17/11]

Legislation To Encourage Studying Dioxin Discharges And Manufacturing Processes Was Weakened To Leave Such Research At The Discretion Of The Florida Department of Environmental Protection. According to the Florida Times-Union, “Jacksonville’s City Council is due to vote today on a resolution that comments on state permitting for wastewater disposal at the Georgia-Pacific paper mill near Palatka. But the bill (2011-607) that once encouraged closer study of dioxin discharges and manufacturing processes now basically says the Department of Environmental Protection should use its best judgment, and stops at that. And the newer version doesn’t even mention a planned wastewater pipeline to the St. Johns River, which was what the original bill sought to delay.” [Florida Times-Union, 12/13/11]

2011: The Florida Department Of Environmental Protection Announced The Renewal Of An Industrial Wastewater Permit That Allowed Georgia-Pacific To Dump Wastewater Into Rice Creek. According to the Jacksonville Business Journal, “The Florida Department of Environmental Protection will approve the renewal of an industrial wastewater permit to allow Georgia-Pacific in Palatka to continue dumping wastewater into Rice Creek, and eventually the St. Johns River. Greg Strong, director of the DEP’s Northeast District, said this renewed permit, which has been administratively continued since it expired in 2007, will allow the company to continue to discharge wastewater. However, it will have tougher water quality requirements, including the reduction of nutrients such as nitrogen and phosphorus, which can create algal blooms. Strong said Georgia-Pacific is already meeting the latest requirements, and the department will approve the permit renewal fairly soon.” [Jacksonville Business Journal, 6/15/11]

The Pipeline Intended To “Ease Environmental Problems In Rice Creek” Was Planned For Over A Decade. According to the Florida Times-Union, “Long said the project ‘will lead to a net environmental benefit,’ quoting the wording of a court ruling that set the stage for pipeline construction at Georgia-Pacific’s mill near Palatka. The 36-inch pipeline has been planned for more than a decade to ease environmental problems in Rice Creek, a St. Johns tributary where the mill has released wastewater since the 1940s. The wastewater makes the creek too dark and salty to meet state clean-water standards, and water fleas chronically exposed to the creek struggle to reproduce.” [Florida Times-Union, 6/16/11]

Georgia-Pacific Planned The St. Johns River Pipeline Because It No Longer Met The “Color And Freshwater Standards” Required For Rice Creek. According to the Jacksonville Business Journal, “The Georgia-Pacific mill in Palatka manufactures paper tissue for toilet paper, paper towels and napkins. It discharges wastewater into Rice Creek, which flows into the St. Johns River. The company is required to build a pipeline into the St. Johns River because it doesn’t meet color and freshwater standards for Rice Creek. But the manufacturer needs the discharge permit to use the pipeline, Love said.” [Jacksonville Business Journal, 10/28/11]

St. Johns Riverkeeper Led A Protest Against Georgia-Pacific’s Proposed Pipeline, Which Redirected Waste From Their Paper Mill Directly Into The St. Johns River. According to the Jacksonville Business Journal, “About 50 people gathered outside the Florida Department of Environmental Protection district office in Downtown Jacksonville Thursday with signs and a glass of clean water to protest the construction of a pipeline that would dump millions of gallons of wastewater into the St. Johns River. The proposed pipeline would redirect waste from the Georgia-Pacific paper mill from Rice Creek into the river. The department has yet to give final approval to the project, and some people are anxious to get the proposal off the table. St. Johns Riverkeeper Neil Armingeon said the turnout at the protest showed that people from all over Northeast Florida care about the issue and want to find an alternative solution to the pipeline. ‘We’re not against Georgia-Pacific,’ Armingeon said, ‘but we’re not going to sit idly by and let them pollute the hell out of the river.’” [Jacksonville Business Journal, 6/9/11]

2009: St. Johns Experienced “Massive Algal Bloom”

Littlepage: “A Massive Algal Bloom Turned “Much Of The St. Johns River Into A Green, Gooey, Stinky Mess In 2005. It Reappeared In 2009.” According to an opinion by columnist Ron Littlepage in the Florida-Times Union, “If you’re not familiar with the Green Monster, it’s best to hope that you don’t get a first-hand introduction. That’s the name attached to a massive algal bloom that turned much of the St. Johns River into a green, gooey, stinky mess in 2005. It reappeared in 2009.” [Ron Littlepage – Florida Times-Union, 6/14/13]

Large Algal Blooms In the St. Johns River Caused High Fish Kills

Large Fish Kills Were Reported In The St. Johns River Because Of Algal Blooms. According to the Florida Independent, “Reports of a vast number of redfish deaths in the St. Johns River have Jacksonville residents, and many more throughout Florida, worried. The river is host to hundreds of species of birds, fish and other wildlife and, at 310 miles long, it flows through 12 of Florida’s 67 counties. Since May 25, the Florida Fish and Wildlife Commission has received at least 49 reports of dead fish in the river. Catalina Brown, a scientist with the FFWC, says the deaths cannot be attributed to the recent gulf oil spill, but are instead the result of a recent rise in algal blooms — blooms perhaps exacerbated by local industry runoff. Algal blooms almost always lead to fish kills. Not only do algae release toxins, but they use up copious amounts of oxygen when they die. They also cut off sunlight needed for underwater plant life to flourish.” [Florida Independent, 6/8/10]

Runoff From The GP Paper Mill Added Phosphorus And Nitrogen To The River, Nutrients That Cause Algal Blooms. According to the Florida Independent, “These algal blooms, though typical, generally occur on a much more limited scale, and not this early in the summer. Jimmy Orth, of St. Johns Riverkeeper, says that these recent cases are simply astounding. […] Orth views the problem as one indicative of river neglect. ‘Our river is sick, and these fish deaths are a symptom,’ he says. ‘It’s hard to point the finger at any one industry when there are numerous culprits, but the root problem is the amount of excessive nutrients — namely, phosphorus and nitrogen — in the water, which come from runoff.’ That runoff comes from residential fertilizers, community waste-water and large corporations like Georgia-Pacific, one of the single-largest contributors of nutrients to the river. GP’s Palatka-based pulp and paper mill sits on nearly 6,000 acres of Rice Creek, a tributary of the St. Johns, and contributes both phosphorus and nitrogen to the river. And, coincidentally enough, a large algal bloom was recently spotted in the creek.” [Florida Independent, 6/8/10]

Director Of The Clean Water Network Of Florida: Georgia-Pacific Has Been Operating On An Expired Permit But Even With A Permit There Would Be No Limit On Nutrient Discharge. According to the Florida Independent, “Linda Young, the director of the Clean Water Network of Florida, says that these so-called ‘naturally occurring’ algal blooms are anything but: ‘The organisms that comprise the algal blooms may be natural but the blooms themselves are not. They are purely the result of excessive nutrients.’ And, according to Young, these nutrients are the result of lax rules for big businesses like Georgia-Pacific and Jacksonville’s own JEA: ‘Georgia-Pacific has been operating on an expired permit for the past few years, but the permit doesn’t really do much good anyway. The permit has no limit on nutrient discharge and any promised new permits will have no limits, either. The state is working to protect these companies, instead of protecting us or our water.’” [Florida Independent, 6/8/10]

2012: Secretary of the Florida Department of Environmental Protection Greenlighted Waste Pipeline Into St. Johns River

Georgia-Pacific’s Proposed Pipeline Carried Waste Away From The Palatka Paper Mill Into The St. Johns River. According to News4Jax.com, “A proposed pipeline that will carry waste away from a Palatka paper mill into the St. Johns River has been given the green light. The Secretary of the Florida Department of Environmental Protection made the announcement Thursday. It’s been a battle between Georgia-Pacific and environmentalists for years. The DEP says the environmental community has been actively involved in the permit negotiations and is on board with this measure.” [News4Jax.com, 10/4/12]

• Georgia-Pacific’s Wastewater Discharge Pipeline Carried A $30 Million Price Tag. According to the Jacksonville Business Journal, “Georgia-Pacific is confident it will be allowed to build a $30 million pipeline to discharge its plant’s wastewater directly into the St. Johns River, but opponents have one last shot at blocking the project.” [Jacksonville Business Journal, 2/11/11]

The Secretary Of The Florida Department Of Environmental Protection Announced That Georgia-Pacific’s Pipeline Project Had “Been Given The Green Light.” According to News4Jax.com, “A proposed pipeline that will carry waste away from a Palatka paper mill into the St. Johns River has been given the green light. The Secretary of the Florida Department of Environmental Protection made the announcement Thursday. It’s been a battle between Georgia-Pacific and environmentalists for years. The DEP says the environmental community has been actively involved in the permit negotiations and is on board with this measure.” [News4Jax.com, 10/4/12]

The Pipeline Was Originally Proposed In The 1990s, And Approved In 2002 So Long As The Company Took Action To Improve Wastewater Standards And Quality. According to the Jacksonville Business Journal, “Construction on the four-mile underground pipeline from the paper mill on Rice Creek, a tributary of the river, is expected to begin within the next couple of weeks. Georgia-Pacific’s 1.8 million-square-foot plant, located about 50 miles south of Jacksonville, employs about 1,000 people, making it Putnam County’s largest employer. Strong said the industrial wastewater permit is not necessary for authorization of the pipeline construction, but rather it outlines the requirements the paper mill must meet to continue dumping the water. The pipeline was initially proposed in the 1990s. It was approved in 2002 by an administrative law judge, provided the company took action to improve the quality of the wastewater and prove it still could not meet the water standards in Rice Creek.” [Jacksonville Business Journal, 6/17/11]

Georgia-Pacific Spent $200 Million To Improve And Upgrade Their Environmental Operations To Allow The Pipeline To Discharge Into The St. Johns River. According to the Jacksonville Business Journal, “The company is currently building a pipeline for its treated wastewater to St. Johns River after the company couldn’t meet environmental standards for discharging waste water into Rice Creek. Umphress said the company is complying with all regulations and has spent about $200 million in significant improvements and upgrades to their manufacturing operations. ‘Working with FDEP, Georgia-Pacific believes we continue to do the right things to meet our regulatory requirements and protect the health of the river.’” [Jacksonville Business Journal, 10/17/11]

Attempts To Win City Over

Georgia-Pacific Built An Environmental Center As Part Of A Deal To Mitigate The Impact Of The Waste Being Dumped Into The St. Johns River By The Pipeline. According to the Augustine Record, “Plans to develop park raise eyebrows: Palatka’s most valuable piece of land — its riverfront park — is on the verge of big changes. The City Commission recently voted 3-2 to approve construction of a 4,200-square-foot environmental center, funded by Georgia-Pacific, on the riverfront park, moving it from a block that faces the riverfront. They also agreed to put up a river taxi passenger/operations terminal and a restaurant. […] The 100 block, as residents call it, is one of two city blocks across from the park. Both are owned by the city. Georgia-Pacific is funding the environmental center as part of ordered mitigation for a pipeline that will be used to dump treated waste water from the company’s mill into the St. Johns River. Three buildings planned” [Augustine Record, 10/23/12]

Local Criticism

Ronald Littlepage: “The Koch Brothers Are Poisoning Our River And Our Politics.” According to an opinion by columnist Ronald Littlepage for the Florida Times-Union, “The Koch brothers are poisoning our river and our politics. If you’re not familiar with Charles and David Koch, you should bone up on them. Among the mega-rich, Forbes estimates their fortunes at $25 billion each, the brothers’ family-owned companies stretch from oil and gas refineries to fertilizer production to paper mills. They have poured hundreds of millions of dollars into right-wing, ultra-conservative causes – a political philosophy they come by naturally. Their father, Fred, was a founding member of the John Birch Society. The causes they support generally benefit their businesses. For instance, they have spent lavishly on debunking climate change and the need to reduce carbon in the atmosphere, which isn’t surprising since they rely on oil and coal production for huge profits. They are avidly anti-government regulations, also not surprising since one of their companies is Georgia-Pacific and they have a less than stellar environmental record. Despite the billboards Georgia-Pacific has put up along interstate highways proclaiming the company’s love for the St. Johns River, you don’t pipe 40 million gallons of polluted wastewater into the middle of the St. Johns daily, which is exactly what the Georgia-Pacific paper mill in Palatka is doing.” [Ronald L. Littlepage – Florida Times-Union -, 10/10/12]

Littlepage: Georgia-Pacific’s Paper Mill In Putnam County Planned A Pipeline That Would Dump 28 Million Gallons Of Wastewater Into The St. Johns River Every Day. According to an opinion by columnist Ronald Littlepage for the Florida Times-Union,, “That’s the kind of job Florida has been doing in ensuring the health of our rivers and streams. This is a particularly critical time for the St. Johns River. Not only are environmental protections being weakened, the Georgia-Pacific paper mill in Putnam County is moving inexorably ahead with plans to build a 4-mile pipeline to dump its polluted effluent into the heart of the St. Johns. After polluting Rice Creek for more than 60 years, Georgia-Pacific wants to move its pollution to the river rather than taking the necessary steps to further clean its wastewater. A recent study conducted at the request of the St. Johns Riverkeeper provided the evidence that shows the mill could meet the water quality standards needed to keep discharging into Rice Creek and that the alternative would be cheaper than the $40 million pipeline. Still, Georgia-Pacific is proceeding with building the pipeline, which would put up to 28 million gallons of wastewater into the middle of the river daily. The mill is part of the empire owned by the billionaire Koch brothers, who have been poisoning our politics with their anti-government agenda and who now want to poison our river.” [Florida Times-Union – Ronald L. Littlepage, 5/5/11]

2013: St. Johns Experienced Large Algal Bloom

The St. Johns River Experienced A Large Algae Bloom In Spring 2013. According to the Florida Times-Union, “The work announced Thursday is meant to shrink levels of nitrogen and phosphorus in the river, cutting off nourishment for algae blooms that can choke downstream areas including Jacksonville during summer months. A large bloom that developed this spring near Tocoi in St. Johns County added urgency to the effort.” [Florida Times-Union, 5/31/13]

Columnist Ron Littlepage: “In The St. Johns River Near Tocoi… An Algal Bloom Covered 10 Square Miles Of The River From Bank To Bank At The End Of April.” According to an opinion by columnist Ron Littlepage for the Florida Times-Union, “Last Thursday morning, we were at the scene of a crime. It was there in the St. Johns River near Tocoi that an algal bloom covered 10 square miles of the river from bank to bank at the end of April.” [Ron Littlepage – Florida Times-Union, 6/2/13]

Littlepage: “The Heart Of The Problem Is The River Is Overloaded With Nutrients.” According to an opinion by columnist Ron Littlepage for the Florida-Times Union, “The heart of the problem is the river is overloaded with nutrients. This particular blue green algae thrives in fresh water. And it thrives on heat.” [Ron Littlepage – Florida Times-Union, 6/14/13]

Littlepage: “In 2004, The State Department Of Environmental Protection Developed Standards For The Amount Of Nutrients The River Could Handle… Environmentalists Insisted” The Standards Weren’t Stringent Enough. According to an opinion by columnist Ron Littlepage in the Florida-Times Union, “The nutrients that are causing the blooms come from fertilizer, storm water runoff, septic tanks, wastewater treatment plants and industries. In 2004, the state Department of Environmental Protection developed standards for the amount of nutrients the river could handle and remain healthy. The debate during that process was fierce with developers, farmers and business groups on one side and environmentalists on the other. The environmentalists insisted the total daily loads DEP set for the river were too high. DEP assured they weren’t.” [Ron Littlepage – Florida Times-Union, 6/14/13]

• Littlepage: “The DEP Now Says That Nutrients Have Been Reduced Enough That 90 Percent Of The Goal Has Been Met… Why Then Is The Green Monster Still Lurking?” According to an opinion by columnist Ron Littlepage in the Florida-Times Union, “The DEP now says that nutrients have been reduced enough that 90 percent of the goal has been met. Question: Why then is the Green Monster still lurking? It’s beginning to look like those who argued the DEP’s numbers were off the mark were right.” [Ron Littlepage – Florida Times-Union, 6/14/13]

• Littlepage: “It’s Beginning To Look Like Those Who Argued The DEP’s Numbers Were Off The Mark Were Right.” According to an opinion by columnist Ron Littlepage in the Florida-Times Union, “The DEP now says that nutrients have been reduced enough that 90 percent of the goal has been met. Question: Why then is the Green Monster still lurking? It’s beginning to look like those who argued the DEP’s numbers were off the mark were right.” [Ron Littlepage – Florida Times-Union, 6/14/13]

2015: Georgia-Pacific Plant In Palatka Had Been In Non-Compliance With The Clean Water Act for 10 of 12 Previous Quarters

2015: The Georgia-Pacific Palatka Plant Has Been In Non-Compliance With The Clean Water Act 10 Of The Last 12 Quarters. According to the EPA’s detailed facility report on the Georgia-Pacific plant in Palatka, Florida, the plant has been non-compliant with the Clean Water Act in 10 of the last 12 quarters. [EPA, accessed 2/15/15]

Georgia Pacific Plants and Pollution In Nearby Schools

Ochwilla

Georgia-Pacific Corp. Palatka And Georgia-Pacific Hawthorne Plywood Both Listed Among Facilities “Most Responsible For Toxics Outside” Ochwilla Elementary School. According to a special report by USA Today, Georgia-Pacific Corp. Palatka in Palatka, Florida and Georgia-Pacific Hawthorne Plywood in Hawthorne, Florida are “polluters most responsible for toxics outside” Ochwilla Elementary School in Hawthorne, Florida. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

Ochwilla Elementary School Was In The 39th Percentile In The Country For Exposure To Cancer Causing Toxics And Toxic Chemicals. According to a special report by USA Today, Ochwilla Elementary School ranked in the 39^th percentile for exposure to cancer-causing chemicals and other toxic chemicals. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

• Georgia-Pacific Hawthorne Plywood Produces Manganese And Manganese Compounds. According to a special report by USA Today, “Toxic chemicals emitted by” Georgia-Pacific Hawthorne Plywood include “manganese and manganese compounds.” [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

• Manganese and Manganese Compounds Represent 7% Of The Overall Toxicity At Ochwilla Elementary School. According to a special report by USA Today, “Manganese and manganese compounds” represent “7% of overall toxicity” at Ochwilla Elementary School. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

• Symptoms Of Exposure To Manganese Include “Mental And Emotional Disturbances And Slow And Clumsy Body Movements – A Disease Of The Brain Called Manganism. Children Are More Vulnerable To Such Exposure Than Adults.” According to a special report by USA Today, “Manganese is used to produce pesticides, batteries, and other industrial products. Although trace elements are found in food and are considered essential for good health, overexposure for long periods can cause mental and emotional disturbances and slow and clumsy body movements – a disease of the brain called manganism. Children are more vulnerable to such exposure than adults.” [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

• Georgia-Pacific Corp Palatka Produces Chlorine Dioxide, Acetaldehyde, Formaldehyde, Hydrochloric Acid, And Ammonia. “Toxic chemicals emitted by” Georgia-Pacific Corp. Palatka include “Chlorine Dioxide, Acetaldehyde, Formaldehyde, Hydrochloric Acid, [and] Ammonia.” [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

• Chlorine Dioxide Represents 8% Of Overall Toxicity At Ochwilla Elementary School, And Hydrochloric Acid Represents 3%. According to a special report by USA Today, “Chlorine dioxide” represent “8% of overall toxicity” and “Hydrochloric acid” represents “3% of overall toxicity” at Ochwilla Elementary School. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

C.H. Price

Georgia-Pacific Corp. Palatka Listed Among Facilities “Most Responsible For Toxics Outside” C.H. Price Middle School. According to a special report by USA Today, Georgia-Pacific Corp. Palatka in Palatka, Florida is one of the “polluters most responsible for toxics outside” C.H. Price Middle School in Interlachen, Florida. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

C.H. Price Middle School Was In The 31st Percentile In The Country For Exposure To Cancer Causing Toxics And Toxic Chemicals. According to a special report by USA Today, C.H. Price Middle School ranked in the 31^st percentile for exposure to cancer-causing chemicals and other toxic chemicals. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

• Georgia-Pacific Corp Palatka Produces Chlorine Dioxide, Acetaldehyde, Formaldehyde, Hydrochloric Acid, And Ammonia. “Toxic chemicals emitted by” Georgia-Pacific Corp. Palatka include “Chlorine Dioxide, Acetaldehyde, Formaldehyde, Hydrochloric Acid, [and] Ammonia.” [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

• Chlorine Dioxide Represents 10% Of Overall Toxicity At C.H. Price Middle School. According to a special report by USA Today, “Chlorine dioxide” represent “10% of overall toxicity” at C.H. Price Middle School. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

Browning-Pearce

Georgia-Pacific Corp. Palatka Listed Among Facilities “Most Responsible For Toxics Outside” Browning-Pearce Elementary School. According to a special report by USA Today, Georgia-Pacific Corp. Palatka in Palatka, Florida is one of the “polluters most responsible for toxics outside” Browning-Pearce Elementary School in San Mateo, Florida. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

Browning-Pearce Elementary School Was In The 24th Percentile In The Country For Exposure To Cancer Causing Toxics And Toxic Chemicals. According to a special report by USA Today, Browning-Pearce Elementary School ranked in the 24^th percentile for exposure to cancer-causing chemicals and other toxic chemicals. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

• Georgia-Pacific Corp Palatka Produces Chlorine Dioxide, Acetaldehyde, Formaldehyde, Hydrochloric Acid, And Ammonia. “Toxic chemicals emitted by” Georgia-Pacific Corp. Palatka include “Chlorine Dioxide, Acetaldehyde, Formaldehyde, Hydrochloric Acid, [and] Ammonia.” [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

• Chlorine Dioxide Represents 11% Of Overall Toxicity At Browning-Pearce Elementary School. According to a special report by USA Today, “Chlorine dioxide” represent “11% of overall toxicity” at Browning-Pearce Elementary School. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

James A. Long

Georgia-Pacific Corp. Palatka Listed Among Facilities “Most Responsible For Toxics Outside” James A. Long Elementary School. According to a special report by USA Today, Georgia-Pacific Corp. Palatka in Palatka, Florida is one of the “polluters most responsible for toxics outside” James A. Long Elementary School in Palatka, Florida. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

James A. Long Elementary School Was In The 6th Percentile In The Country For Exposure To Cancer Causing Toxics And Toxic Chemicals. According to a special report by USA Today, James A. Long Elementary School ranked in the 6^th percentile for exposure to cancer-causing chemicals and other toxic chemicals. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

• Georgia-Pacific Corp Palatka Produces Chlorine Dioxide, Acetaldehyde, Formaldehyde, Hydrochloric Acid, And Ammonia. “Toxic chemicals emitted by” Georgia-Pacific Corp. Palatka include “Chlorine Dioxide, Acetaldehyde, Formaldehyde, Hydrochloric Acid, [and] Ammonia.” [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

• Chlorine Dioxide Represents 12% Of Overall Toxicity At James A. Long Elementary School. According to a special report by USA Today, “Chlorine dioxide” represent “12% of overall toxicity” at James A. Long Elementary School. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

Robert H. Jenkins

Georgia-Pacific Corp. Palatka Listed Among Facilities “Most Responsible For Toxics Outside” Robert H. Jenkins Junior Middle School. According to a special report by USA Today, Georgia-Pacific Corp. Palatka in Palatka, Florida is one of the “polluters most responsible for toxics outside” Robert H. Jenkins Junior Middle School in Palatka, Florida. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

Robert H. Jenkins Junior Middle School Was In The 6th Percentile In The Country For Exposure To Cancer Causing Toxics And Toxic Chemicals. According to a special report by USA Today, Robert H. Jenkins Junior Middle School ranked in the 6^th percentile for exposure to cancer-causing chemicals and other toxic chemicals. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

• Georgia-Pacific Corp Palatka Produces Chlorine Dioxide, Acetaldehyde, Formaldehyde, Hydrochloric Acid, And Ammonia. “Toxic chemicals emitted by” Georgia-Pacific Corp. Palatka include “Chlorine Dioxide, Acetaldehyde, Formaldehyde, Hydrochloric Acid, [and] Ammonia.” [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

• Chlorine Dioxide Represents 12% Of Overall Toxicity At Robert H. Jenkins Junior Middle School. According to a special report by USA Today, “Chlorine dioxide” represent “12% of overall toxicity” at Robert H. Jenkins Junior Middle School. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

Mellon

Georgia-Pacific Corp. Palatka Listed Among Facilities “Most Responsible For Toxics Outside” Mellon Elementary School. According to a special report by USA Today, Georgia-Pacific Corp. Palatka in Palatka, Florida is one of the “polluters most responsible for toxics outside” Mellon Elementary School in Palatka, Florida. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

Mellon Elementary School Was In The 11th Percentile In The Country For Exposure To Cancer Causing Toxics And Toxic Chemicals. According to a special report by USA Today, Mellon Elementary School ranked in the 11^th percentile for exposure to cancer-causing chemicals and other toxic chemicals. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

• Georgia-Pacific Corp Palatka Produces Chlorine Dioxide, Acetaldehyde, Formaldehyde, Hydrochloric Acid, And Ammonia. “Toxic chemicals emitted by” Georgia-Pacific Corp. Palatka include “Chlorine Dioxide, Acetaldehyde, Formaldehyde, Hydrochloric Acid, [and] Ammonia.” [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

• Chlorine Dioxide Represents 16% Of Overall Toxicity At Mellon Elementary School. According to a special report by USA Today, “Chlorine dioxide” represent “16% of overall toxicity” at Mellon Elementary School. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

Palatka High

Georgia-Pacific Corp. Palatka Listed Among Facilities “Most Responsible For Toxics Outside” Palatka High School. According to a special report by USA Today, Georgia-Pacific Corp. Palatka in Palatka, Florida is one of the “polluters most responsible for toxics outside” Palatka High School in Palatka, Florida. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

Palatka High School Was In The 11th Percentile In The Country For Exposure To Cancer Causing Toxics And Toxic Chemicals. According to a special report by USA Today, Palatka High School ranked in the 11^th percentile for exposure to cancer-causing chemicals and other toxic chemicals. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

• Georgia-Pacific Corp Palatka Produces Chlorine Dioxide, Acetaldehyde, Formaldehyde, Hydrochloric Acid, And Ammonia. “Toxic chemicals emitted by” Georgia-Pacific Corp. Palatka include “Chlorine Dioxide, Acetaldehyde, Formaldehyde, Hydrochloric Acid, [and] Ammonia.” [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

• Chlorine Dioxide Represents 16% Of Overall Toxicity At Palatka High School. According to a special report by USA Today, “Chlorine dioxide” represent “16% of overall toxicity” at Palatka High School. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

Central Academy

Georgia-Pacific Corp. Palatka Listed Among Facilities “Most Responsible For Toxics Outside” Central Academy. According to a special report by USA Today, Georgia-Pacific Corp. Palatka in Palatka, Florida is one of the “polluters most responsible for toxics outside” Central Academy in Palatka, Florida. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

Central Academy Was In The 11th Percentile In The Country For Exposure To Cancer Causing Toxics And Toxic Chemicals. According to a special report by USA Today, Central Academy ranked in the 11^th percentile for exposure to cancer-causing chemicals and other toxic chemicals. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

• Georgia-Pacific Corp Palatka Produces Chlorine Dioxide, Acetaldehyde, Formaldehyde, Hydrochloric Acid, And Ammonia. “Toxic chemicals emitted by” Georgia-Pacific Corp. Palatka include “Chlorine Dioxide, Acetaldehyde, Formaldehyde, Hydrochloric Acid, [and] Ammonia.” [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]

• Chlorine Dioxide Represents 13% Of Overall Toxicity At Central Academy. According to a special report by USA Today, “Chlorine dioxide” represent “13% of overall toxicity” at Central Academy. [USA Today Special Report: The Smokestack Effect: Toxic Air And America’s Schools, Viewed 12/18/14]