Judge advises Florida to deny drilling permit application near Apalachicola River.
TALLAHASSEE — In a significant decision regarding environmental protection, an administrative law judge has recommended the denial of a permit for oil drilling near the Apalachicola River due to concerns about the area’s ecological sensitivity. Judge Lawrence P. Stevenson issued a comprehensive 53-page order, siding with the environmental advocacy group Apalachicola Riverkeeper. The group challenged the Florida Department of Environmental Protection’s (DEP) earlier decision to issue a draft permit for Louisiana-based Clearwater Land & Minerals Fla. to explore drilling in a region of Calhoun County, located between Tallahassee and Panama City.
The proposed drilling site sits directly within the 100-year floodplain of the Apalachicola River, and within a mile of interconnected ponds that share hydrological links to the river. Surrounding the area are swamplands, with the judge noting that both the DEP and Clearwater had taken a narrow perspective on the environmental implications of the drilling project, focusing only on the immediate site without adequately assessing broader ecological risks.
Judge Stevenson emphasized that a spill at the drilling site could lead to catastrophic consequences, citing the proximity of the well to vital waterways, wetlands, and ponds. This case has garnered significant attention, as both state and federal entities have historically worked to protect the Apalachicola River and Apalachicola Bay, part of the larger Apalachicola-Chattahoochee-Flint river system, which stretches through Georgia, Alabama, and into Florida.
In the current legislative session, Florida lawmakers are deliberating a proposal aimed at preventing oil drilling in this sensitive region. However, a finalized version of the bill (HB 1143) has yet to be determined by both chambers of the Florida legislature.
Following the administrative procedure, Judge Stevenson’s recommended order will be reviewed by the DEP for a final decision. Notably, the DEP had previously approved a permit for a different company to drill at the same site in 2019, although that company, Cholla Petroleum, ultimately did not proceed with drilling.
In a rebuttal to the concerns raised, the DEP pointed to various safeguards, including berms designed to prevent pollutants from escaping the site. However, Judge Stevenson contested this perspective, referencing regulatory standards that require thorough assessments of potential impacts beyond the immediate site of disturbance. He also remarked that Clearwater did not demonstrate a credible likelihood of commercially viable oil reserves, which is a requisite criterion for permit approval under state law.
Despite being relatively uncommon, oil drilling has been conducted in areas like Jay in Santa Rosa County and select regions of Southwest Florida. This case illustrates the ongoing tension between environmental protections and resource extraction interests in the state.
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