Monitoring of ACP & MVP Activities Continue in WV & VA

by Duane Nichols on January 19, 2019

Photo from last Winter! The legal resistance & monitoring continue ...

Atlantic Coast Pipeline (ACP) and Mountain Valley Pipeline (MVP) Halted by Federal District Court
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From the Greenbrier River Watershed Association, 120 W. Washington St. Suite #4, Lewisburg, WV 24901
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Gazette Editorial. Who Are The Real Rogues?| Charleston Gazette

https://www.wvgazettemail.com/opinion/gazette_opinion/editorial/gazette-editorial-who-are-the-real-rogues/article_e535fd93-26f6-583b-8988-02d6aa589d3f.html

ONLINE RESOURCES: UPDATE | Dominion Pipeline Monitoring Coalition

http://pipelineupdate.org/2018/05/28/online-resource-an-update/

CSI VOLUNTEER OPTIONS | Dominion Pipeline Monitoring Coalition

http://pipelineupdate.org/csi-volunteer/

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Court filing asks judge to deny Mountain Valley’s request for injunction against tree-sitters, Roanoke Times, January 17, 2019

https://www.roanoke.com/business/news/court-filing-asks-judge-to-deny-mountain-valley-s-request/article_957c3f1f-28e5-5f33-98bf-e57bb531f9bb.html/

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MOUNTAIN VALLEY WATCH is a collaborative effort between individual volunteers, nonprofits, and private interests to monitor and document construction of the Mountain Valley Pipeline to assure compliance with environmental regulations. As part of the program, citizen monitors perform both on-the-ground and aerial inspections, the results of which are reviewed by experts who then use the generated reports to hold both the company and regulators accountable to the laws and environmental protections intended to preserve water and land resources.

For more information on how to get involved, visit newrivergeographics.com and powhr.org/mvwatch/.

To donate to the Mountain Valley Watch, please visit Virginia Organizing’s donation page. Make sure to designate your donation to POWHR and write a dedication to the Mountain Valley Watch. Donations made through Virginia Organizing are tax deductible!
Mountain Valley Watch urges landowners and volunteers to report the start of any and all construction activity on the pipeline route including additional temporary work spaces, access roads and trenching.

Report commencement of construction at: 833-MVWATCH or 833-689-2824

Please describe the nature of the work and the type of equipment being used and any possible violations such as missing erosion controls, refueling near waterways, driving through wetlands or operating outside of assigned right of way. Time stamped photos with location data can be sent to Jason@newrivergeographics.com. Please do not use the Facebook page for incident reporting as we do not monitor that page for messages throughout the day. Feel free to reply directly with questions.

Construction contractors may be attempting to shield themselves from public scrutiny. Reporting new construction activity will help us respond effectively and keep contractor activity in public view. Thank you!

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WVDEP Webpage to Helping Citizens Learn About Pipeline Projects

Detailed maps, transcripts, permit information available on single webpage

The page is available here. http://bit.ly/2Ee7Myj

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Marcellus shale drilling is vertical then horizontal for thousands of feet

WV Justices hear appeal arguments in Marcellus shale case

From Staff Report, Parkersburg News & Sentinel, January 16, 2019

PARKERSBURG — The West Virginia Supreme Court Tuesday heard arguments in an appeal of a lower court decision by residents who claimed Marcellus shale drilling has denied them the enjoyment of their property.

Deborah G. Andrews, Rodney and Katherine Ashcraft, Gregg D. McWilliams, Mary Mikowski and Robert and Loretta Siders filed a complaint in October 2013 alleging nuisances such as noise and odors against Antero Resources Corp. and Hall Drilling.

The claim was transferred from Ohio County Circuit Court to the West Virginia Mass Litigation Panel in November 2014, which eventually ruled in favor of the defendants in October 2016.

At issue is horizontal well drilling and hydro-fracturing in the Marcellus Shale, which has caused the industrialization of rural West Virginia and noise, truck traffic, odors, dust contamination, light pollution and vibrations, among other things, the petitioners brief to the Supreme Court said.

Antero and Hall said the Mass Litigation Panel did not abuse its discretion by holding that petitioners failed to show they are entitled to relief and that the panel applied the correct legal standards concerning mineral owners’ and surface owners’ rights under West Virginia law.

“From what began as a toxic contamination case, petitioners now only claim annoyance, discomfort and inconvenience caused by noise, traffic on public roads, odors, dust, lights, and vibrations (collectively, ‘conditions’) allegedly resulting from horizontal drilling activities located in the vicinity of petitioners’ surface estates,” the Antero brief said.

Two friends of the court briefs were filed in support of Antero and Hall from the West Virginia Oil and Natural Gas Association and from the Independent Oil and Gas Association of West Virginia, and the West Virginia Chamber of Commerce, the West Virginia Business and Industry Council, the West Virginia Coal Association, the Contractors Association of West Virginia, West Virginia Chapter of Associated Builders and Contractors, the West Virginia Manufacturers Association and the West Virginia Poultry Association.

“The issues petitioners seek to appeal would significantly impact the well-settled theories of property law and the sustainability of the Marcellus shale industry in West Virginia,” the chamber brief said. “Because such issues necessarily implicate West Virginia’s economic viability overall, including direct and indirect impacts on other industries … all have significant interests in the issues raised by the petitioners in this appeal.”

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Supreme Court to rule on natural gas drilling nuisance question

From an Article by Jeff Jenkins, WV Metro News, January 16, 2019

CHARLESTON, W.Va. — The state Supreme Court will make a much-anticipated decision in the coming months on the issue of natural gas drilling and whether the process is a public nuisance.

The Court heard an hour of oral arguments Tuesday on an appeal by a group of Harrison County property owners that claim horizontal drilling by Antero Resources is a nuisance. The plaintiffs lost in the lower court. The state’s Mass Litigation Panel found summary judgment in favor of Antero.

Plaintiff’s attorney Anthony Majestro argued Tuesday normal life has been disrupted. “These trucks are going by 100-a-day, 24-hours-a day. They are parked in front of my clients’ houses. Their engines are running, the big 18 wheelers, the hisses and noises, fumes coming off. That’s one of the primary causes of the nuisance,” Majestro said.

Monongalia County Circuit Judge Russell Clawges, appointed as a temporary justice for the case, asked Antero attorney W. Henry Lawrence if the panel’s ruling basically gives the drilling company a green light no matter what.

“Does not the panel’s order basically give your clients carte blanche to do whatever they want to, whenever they want to, however they want to, no matter what affect it may have on these plaintiffs?

“No,” Lawrence said. “The panel looked at the evidence presented to them and said the plaintiffs have not offered expert testimony that indicates that these activities are unreasonable or unnecessary in development of these minerals.”

Majestro said because it’s horizontal drilling, there’s no guarantee property owners are being properly compensated for what they have to endure. “Most of this drilling that’s being done and this nuisance that’s being created is being conducted to get gas that is not under my client’s property,” Majestro said.

The plaintiffs want their nuisance claims to go before a jury.

Lawrence said the panel looked through hundreds of pages of discovery in the case before making its decision. He said there were initial claims of contamination, physical damage and personal injury. He said the plaintiffs eventually withdraw their negligence claim. There were originally 22 plaintiffs and now there are seven. “None of these plaintiffs had well pads on their properties. There were several plaintiffs in the initial case (that did),” Lawrence said.

Majestro said the case should go before a jury and let it decide if drilling activities can cause a nuisance. He said there’s no doubt his clients have been negatively impacted. “There’s testimony the clients can’t sleep. There’s testimony they can’t sit on their front porch and talk. In addition, we have odors, fumes from these trucks that are burning diesel while they are parked around my client’s house and driving by,” Majestro said.

Lawrence said the wells in question are about 10 years old and represent some of Antero’s first wells in Harrison County. The lawsuits were originally filed in late 2013.

Two members of the Supreme Court, Justice Tim Armstead and Justice John Hutchison disqualified themselves from hearing the case. They were replaced by Clawges and Cabell County Circuit Judge Greg Howard.

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EARTH GUARDIANS Seek to Protect Human Health in Colorado, etc.

January 17, 2019

Colorado’s Top Court Sides Against Youth in Major Anti-Fracking Case From an Article by Lorraine Chow, EcoWatch.com, January 15, 2019 PHOTO: Emma Bray (19) of Denver, a plaintiff on the youth-led climate lawsuit, Martinez v. COGCC. Colorado’s oil and gas industry breathed a sigh of relief on Monday after the state’s highest court overturned a [...]

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Our Ocean Water is Warming Rapidly Affecting our Lives & Planet

January 16, 2019

Vanishing coral reefs, intensifying hurricanes, rising seas — severe toll of climate change From an Article by Jeff Goodell, Rolling Stone Magazine, January 14, 2019 PHOTO IN ARTICLE: Sea ice melts on the Franklin Strait along the Northwest Passage in the Canadian Arctic Archipelago. Climate deniers want you to believe otherwise, but the basic physics [...]

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Grandmother Used 1971 Ford Pinto to Block MVP Pipeline

January 15, 2019

Monroe County grandmother blocks MVP in her first car in WV near VA line From an Article by Matt Combs, Beckley Register-Herald, August 1, 2018 Becky Crabtree, a 64-year-old Monroe County grandmother, was arrested Tuesday for blockading herself in a 1971 Ford Pinto in order to stop construction of the Mountain Valley Pipeline (MVP) near [...]

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Mariner East 2 Pipeline & Marcus Hook Process Facility Update

January 14, 2019

Penna. environmental board slams Sunoco air-quality permit From an Article by Bill Rettew, Delaware County Times, January 10, 2019 PHILADELPHIA >> A state Environmental Hearing Board ruled the state Department of Environmental Protection unlawfully issued an air-quality permit for Sunoco at its Marcus Hook facility. The Marcus Hook facility is the end point for Sunoco [...]

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“Green New Deal” Growing Rapidly in Political Significance

January 13, 2019

UPDATE FROM FOOD & WATER WATCH, January 10, 2019 Dear Friends and Concerned Citizens, Breaking news: We just learned that the new Republican governor in Florida has initiated the process to ban fracking in the state and oppose drilling off Florida’s coasts. (See reference 1 below.) This is huge — it comes after more than [...]

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VA Air Pollution Board Approves Contested Buckingham Compressor Station

January 12, 2019

Hissing, shouts of ‘shame’ as ACP compressor station gets permit By Denise Lavoie, Roanoke Times (Associated Press), January 9, 2019 RICHMOND — A state board approved a contentious plan Tuesday to build a natural gas pipeline station in a historic African-American community, prompting angry shouts of “shame” from more than 200 opponents. The Virginia State [...]

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Exports of Liquified Natural Gas will Damage the U.S. Longterm

January 11, 2019

Reply to Article on Liquified Natural Gas in Forbes Online Magazine (1/8/19) Essay by S. Tom Bond, Resident Farmer & Retired Chemist, Lewis County, WV “U. S. Liquefied Natural Gas Hits Record Highs Again” (January 8), seems to hit all the bells and whistles for what is essentially a political movement devoid of practicality. See [...]

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Twisted Logic of Dominion Energy Invades WV Legislature

January 10, 2019

Lobbyist: ‘Rogue environmental groups’ standing in way of building pipelines From an Article by Kate Mishkin, Charleston Gazette, January 8, 2019 Construction on the Atlantic Coast Pipeline has been halted because “rogue environmental groups” are getting in the way, an energy lobbyist told lawmakers Tuesday. “It’s on hold because the 4th Circuit Court of Appeals [...]

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