By Mitch Perry, Florida Phoenix
A Tallahassee administrative judge on Monday recommended the Florida Department of Environmental Protection (DEP) deny a permit to drill for oil and gas in the Apalachicola River Basin in Northwest Florida.
Administrative Law Judge Lawrence P. Stevenson wrote that he might have ruled differently had Clearwater Land and Minerals LLC, the company intending to drill, presented a better plan for stormwater containment on the site, located in rural Calhoun County.
On April 26, 2024, the DEP issued the proposed permit to Clearwater, authorizing the company “to drill a directional exploratory well.” That permit was challenged in June 2024 by Apalachicola Riverkeeper, a nonprofit dedicated to the protection, restoration, and stewardship of the Apalachicola River and Apalachicola Bay.
The drilling site is within the 100-year floodplain of the Apalachicola River basin.
Riverkeeper has said that that if a spill were to occur at the site, it would have catastrophic consequences due to the proximity of the proposed well to the nearby streams, wetlands, and bodies of water, which would compound the difficulty of cleaning up the spill.
In testimony during an administrative hearing held in December, William K. Jones, described by the judge as an expert in the field of civil engineering and hydrology, was critical of the stormwater management design proposed by Clearwater. He described it as adequate for “a Dollar General in Blountstown,” but not to contain the toxic materials involved in the oil drilling process. (Blounstown is the Calhoun County seat).
“Mr. Jones’s detailed criticisms, set forth in the Findings of Fact above, established persuasively that the stormwater management plan originally proposed was inadequate,” Judge Stevenson wrote.
The judge also was critical of the DEP’s contention that, “because no commenting agency identified it as such, the proposed location by definition cannot be a ‘sensitive environment.’”
“First, DEP is abdicating its own duty to identify and protect sensitive environments by relying on what were, for the most part, very cursory reviews by the commenting agencies,” Judge Stevenson wrote.
“The more reasonable way to read the rule is that it allows commenting agencies to supplement DEP’s analysis, not replace it or absolve DEP from examining environmental issues. If DEP has previously found that an area contains a sensitive environment, it makes no sense that the rule would allow the Calhoun Board of County Commissioners to negate DEP’s finding.”
The order comes as the Florida Legislature was moving on a proposal (HB 1143) to ban oil exploration and drilling near the Apalachicola River. Last week, the Florida Senate took up and passed the House version with an amendment prohibiting drilling, exploration, or production of oil, gas, or other petroleum products in counties designated as “rural areas of opportunity” within 10 miles of a National Estuarine Research Reserve — meaning Gulf, Liberty, Franklin, and Calhoun counties.
Deepwater Horizon
In advocating for the bill, the co-sponsor of the measure in the House, North Florida Republican Jason Shoaf, noted the recent 15th anniversary of of the BP Deepwater Horizon oil spill, an event that led to miles of oiled beaches in the Florida Panhandle.
“During the oil spill, just the threat of oil coming to our area completely crippled our economy and now we face another threat that is starting to really scare the entire community,” Shoaf said.
Because the bill was amended, it needs to go back to the House again for a final vote. The regular legislative session is scheduled to end this Friday, May 2. If the bill is passed, it would then go to Gov. Ron DeSantis’ desk.
Stevenson’s recommended order released on Monday now must go back to the Department of Environmental Protection for a final order.
Administrative judges in Florida are employed by the Division of Administrative Hearings (DOAH) within the Florida Department of Management Services. They serve as independent adjudicators, presiding over formal administrative hearings, where they act as both judge and jury to resolve disputes between state agencies and individuals or entities affected by agency decision.
Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: info@floridaphoenix.com. Banner photo: Apalachicola Bluffs and Ravines Preserve (Chris M. Morris, CC BY 2.0, via Wikimedia Commons).
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