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Florida beach town faces explosive fight over ethanol plant • Florida Phoenix

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Florida beach town faces explosive fight over ethanol plant • Florida Phoenix


Because I grew up in Florida’s white-sand Panhandle, I consider myself a connoisseur of our most beautiful beaches. Trust me when I tell you the ones in Fernandina Beach are quite lovely — 13 miles of pristine quartz sand at the tip of Amelia Island, fronting the Atlantic Ocean close to the Georgia border.

A couple of years ago, “Southern Living” named Fernandina one of the South’s Prettiest Towns, in part because of its 52-block historic district that includes Florida’s oldest bar, the Palace Saloon. Adding to the enjoyment of my visit there, Fernandina is the birthplace of Florida’s modern shrimping industry, and I love shrimp as much as Forrest Gump’s Army buddy Bubba.

So, imagine my surprise when I heard that the multinational corporation Rayonier wants to build a factory there. Not just any factory, either. It’s a bioethanol plant that would produce about 7.5 million gallons of the alternative fuel each year.

Not everyone in Fernandina Beach is thrilled about this.

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Julie Ferreira of Nassau Sierra Club via screengrab

“We’re not against ethanol,” Julie Ferreira of the Sierra Club’s Nassau County chapter told me this week. “We’re just against where they want to put it.”

Among other things, opponents are worried about the tendency of such plants to blow up. In just the past two years there have been ethanol plant explosions in Iowa, Illinois, Nebraska, Kentucky, Wisconsin, and South Dakota.

Six explosions in two years — that’s not exactly a reassuring safety record.

The city’s comprehensive plan for future growth specifically says no chemical or petroleum plants are allowed to be built in Fernandina Beach. The city’s own attorneys said that means Rayonier can’t legally build this plant in the city.

But Rayonier disagrees, contending that its plant would not use chemical processes and thus isn’t covered by the comp plan. Its efforts have been aided by its connections with some powerful folks. That includes the mayor, who coincidentally works for Rayonier.

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So far, the company has the upper hand in this fight — thanks in large part to our fine Florida Legislature, which recently changed the rules on challenging pollution permits.

Picture David versus Goliath, except David has to tie one hand behind his back, because of course the Legislature felt sorry for poor Goliath.

Just like beer

Rayonier built its first plant in Fernandina in 1937, so it kiiiiind of fits with the historic district.

That plant is a pulp mill, turning wood into paper products. It employs more than 300 people.

A year ago, the company proposed using a sugar byproduct of the pulp process to create ethanol, which is used not only as a fuel additive (more than 98% of gasoline in the U.S. contains some) but also as food coloring and a solvent. Rayonier proposed this because “there is growing demand for renewable alternatives to petroleum-based products,” company spokesman Mark Homans told me. “We’ve operated in Fernandina Beach for nearly 85 years. To stay competitive, we have to keep innovating.”

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“Fundamentally, the process … is the same fermentation process used to make beer,” the company’s attorneys contended in a legal motion. Somehow, though, breweries don’t blow up nearly as often.

Ethanol “is a cleaner, greener alternative to fossil-fuel based gasoline and will help sustain 300 good-paying local manufacturing jobs, be good for local property values, and support the economy in Fernandina Beach,” the company boasted on its website. It even promised that the ethanol plant would lower the amount of harmful air pollution now spewing from the pulp mill.

I’d contacted Rayonier officials to ask for their safety plans for this $50 million grenade — er, excuse me, plant. Homans told me the plant “will include a dedicated fire suppression system and continuous monitoring technology and will also have its own concrete containment area. … It will fully comply with all local, state, and federal regulations.” That last part sounds, as one notorious Florida grifter put it, like “a concept of a plan.”

In March, the Florida Department of Pitiful Shrugs — er, excuse me, “Environmental Protection” — issued a notice that it intended to approve the plant’s air pollution permit. That spurred 150 residents to crowd into what the local paper described as a “country-western themed auditorium” to figure out how to fight back. Yee-haw!

Mayor Bradley Bean from his campaign website

Not joining the fight: Fernandina Beach Mayor Bradley Bean. He’s the son of U.S. Rep. Aaron Bean, who is such a great friend of nature that the League of Conservation Voters gave him a lifetime score of 0%. Clearly, the apple didn’t fall far from the poisonwood tree.

LinkedIn shows the mayor is employed as a storeroom supervisor at the Rayonier pulp plant. He’s also a huge fan of his employer’s ethanol plans.

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“This is a huge, huge environmental win locally and globally,” Bean told the Nassau County Chamber of Commerce in August. “The environmental win locally is the significant reduction in emissions. … I think with that being said, it’s a no-brainer when it comes to what we currently have versus the final state.”

He added that the opponents were spreading ” a lot of misinformation out there about safety.” That comment particularly ticked off Tom Budd, president of No Ethanol Fernandina, who said any misinformation was coming from proponents of the plant.

“This product should not be produced on a barrier island, so close to residences, schools, churches, and our historic downtown,” Budd told the Fernandina Observer.

But soon Budd had to back down, thanks to Florida lawmakers.

A Looney Tunes plan

When I talked to Budd this week, he told me he was directly affected by Rayonier’s ethanol proposal.

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“I live in the shadow of the plant,” the onetime New Jersey tavern owner told me. “When I learned they wanted to add this to the plant, I was curious, so I started to learn about it.”

Tom Budd of No Ethanol Fernandina via screengrab

He not only attended a happy-talk town hall that Rayonier put on, he invited Rayonier officials to visit his home and explain it to him. The main question he asked was a variation on the one Sir Lawrence Olivier asks Dustin Hoffman in “Marathon Man”: “Is it safe?”

The more he heard, the less he liked what was in the works. That’s how he wound up as the head of the No Ethanol Fernandina coalition.

“It became obvious to me that this was a Looney Tunes plan,” he told me.

No Ethanol Fernandina’s first step: challenge the ethanol plant’s DEP pollution permit. Their attorney filed for a trial in front of a judge from the state Division of Administrative Hearings.

“This project did not meet … applicable statutes and regulations required for preconstruction review.,” the attorney, Ralf Brookes, wrote in the petition for the hearing.

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Budd had a professional chemist lined up to testify to the problems with the permit, and at no charge to the organization, either. The case was as good as they could make it — not to stop the plant, but to ensure it would be required to be as safe as possible, Budd explained.

The frequently finicky division agreed that Budd’s petition raised legitimate questions that deserved a fuller investigation. The hearing was set for Nov. 18-20, and in Fernandina Beach to boot.

The two sides took depositions from the witnesses and filed what attorneys call “interrogatories,” which is a $200 word meaning “questions.”

Rayonier refused to provide answers, claiming everything about its manufacturing process was proprietary and confidential. Budd and Brookes had to ask the judge to straighten that out.

But then Rayonier played its ace in the hole, one provided by the Legislature.

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The company’s stable of high-priced attorneys from Lewis, Longman and Walker notified Budd and Brookes that they would file a motion for sanctions to punish them for what they called a “frivolous” lawsuit.

That would mean Budd and Brookes would be on the hook for Rayonier’s legal fees, estimated at $300,000.

Brookes, a sole practitioner, said he couldn’t risk that. He withdrew from the case.

Budd’s own family members who are in the legal profession in other states told him the motion had no merit. But Budd said he couldn’t find anyone else in Florida who would take over the case.

“I don’t know how I could go forward without an attorney,” Budd told me. “So, I had to withdraw.”

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Now there will be no hearing on the permit and nothing to stop DEP from issuing a flawed version to let the project continue.

Balanced like the Leaning Tower

The law that allowed Rayonier’s corporate attorneys to make such an outrageous claim was the brainchild of state Sen. Danny Burgess, R-idiculous, who happens to be a corporate attorney himself in Pasco County.

Sen. Danny Burgess via X

You may recall that Burgess sponsored one of the worst environmental bills last year, one that would have gotten rid of local regulations for cleaner water and protection of wetlands. Thank heaven that one failed to pass.

This bill, however, did pass and Gov. Ron “I Saved Everyone from Stinky Weed Even Though It’s More Popular Than I Am” DeSantis signed it into law without a qualm.

It called for environmental groups and residents to be forced to pay the legal fees for companies and state agencies if they challenge state environmental permits and lose. Before this bill, losing a challenge only involved such a risk if the case was clearly frivolous.

“Whoever is sponsoring that bill — why don’t they just come out and admit they don’t want there to be environmental regulation in Florida?” one environmental attorney commented to Politico when it was first filed.

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Burgess called that hyperbole. He claimed it was “a balanced bill,” which is true only if you think the Leaning Tower of Pisa is balanced.

Burgess’ bill marked one more way our legislators have tilted the law in favor of their donors — major corporations like Rayonier, rapacious developers, phosphate miners, Big Sugar — and against anyone who dares to stand in their way. Their goal: Discourage dissent, which can slow down construction plans and cost money.

But Budd told me the Fernandina fight isn’t furnished.

Elections have consequences

The first step happened Tuesday, when Mayor Bean lost his bid for reelection to the city commission.

The no-brainer mayor was beaten by Joyce Tuten, a retired science teacher who volunteers for sea turtle patrol, shorebird nest protection, and horseshoe crab tagging. She’s made it clear that she’s not a Rayonier fan, as Bean has been.

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When she first heard about Rayonier’s ethanol plans, she told a Jacksonville TV station, her reaction was, “Whoa, wrong location.”

Bean wasn’t the only loser in the commission races, either.

“Every race was won by candidates who favor No Ethanol Fernandina,” Budd told me.

With no one challenging the DEP permit, the crucial decision now is the city building permit. But that permit doesn’t require a vote of the city commission, Budd said. Instead, the decision to issue it or not would fall to the city manager, who works for the city commission.

Sarah Campbell via Fernandina Beach social media

The just-hired city manager is a woman named Sarah Campbell. She’s married to Congressman Bean’s district director, which may have helped with her hiring.

Campbell replaced a guy named Dale Martin, who was fired last year on a 3-2 vote led by Bean. I’m told Martin was opposed to the ethanol plant because he’d worked in Savannah in 2008 when the Imperial Sugar plant there exploded.

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While the decision now seems to be up to Campbell (who starts the job later this month), there’s a catch. Any official who wants to approve the ethanol plant permit will first have to find a way around the comprehensive plan’s ban on chemical plants. It’s either that or amend the plan, Budd said. The latter would require a vote by the commission.

In short, he said, despite withdrawing his permit challenge, “I’m still in the fight.”

I wish Budd and his allies the best of luck. But I’m sure someone in Tallahassee is monitoring the situation and plotting how to tip the scales of justice juuuuust a little further in favor of those unpopular, occasionally exploding polluters. I’m as sure that’s happening as I am that there’s lots of sand at the beach.



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Florida football injury report: QB DJ Lagway practicing, questionable for Texas

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Florida football injury report: QB DJ Lagway practicing, questionable for Texas


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Florida football freshman quarterback DJ Lagway has taken limited reps in practice this week and is listed as questionable on the SEC availability report for the Florida Gators game Saturday at No. 5 Texas (noon, ABC)

Lagway was carted off the field with a hamstring pull during the second quarter of UF’s 38-20 loss to Georgia on Saturday in Jacksonville.

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“He’s trying,” Florida football coach Billy Napier said. “He’s a competitor. You think about him, he’s going back to his home state. He wants to try to find a pathway to make this work. Obviously, it’s touch and go.”

A native of Willis, Texas, Lagway earned Gatorade High School Player of the Year honors at UF, where he’s made an impact as a true freshman. The 6-foot-3, 239-pound Lagway took over as UF’s starting quarterback when Graham Mertz went down with a torn ACL on Oct. 13 at Tennessee and has passed for 1,071 yards on the season with six TDs to five interceptions.

If Lagway can’t go, Florida will turn to third-string quarterback Aidan Warner, who went 7-for-22 for 66 yards and an inteception in relief of Lagway against the Bulldogs.

“He’s gotten a little more comfortable,” Napier said of Warner. “He’s obviously taking a few more reps than he normally does.”

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Also listed as questionable on the SEC availability report are running back Montrell Johnson Jr., who has been out since Oct. 13 with a leg injury, and cornerback Dijon Johnson, who left the game against Georgia in the third quarter with an undisclosed injury.

Starting cornerbacks Jason Marshall Jr. (shoulder) and Devin Moore (knee) both have been ruled out for the Texas game.

Florida football WR Eugene Wilson shelved for the rest of the season

Florida wide receiver Eugene Wilson will sit out the remainder of the 2024 season after undergoing surgery this week.

“It’s a genetic hip issue that got to a point to where we had to clean it up,” Napier said. “So, we exhausted all resources. You know, he’s been in and out of the lineup. Can take a few days off, feel like a million bucks then can go work really hard and have to sit back. I think we made the best decision in his long-term career.”

The 5-foot-10, 181-pound Wilson, who was expected to be a playmaking threat in UF’s offense this season, finished the year with 19 catches for 266 yards and a TD. By appearing in just four games, Wilson could take a redshirt in 2024 and return to UF as a redshirt sophomore with three more years of eligibility. Napier said the recovery time for the surgery is four months.

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“They got to the root of the problem, and we sent him to Chicago probably 10 days ago to see the best hip doctor in the country,” Napier said. “Got done everything we could do to try to help him.”

Also, according to a report from Swamp 247Sports, running back Treyaun Webb underwent surgery to repair a fractured tibia and will miss the rest of the 2024 season. Like Wilson, Webb appeared in just four games and can take 2024 as a redshirt year.

Florida football availability report

Out

— CB Ja’Keem Jackson

— CB Jason Marshall Jr.

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— CB Devin Moore

— WR Eugene Wilson III

— WR Kahleil Jackson

— RB Treyaun Webb

— QB Graham Mertz

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— S Asa Turner

— OL Devon Manuel

— DL Jamari Lyons

Questionable

— QB DJ Lagway

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— RB Montrell Johnson Jr.

— WR Elijhah Badger

— CB Dijon Johnson

— OL Dameion George Jr.

— DL Cam Jackson

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Texas football availability report

Out

— DB Derek Williams Jr.

— RB CJ Baxter

— RB Christian Clark

— RB Velton Gardner

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— DL Vernon Broughton (first half)

Questionable

— DB Andrew Makuba

— DE Colton Vasek

Probable

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— WR Isaiah Bond

Kevin Brockway is The Gainesville Sun’s Florida beat writer. Contact him at kbrockway@gannett.com. Follow him on X @KevinBrockwayG1



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1 of 2 Democratic prosecutors removed by DeSantis in Florida wins back old job

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1 of 2 Democratic prosecutors removed by DeSantis in Florida wins back old job


ORLANDO, Fla. — One of two Democratic state attorneys in Florida who Republican Gov. Ron DeSantis removed from office in what opponents say were political moves won back their old job from voters.

In the Orlando area, Democrat Monique Worrell on Tuesday defeated Andrew Bain, the candidate DeSantis had replaced Worrell with last year and who was running without party affiliation. In the Tampa area, Andrew Warren, who DeSantis removed in 2022, conceded to Suzy Lopez, the Republican DeSantis had picked to replace the Democrat.

DeSantis claimed Worrell failed to prosecute crimes committed by minors and didn’t seek mandatory minimum sentences for gun crimes, putting the public in danger in her central Florida district. She disputed his claims as false and politically driven.

Speaking before supporters Tuesday night, Worrell dedicated the victory to her father who died unexpectedly last June. “Before he took his last breath, he told me, ‘Go get your seat back,’” she said.

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“I want to thank the voters for standing with me and saying, ‘We don’t believe you Ron DeSantis,’” Worrell said.

DeSantis removed Warren over his signing of pledges that he would not pursue criminal charges against seekers or providers of abortion or gender transition treatments as well as his policies on not bringing charges for certain low-level crimes.

“I’m proud of the race we ran,” Warren said in a statement Tuesday night. “The best candidate doesn’t always win, especially when the other side cheats — illegally suspending you, then spending millions of dollars lying about you.”

The governor’s office on Wednesday didn’t immediately respond to an email inquiry.

___

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Follow Mike Schneider on the social platform X: @MikeSchneiderAP.





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Rafael strengthens to Category 2 hurricane, Florida Keys under tropical storm warning

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Rafael strengthens to Category 2 hurricane, Florida Keys under tropical storm warning


Hurricane Rafael has strengthened into a Category 2 storm as it heads toward Cuba, where landfall is expected Wednesday before moving into the Gulf of Mexico.

As of 7 a.m. Wednesday, Rafael was located at 21.0N and 81.6W with maximum sustained winds of 100 miles an hour, moving northwest at 14 miles an hour.

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According to the National Hurricane Center, Rafael will pass through western Cuba on Wednesday as a Category 2 storm.

The National Hurricane Center says Hurricane Rafael will make landfall in Cuba on Wednesday before moving into the Gulf of Mexico.

The NHC says the storm will also bring heavy rain to portions of the western Caribbean, including Jamaica and the Cayman Islands, through early Thursday.

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Where will Rafael go once it reaches the Gulf?

Models have shifted west, indicating that Rafael will turn far away from Florida’s Gulf coast in the coming days.

A tropical storm warning is in effect, however, for the Florida Keys, where some storm impacts are expected Wednesday and early Thursday.

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Models are divided on whether Rafael will head north toward the U.S. Gulf coast, or turn south toward Mexico.

Models are divided on whether Rafael will head north toward the U.S. Gulf coast, or turn south toward Mexico.

As the storm moves through the Gulf, it’s expected to weaken because of cooler water temperatures and increased wind shear.

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FOX 13 Meteorologist Jim Weber says it remains to be seen whether Rafael will make landfall in the U.S., or turn south toward Mexico.

“We may see some big adjustments to the forecast track as we go through the day,” Weber said.

Weber says the Tampa Bay area will see cloudy skies and scattered showers Wednesday and Thursday, with most of Florida’s storm impacts staying to the south.

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