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		<title>Nelson County VA Workshop on ACP All Day April 13th</title>
		<link>https://www.frackcheckwv.net/2019/04/10/nelson-county-va-workshop-on-acp-all-day-april-13th/</link>
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		<pubDate>Thu, 11 Apr 2019 01:47:38 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<description><![CDATA[Pipeline opponents create an educational workshop in Nelson County, VA From an Article by Erin Conway, Nelson News Advance, April 10, 2019 Pipeline opponents are gearing up for a nine-hour workshop in Nelson County on April 13 to discuss the Atlantic Coast Pipeline, LLC, and where they are in the fight to stop it. The [...]]]></description>
			<content:encoded><![CDATA[<p></p><p><div id="attachment_27740" class="wp-caption alignleft" style="width: 199px">
	<a href="/wp-content/uploads/2019/04/421A3E53-F0DF-46CF-BB2F-B5D7F1B4EE9D.jpeg"><img src="/wp-content/uploads/2019/04/421A3E53-F0DF-46CF-BB2F-B5D7F1B4EE9D-199x300.jpg" alt="" title="421A3E53-F0DF-46CF-BB2F-B5D7F1B4EE9D" width="199" height="300" class="size-medium wp-image-27740" /></a>
	<p class="wp-caption-text">Workshop off I-64 west of Charlottesville </p>
</div><strong>Pipeline opponents create an educational workshop in Nelson County, VA</strong></p>
<p>From an <a href="https://www.newsadvance.com/nelson_county_times/news/pipeline-opponents-create-an-educational-workshop-in-nelson/article_235909c9-9714-5718-adf5-cb75b4b7c09e.html">Article by Erin Conway, Nelson News Advance</a>, April 10, 2019</p>
<p>Pipeline opponents are gearing up for a <a href="http://www.FriendsofNelson.com">nine-hour workshop in Nelson County</a> on April 13 to discuss the Atlantic Coast Pipeline, LLC, and where they are in the fight to stop it.</p>
<p>The Atlantic Coast Pipeline, LLC is a 600-mile-long natural-gas pipeline proposed to be built through parts of Nelson County. Different groups in Virginia and other states like West Virginia and North Carolina have been protesting the ACP since it was proposed four years ago. To continue the fight, Friends of Nelson, an anti-pipeline organization, is holding its third all day workshop on April 13 from 9 a.m. to 6 p.m. The purpose of the event is “to update interested citizens on the current status of the fight against the Atlantic Coast Pipeline,” according to a news release. The event is free to the public, but <a href="http://www.FriendsofNelson.com">registration is required</a>.</p>
<p>Jill and Richard Averitt, active pipeline opponents, are hosting the event on April 13 on land they own in the county, which a portion of the ACP is proposed to go through. “We are confident it won’t get built through here,” Jill Averitt said. “In general, Friends of Nelson thinks it looks bad for Dominion.”</p>
<p>Still, pipeline opponents aren’t letting up the fight. The all-day workshop will consist of discussions on specific legal and environmental issues, tours of the proposed path of the ACP, exercises on how to protest safely, and what happens next in the fight to stop the ACP.</p>
<p>“The goal is to get as many people as possible. Really, we love to get people involved who don’t know much about this pipeline, but have been hearing about it,” Jill Averitt said.</p>
<p>The day will also consist of guest speakers covering an array of topics on the pipeline and issues it brings to light. <strong>William Limpert, an affected landowner from Bath County, will be discussing how outside, long term storage of gas pipes deteriorates the coatings and increases the risk of failure</strong>. </p>
<p>Limpert said the safety and public health issues with the coating of the pipeline are both important and he feels the topics haven’t been fully investigated. Overall, Limpert said the workshop on April 13 is about learning about the industry and the government agencies involved as well as energizing the attendees.</p>
<p>“Besides the learning experience, it’s really an energizing experience too. If you are working for good minded folks and working together it’s an incentive to keep on going,” Limpert said.</p>
<p><strong>Jennifer Lewis, 20th district delegate candidate, will be discussing why Augusta County’s water supply is at risk due to its Karst topography and the pipeline route’s proximity to the Staunton Reservoir</strong>. Lewis said although stopping the ACP is the number one priority for her race, she has been fighting the pipeline as a citizen for the past five years.</p>
<p>“It’s natural for me to be involved in these anti-pipeline events because I have been such a loud voice in Augusta for the last five years,” Lewis said. The topic she will be discussing is important for everyone in the state because the water from Augusta serves millions in Virginia.</p>
<p>“We are called the head waters because our water goes all over the state. Everyone should be protecting their water, but we have unique responsibility,” Lewis said. She hopes people realize the fight isn’t over and the reason the ACP project is behind schedule is because of neighbors uniting together to keep it from happening. “People from all different backgrounds are coming together to fight this and it’s been the silver lining of this horrible proposed project,” Lewis said.</p>
<p><strong>Other speakers include Richard Averitt, discussing eminent domain and how ‘Quick Take’ violates due process and should be ruled unconstitutional; Lakshmi Fjord discussing the proposed Compressor Station in Buckingham County and the plight of the Union Hill Community; Attorney Rick Cornelius discussing the legal case against the pipeline and where it stands today; and Tom Hadwin discussing why there is no public necessity for the ACP, particularly in the Hampton Roads area.</strong></p>
<p>For Richard Averitt, speaking at the workshop is important to him because he understands how confusing some of the legal terms can be and he believes educating affected landowners and non-affected landowners alike is important. “I am personally upset I didn’t know more sooner. Once you know it you can’t un-know it,” Richard Averitt said.</p>
<p>Over all, Richard Averitt said this workshop and fighting the ACP is a “David and Goliath fight,” but important because it’s about addressing the laws and ordinances that make things like “eminent domain” and “quick take” possible. Quick take in this case is when Dominion Energy takes possession of land for the purpose of building the ACP before compensation is given to the landowner. Eminent domain, on the other hand, is when Dominion Energy takes the land, but an agreed upon compensation is given beforehand.</p>
<p>“It’s not just about beating Atlantic Coast Pipeline, but changing the system that allows this. We need to create allies to change the system that makes this possible,” Richard Averitt said. </p>
<p><strong>Attendees are encouraged to bring something to sit on throughout the day and lunch</strong>, although a <a href="http://www.FriendsofNelson.com">lunch can be provided with a fee upon registration</a> according to the news release. “We are just super pleased we are able to partner with Friends of Nelson and grateful for anyone who comes out to listen,” Jill Averitt said.</p>
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		<title>Dominion Energy Stakes Out Plans for ACP in Spite of the Legal Landscape</title>
		<link>https://www.frackcheckwv.net/2019/03/02/dominion-energy-stakes-out-plans-for-acp-in-spite-of-the-legal-landscape/</link>
		<comments>https://www.frackcheckwv.net/2019/03/02/dominion-energy-stakes-out-plans-for-acp-in-spite-of-the-legal-landscape/#comments</comments>
		<pubDate>Sat, 02 Mar 2019 08:15:33 +0000</pubDate>
		<dc:creator>Duane Nichols</dc:creator>
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		<guid isPermaLink="false">http://www.frackcheckwv.net/?p=27251</guid>
		<description><![CDATA[Dominion and partners in pipeline seek new paths around 4th Circuit, including U.S. Supreme Court From an Article by Michael Martz, Richmond Times-Dispatch, February 26, 2019 Dominion Energy and its partners in the Atlantic Coast Pipeline are looking for new ways around the 4th U.S. Circuit Court of Appeals, including a trip to the U.S. [...]]]></description>
			<content:encoded><![CDATA[<p></p><p><div id="attachment_27256" class="wp-caption alignleft" style="width: 300px">
	<a href="/wp-content/uploads/2019/02/57A0D5B7-5B49-489C-B331-6880BA590464.jpeg"><img src="/wp-content/uploads/2019/02/57A0D5B7-5B49-489C-B331-6880BA590464-300x225.jpg" alt="" title="57A0D5B7-5B49-489C-B331-6880BA590464" width="300" height="225" class="size-medium wp-image-27256" /></a>
	<p class="wp-caption-text">Dominion would rather ignore reality!</p>
</div><strong>Dominion and partners in pipeline seek new paths around 4th Circuit, including U.S. Supreme Court</strong></p>
<p>From an <a href="https://www.richmond.com/news/virginia/government-politics/dominion-and-partners-in-pipeline-seek-new-paths-around-th/article_40eacef9-561c-5f65-a5eb-9d219b3fd429.html">Article by Michael Martz, Richmond Times-Dispatch</a>, February 26, 2019</p>
<p>Dominion Energy and its partners in the Atlantic Coast Pipeline are looking for new ways around the 4th U.S. Circuit Court of Appeals, including a trip to the U.S. Supreme Court. The Richmond-based energy company, the lead partner in the project, said Tuesday that it “expects an appeal” to the Supreme Court within 90 days to challenge a 4th Circuit decision. The court tossed out a critical federal permit for the 600-mile pipeline to cross beneath the <strong>Appalachian Trail in the Blue Ridge Mountains</strong> along the Augusta County and Nelson County line.</p>
<p>Dominion declared its intention after a 4th Circuit decision on Monday to dismiss the company’s request for the full appeals court to reconsider a December decision by a three-judge panel. That panel vacated the permits the U.S. Forest Service issued for the project to cross the Appalachian Trail near Wintergreen Resort and portions of two national forests.</p>
<p>The company — anticipating the possible rejection of its request for an “en banc” hearing by the Richmond-based 4th Circuit — estimated earlier this month that the Supreme Court appeal could add $250 million to the cost of the project by delaying completion of the final segment of the pipeline until the end of 2021.</p>
<p>The cost already has risen by $3 billion — to as much as $7.5 billion — since then-Gov. Terry McAuliffe announced it with Dominion officials in September 2014. The company already has spent $2.8 billion on the stalled project, Dominion officials said in an earnings conference call with investment analysts on February 1st.</p>
<p>“We are actively pursuing multiple paths to resolve all outstanding permit issues, including judicial, legislative and administrative avenues,” Dominion CEO Thomas F. Farrell II said on the conference call.</p>
<p><strong>The company is preparing to split the project into two phases to allow it to first build the pipeline from Buckingham County — where it plans to build a hotly disputed natural gas compressor station at the intersection with an existing pipeline — to Lumberton, N.C.</strong></p>
<p>Dominion also proposes to build a 70-mile spur to serve Hampton Roads, where natural gas supplies are limited for industrial customers and economic development prospects. The company proposes to begin work on the first phase by the end of this year and complete it by late 2020. “The partial construction of the Atlantic Coast Pipeline will allow us to open up new pathways for the natural gas to reach customers who need it,” spokesman Karl Neddenien said Tuesday.</p>
<p>Environmental groups are filing legal challenges to every move by Dominion and its partners — Duke Energy and Southern Company Gas — to build the pipeline, including a state permit issued in December for the Buckingham compressor station at Union Hill, a historically black community that has been the focal point of protests.</p>
<p><strong>“The 4th Circuit’s decision, now final, confirmed that this pipeline has to play by the same rules as everybody else,” said DJ Gerken, an attorney for the Southern Environmental Law Center, which represents the Sierra Club and other environmental organizations.</strong></p>
<p>“The Forest Service has never approved a new pipeline across the Appalachian Trail — but, under intense political pressure, it did for Atlantic, while ignoring routes that would avoid the forest,” Gerken said in a statement Monday night. “Atlantic could reroute, but instead it should scrap this boondoggle and stop running up a bill it wants to stick to customers.”</p>
<p>Dominion acknowledged even before the 4th Circuit ruled against the Forest Service permits on December 12th that the company was pursuing legislation in pending appropriations bills to give the federal agency clear authority to permit the pipeline crossing beneath the <strong>Appalachian Trail</strong>.</p>
<p>Those efforts went nowhere, as nine federal departments shut down for 35 days for lack of funding in a political deadlock between Congress and President Donald Trump. They averted a second possible shutdown by reaching an agreement this month on funding bills that did not include new authority for the Forest Service to permit the pipeline to cross the national scenic trail.</p>
<p>However, the <strong>company said Tuesday that it is still pursuing legislative remedies</strong>, as well as administrative solutions that Farrell told analysts had been hampered by the partial government shutdown that began in late December. Among the agencies shut down were the Agriculture Department, which oversees the Forest Service, and the Interior Department, which includes the U.S. Fish and Wildlife Service and the National Park Service.</p>
<p>Both of the Interior Department agencies also have been engaged in litigation in the 4th Circuit over permits they issued for the pipeline. The appeals court suspended a stay of the biological opinion by the Fish and Wildlife Service that determined the project would not pose an existential threat to endangered and threatened species.</p>
<p><strong>The 4th Circuit first vacated the “incidental take” statement, part of the biological opinion, in May and confirmed its decision in August. The federal agency reissued the permit the next month, but in early December the court placed a stay on the biological opinion for the entire pipeline route.</strong></p>
<p>Dominion suspended construction — then limited to tree clearing in Virginia — and asked for clarification of the order’s scope. It contends the stay should be limited to a 100-mile stretch that includes the habitat of four endangered or threatened animal species, but the court rejected its request for clarification or additional hearing. The case is scheduled for hearing in early May.</p>
<p>The park service voluntarily vacated the second permit it had issued for the project to cross beneath the <strong>Blue Ridge Parkway</strong> — which runs beside the <strong>Appalachian Trail</strong> in the Blue Ridge — after the 4th Circuit struck down the first one in August. “We’re confident the Park Service will review the facts and reissue the permit,” Neddenien, the pipeline spokesman, said Tuesday.</p>
<p>#########################</p>
<p><strong>See also</strong>: <a href="https://www.elp.com/articles/2018/12/dominion-adds-new-natural-gas-fired-plant-to-virginia-fleet.html">Dominion adds another natural gas fired power plant to Virginia fleet</a> &#8211; <strong>Electric Light &#038; Power</strong>, December 10, 2018</p>
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		<title>Appalachian Mountain Advocates and SELC Bring New Legal Action Against Atlantic Coast Pipeline</title>
		<link>https://www.frackcheckwv.net/2018/08/18/appalachian-mountain-advocates-and-selc-bring-new-legal-action-against-atlantic-coast-pipeline/</link>
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		<pubDate>Sat, 18 Aug 2018 09:05:01 +0000</pubDate>
		<dc:creator>Duane Nichols</dc:creator>
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		<description><![CDATA[New Atlantic Coast Pipeline suit takes aim at FERC approval, which underpins the whole project From an Article by Robert Zullo, Virginia Mercury, August 16, 2018 A federal court in Richmond that has served as a major legal battlefield this summer over federal and state permits for the Atlantic Coast and Mountain Valley pipelines got [...]]]></description>
			<content:encoded><![CDATA[<p></p><p><div id="attachment_24907" class="wp-caption alignleft" style="width: 300px">
	<a href="/wp-content/uploads/2018/08/DBEA25FB-6A4E-4680-B549-B00B56FE9B89.png"><img src="/wp-content/uploads/2018/08/DBEA25FB-6A4E-4680-B549-B00B56FE9B89-300x168.png" alt="" title="DBEA25FB-6A4E-4680-B549-B00B56FE9B89" width="300" height="168" class="size-medium wp-image-24907" /></a>
	<p class="wp-caption-text">Reason is slow and difficult to achieve on pipelines</p>
</div><strong>New Atlantic Coast Pipeline suit takes aim at FERC approval, which underpins the whole project</strong></p>
<p>From an <a href="https://www.virginiamercury.com/blog/after-a-string-of-successful-legal-challenges-to-the-atlantic-coast-pipeline-new-suit-takes-aim-at-ferc-approval/">Article by Robert Zullo, Virginia Mercury</a>, August 16, 2018</p>
<p>A federal court in Richmond that has served as a major legal battlefield this summer over federal and state permits for the Atlantic Coast and Mountain Valley pipelines got a new case added to its docket Thursday.</p>
<p><strong>The Southern Environmental Law Center and Appalachian Mountain Advocates filed a challenge to the Federal Energy Regulatory Commission’s certificate of public convenience and necessity for the Atlantic Coast Pipeline, the federal approval that underpins the entire project and conveys the right to seize land from uncooperative property owners along the 600-mile route.</strong></p>
<p>The new suit was filed in the U.S. Court of Appeals for the 4th Circuit in Richmond, the same court that has vacated several key permits for the Atlantic Coast and Mountain Valley pipelines.</p>
<p>In response to the court’s action, FERC ordered construction halted last week on the ACP, developed by a group of energy companies led by Dominion Energy. On the same day, in a 2-1 vote, the agency’s commissioners denied a request for rehearing on the certificate.</p>
<p>At least two of FERC’s four sitting commissioners say the pipeline isn’t in the public interest. The fifth, Robert Powelson, left FERC this month.</p>
<p>In a dissent, Commissioner Cheryl LaFleur, who also voted last year against issuing certification for the ACP and the Mountain Valley Pipeline, which will cross into Pittsylvania County, said the ACP remains contrary to the public interest and that FERC should have explored more opportunities for co-locating the two projects.</p>
<p>Photo in original article: The Lewis F. Powell Jr. federal courthouse in Richmond is home to the U.S. Court of Appeals for the 4th Circuit, which struck down a key approval for the Atlantic Coast Pipeline Monday. (Ned Oliver/ Virginia Mercury)<br />
“I disagree with the commission’s approach to evaluating system and route alternatives, particularly in light of the recently-issued Fourth Circuit Court of Appeals (Fourth Circuit) decision which vacated the National Park Service’s  federal authorization allowing the ACP Project to cross the Blue Ridge Parkway,” LaFleur wrote, adding that she also took issue with how FERC treats climate and environmental effects.</p>
<p>Another commissioner, Richard Glick, abstained from the vote “solely to enable those parties challenging the certificate to have their day in court.”</p>
<p>Glick added that if he had voted, the rehearing order would have failed on a 2-2 vote and the “appellate courts would not have had jurisdiction to review the commission’s decision to grant the certificate.”</p>
<p>FERC has come under scrutiny for its use of “tolling orders” to prevent opponents of the projects it certifies from getting into court to fight them.</p>
<p>“I share many of the concerns articulated in Commissioner LaFleur’s dissenting opinion and I do not believe that the ACP Project has been shown to be in the public interest,” Glick wrote. “It is fundamentally unfair to deprive parties of an opportunity to pursue their claims in court, especially while pipeline construction is ongoing.”</p>
<p>The SELC and their allies have argued that the gas from the Atlantic Coast Pipeline isn’t needed for utilities, as the companies pushing the projects have insisted.</p>
<p>Gas-fired plants in Virginia and North Carolina are already connected to the existing system and testimony at the Virginia State Corporation Commission indicates that Virginia ratepayers could be on the hook for nearly $2.4 billion in extra costs because of the pipeline. FERC has guaranteed a 14 percent rate of return for the project, which could cost more than $6.5 billion.</p>
<p>‘”At a time when clean, renewable energy is affordable and abundant, the only reason to lock us into decades of dependence on climate-disrupting fracked gas is that polluting corporations are making billions of dollars off it. It’s a shame that we have to go to court to force FERC to do its job, but we are committed to using every available avenue to stop the ACP and all the other coal, oil and gas projects that threaten our climate and communities,” said Joan Walker, a representative with the Sierra Club’s “Beyond Dirty Fuels Campaign,” in a statement.</p>
<p>Dominion Energy spokesman Aaron Ruby did not immediately respond to a request for comment on the lawsuit. The company has said it is “already working with the key agencies to resolve the issues in FERC’s order so we can resume construction as soon as possible.”</p>
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		<title>ACP and MVP Should Be Permanently Halted — TNC Goes Off the Rails (Again)</title>
		<link>https://www.frackcheckwv.net/2018/08/14/acp-and-mvp-should-be-permanently-halted-%e2%80%94-tnc-goes-off-the-rails-again/</link>
		<comments>https://www.frackcheckwv.net/2018/08/14/acp-and-mvp-should-be-permanently-halted-%e2%80%94-tnc-goes-off-the-rails-again/#comments</comments>
		<pubDate>Tue, 14 Aug 2018 09:05:57 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<description><![CDATA[Response to: “Natural Gas Companies Team With Environmental Group” An article of this title recently ran in the Wheeling Intelligencer. It represents a cave in by a significant environmental group that give the business oriented Intelligencer some thing to brag about. It is unlikely the report, “Improving Steep-Slope Pipeline Construction to Reduce Impacts to Natural [...]]]></description>
			<content:encoded><![CDATA[<p></p><p><div id="attachment_24849" class="wp-caption alignleft" style="width: 300px">
	<a href="/wp-content/uploads/2018/08/1C4BF7F7-4D7E-4D1C-BAC3-97F5FE111A23.jpeg"><img src="/wp-content/uploads/2018/08/1C4BF7F7-4D7E-4D1C-BAC3-97F5FE111A23-300x250.jpg" alt="" title="1C4BF7F7-4D7E-4D1C-BAC3-97F5FE111A23" width="300" height="250" class="size-medium wp-image-24849" /></a>
	<p class="wp-caption-text">It takes a strong commitment to protect &#038; preserve what we have!</p>
</div><strong>Response to: “Natural Gas Companies Team With Environmental Group”</strong></p>
<p>An <a href="http://www.theintelligencer.net/news/top-headlines/2018/07/natural-gas-companies-team-with-environmental-group/">article of this title recently ran</a> in the Wheeling Intelligencer.  It represents a cave in by a significant environmental group that give the business oriented Intelligencer some thing to brag about.  It is unlikely the report, “Improving Steep-Slope Pipeline Construction to Reduce Impacts to Natural Resources,” will meet the needs of our steep and rocky terrain.</p>
<p>It will be applied to the entire range of conditions from the soft soil and rock on the Appalachian Plateau through the folded Appalachian Mountains to the south and east.  Through limestone karst, famous for caves and sinkholes and slopes up to and beyond 173% (60 degrees).  </p>
<p>In places the fill will be the broken rock cut out to make the trench. This will make it impossible to divert the water off the right of way.  It will divert water to flow down the broken rock in the ditches.  In other places the long pipeline straight down the hill for hundreds of feet will have diversion ditches that deliver the diverted water off the right of way in additive fashion so large volumes will be aggregated in heavy rains. Pipelines in karst is asking for failure due to cave-ins and stream diversion.</p>
<p>If the pipe must go in, what is required is meticulous attention to local topography and geology and equally meticulous attention to small scale engineering.  This is unlikely to occur due to the great cost involved.</p>
<p>The Nature Conservancy is doubtless well intentioned, but really not directed by people close to conditions involved.</p>
<p>>>> S. Tom Bond, Retired Chemistry Professor &#038; Resident Farmer, Lewis County, WV</p>
<p>####################</p>
<p><strong>Brief Comment on TNC Pipeline Project —</strong></p>
<p>This is why I consider TNC foremost among the Shady Lady environmental groups, to put it politely. </p>
<p>They also collaborated with the gas industry on a study of how much methane leaks, with findings coming out much lower than independent studies. Looks to me like they aid industry much more than the environment, with this attitude that the pipelines must and will be built so we should do what we can to minimize the harm. </p>
<p>As far as I’m concerned, their main mission to collect funds to buy land which they then protect from development, is no better — I’ve seen allegations that they don’t always protect their lands and anyway this reinforces the idea that the rich legitimately own the Earth, and if we want any of it protected we have to buy it back from them.</p>
<p>>>> Mary Wildfire, Roane County, WV</p>
<p>####################</p>
<p><strong>We might also consider this —</strong></p>
<p>I believe TNC has a conservation easement that will be crossed by MVP and one of their motivators for this was to hold the company to a higher standard where they could, for their property.</p>
<p>Amy Mall, Land &#038; Wildlife Program, National Resources Defense Council (NRDC)</p>
<p>####################</p>
<p><strong>Letter to The TNC Magazine (August 13, 2018)</strong></p>
<p>I am a retired mining engineer (B.S.; M.S.; P.E.) living in Rockingham County Virginia. I am writing in response to a “study” I just became aware of entitled &#8220;IMPROVING STEEP-SLOPE PIPELINE CONSTRUCTION TO REDUCE IMPACTS TO NATURAL RESOURCES” (<a href="https://www.conservationgateway.org/ConservationByGeography/NorthAmerica/UnitedStates/virginia/Pages/Steep-Slope-Report-July2018.aspx">link here</a>). </p>
<p>This study was apparently a collaboration between the Nature Conservancy and 8 oil and gas companies. It’s unfortunate the input was so heavily weighted in favor of the companies that will profit from doing this type of work by externalizing the environmental costs to the public.</p>
<p>Your “study” seems to over simplify the issues involved in constructing a major natural gas pipeline through steep mountainous terrain, much of it containing karst. It fails to mention more active measures for monitoring pipeline stress and the installation of strain and displacement gages on and around the pipeline. Even with such measures, however, the construction of pipelines like the Mountain Valley and Atlantic Coast will cause significant and irreversible environmental damage. It will also cause significant economic losses to the people whose land is crossed by or near to the pipelines.</p>
<p>The installation of such fracked gas pipelines will also act as a driving force for further fracking of deep shale formations, which will cause even more environmental damage.</p>
<p>Your participation in the preparation of this document will be seen as a sellout and betrayal of the thousands of people who are opposed to such pipelines and whose lives will be so negatively impacted by them. I am disappointed in the position your organization has taken.</p>
<p>George M. Neall III, Rockingham County, Virginia</p>
<p>####################</p>
<p><strong>Dear Friends, </strong></p>
<p>I think any time you have a very large organization—and TNC is the largest environmental non-profit in the country if not the world—that does thousands of transactions and works globally, there are going to be problems that surface, whether they’re falsehoods, misunderstandings or actual wrongdoings. I know there have been misunderstandings when people have left land to TNC in their wills or by a donation while they’re living, with the incorrect assumption that TNC would manage the land as a nature preserve of sorts. </p>
<p>Like any company, TNC has to decide where to best devote its resources. Unless they’ve made a specific agreement with a donor to hold and manage their land a certain way, they are more likely to divest themselves of that asset and put the money toward higher-value conservation areas such as the rainforests or coral reefs.</p>
<p>They also have to make decisions regarding if and how they’ll work with industry. My experience has been that, right or wrong, they feel they can make more headway working with industry than against them. Their CEO is a former Goldman Sachs director, and not a conservation biologist, so that may sway how the organization makes decisions.</p>
<p>My gut tells me that TNC does far and away more good work than they get credit for.</p>
<p>Disclaimer: We have no relationship with TNC—and certainly no monetary relationship—besides jointly holding one conservation easement with them in Bedford County, VA, and running in some of the same professional circles as their Virginia staff.</p>
<p>David C. Perry, Executive Director<br />
Blue Ridge Land Conservancy—An Accredited Land Trust<br />
722 First St. SW Suite L, Roanoke, VA 24016<br />
(540) 985-0000,<br />
blueridgelandconservancy.org</p>
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		<title>4th Circuit Court Suspends Atlantic Coast Pipeline at Blue Ridge Parkway</title>
		<link>https://www.frackcheckwv.net/2018/08/07/4th-circuit-court-suspends-atlantic-coast-pipeline-at-blue-ridge-parkway/</link>
		<comments>https://www.frackcheckwv.net/2018/08/07/4th-circuit-court-suspends-atlantic-coast-pipeline-at-blue-ridge-parkway/#comments</comments>
		<pubDate>Tue, 07 Aug 2018 09:05:43 +0000</pubDate>
		<dc:creator>Duane Nichols</dc:creator>
				<category><![CDATA[Accidents]]></category>
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		<description><![CDATA[US 4th Circuit Court tosses construction permits for Atlantic Coast Pipeline From an Article by Gavin Bade, Utility Dive, August 6, 2018 >>> A federal appeals court on Monday threw out construction certificates for the Atlantic Coast Pipeline, likely halting work on the $6 billion project planned by major Southeastern utilities. >>> The Federal Energy [...]]]></description>
			<content:encoded><![CDATA[<p></p><p><div id="attachment_24775" class="wp-caption alignleft" style="width: 300px">
	<a href="/wp-content/uploads/2018/08/B2FCA73B-35D9-43BB-8607-C86AB12E7340.jpeg"><img src="/wp-content/uploads/2018/08/B2FCA73B-35D9-43BB-8607-C86AB12E7340-300x169.jpg" alt="" title="B2FCA73B-35D9-43BB-8607-C86AB12E7340" width="300" height="169" class="size-medium wp-image-24775" /></a>
	<p class="wp-caption-text">NO NEW PIPELINES — don’t damage public lands</p>
</div><strong>US 4th Circuit Court tosses construction permits for Atlantic Coast Pipeline</strong></p>
<p>From an <a href="https://www.utilitydive.com/news/court-tosses-construction-permits-for-atlantic-coast-pipeline/529481/">Article by Gavin Bade, Utility Dive</a>, August 6, 2018</p>
<p>>>> A federal appeals court on Monday threw out construction certificates for the Atlantic Coast Pipeline, likely halting work on the $6 billion project planned by major Southeastern utilities.</p>
<p>>>> The Federal Energy Regulatory Commission (FERC) approved the project last year, but the Fourth Circuit Court of Appeals ruled that certification was based on a faulty right-of-way permit awarded by the National Park Service for where the pipeline would cross the Blue Ridge Parkway, a road in Virginia that is part of the National Park system.</p>
<p>>>> Continued construction of the line would &#8220;violate FERC&#8217;s certificate of public convenience and necessity,&#8221; the court warned, and environmental groups pushed FERC to issue a stop-work order for the entire line, as it did last week for the Mountain Valley Pipeline. Developers said they would push NPS to &#8220;promptly reissue the permit&#8221; to cross the Parkway.</p>
<p><strong>Utility Dive Insights:</strong></p>
<p>Monday&#8217;s court ruling is a significant setback for developers of the 600-mile Atlantic Coast Pipeline, planned by Dominion Energy, Duke Energy and Southern Co.</p>
<p>Environmental advocates and local landowners argued that the NPS permit to build the pipeline ignored how tree clearing would impact the scenic and conservation goals of the Parkway, a nearly 500-mile road that runs through Virginia and North Carolina.</p>
<p>The court sided with complaints, ruling that NPS decision on Blue Ridge &#8220;is not accompanied by any explanation, let alone a satisfactory one.&#8221;</p>
<p>The ruling means there is &#8220;a hole in the 600-mile pipeline now that it has no right to cross,&#8221; said DJ Gerkin, attorney at the Southern Environmental Law Center, which argued the case. The project is planned to run from West Virginia to deliver gas to customers in Virginia and North Carolina.</p>
<p>In the same decision, the court also detailed its justification for a May ruling that invalidated permits issued by the Fish and Wildlife Service (FWS) for Atlantic Coast because they did not properly assess the impact of the project on five animal species covered by the Endangered Species Act.</p>
<p>Because FERC was not a party to the case, which pitted environmentalists versus NPS and FWS, the court could not order FERC directly to issue a stop-work order for Atlantic Coast (ACP). It did, however, issue a stern warning to the pipeline developers that they should stop building.</p>
<p>&#8220;FERC&#8217;s authorization for ACP to begin construction is conditioned on the existence of valid authorizations from both FWS and NPS,&#8221; Chief Judge Roger Gregory wrote for the three-judge panel that decided the case. &#8220;Absent such authorizations, ACP, should it continue to proceed with construction, would violate FERC&#8217;s certificate of public convenience and necessity.&#8221;</p>
<p>With the certificate vacated, &#8220;the pipeline cannot exist in its proposed form with its current authorizations,&#8221; and instead &#8220;would have to be re-authorized with a new permit or possibly a new route to proceed,&#8221; Gregory added in a footnote.</p>
<p>FERC declined to comment on whether it would issue a stop-work order for ACP to accompany the ruling, but pipeline lawyers say one is likely. Late last month, the Fourth Circuit vacated two federal permits for a separate project, the 300-mile Mountain Valley Pipeline, and that decision was followed by a stop-work order late last week.</p>
<p>&#8220;FERC issued a stop work order for the whole [Mountain Valley] line after its right-of-way was denied so I expect it could take the same approach here,&#8221; said Carolyn Elefant, an attorney who often represents landowners in pipeline cases. &#8220;The question now is if FERC is going to thumb its nose at the law or if it is going to stop construction of the pipeline.&#8221;</p>
<p>Dominion, lead developer on the project, said in a statement that it has avoided construction in areas affected by the FWS ruling, but a July FERC decision had allowed it to continue building on other sections.</p>
<p>The company said it would continue to avoid those section of the pipeline route, which it says amount to 20 miles, but did not respond to a request for comment on whether it will continue building on other parts now that its certificates have been thrown out.</p>
<p>&#8220;With respect to the National Park Service&#8217;s approval to cross the Blue Ridge Parkway, the court&#8217;s opinion confirms the agency&#8217;s authority to issue the permit but remands the permit to allow the agency to correct certain errors and omissions in the permit record,&#8221; a company spokesperson said in a statement. &#8220;We believe the extensive public record and mitigation requirements already in place provide ample support for the agency to promptly reissue the permit.&#8221;</p>
<p>If the pipeline developers must face a new decision at FERC, they could face a less sympathetic commission than the one that approved their project last October. Republican Commissioner Robert Powelson is set to step down this month, giving Democrats, who are more critical of pipeline applications, the ability to deadlock commission decisions.</p>
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		<title>Tunnel Drilling Under the Blue Ridge Parkway is Asking for Trouble</title>
		<link>https://www.frackcheckwv.net/2018/04/01/tunnel-drilling-under-the-blue-ridge-parkway-is-asking-for-trouble/</link>
		<comments>https://www.frackcheckwv.net/2018/04/01/tunnel-drilling-under-the-blue-ridge-parkway-is-asking-for-trouble/#comments</comments>
		<pubDate>Sun, 01 Apr 2018 13:49:00 +0000</pubDate>
		<dc:creator>Duane Nichols</dc:creator>
				<category><![CDATA[Accidents]]></category>
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		<category><![CDATA[Dominion Energy]]></category>
		<category><![CDATA[drilling]]></category>
		<category><![CDATA[fracking]]></category>
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		<category><![CDATA[pipeline tunneling]]></category>
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		<guid isPermaLink="false">http://www.frackcheckwv.net/?p=23237</guid>
		<description><![CDATA[Subject: Dominion&#8217;s Assault on the Blue Ridge Mountains From: Rick Webb, Allegheny—Blue Ridge Alliance, March 31, 2018 As reported previously, aerial photographs of apparent unauthorized construction work where Dominion Energy proposes to drill through the Blue Ridge Mountains for the Atlantic Coast Pipeline were obtained during recent surveillance flights conducted by the Pipeline Compliance Surveillance [...]]]></description>
			<content:encoded><![CDATA[<p></p><p><div id="attachment_23238" class="wp-caption alignleft" style="width: 300px">
	<a href="/wp-content/uploads/2018/03/286ED43B-0F63-4232-9A0E-E0A8D7E24AF7.png"><img src="/wp-content/uploads/2018/03/286ED43B-0F63-4232-9A0E-E0A8D7E24AF7-300x168.png" alt="" title="286ED43B-0F63-4232-9A0E-E0A8D7E24AF7" width="300" height="168" class="size-medium wp-image-23238" /></a>
	<p class="wp-caption-text">Example tunnel drilling launch site in WV</p>
</div><strong>Subject: Dominion&#8217;s Assault on the Blue Ridge Mountains</strong></p>
<p>From: <a href="http://friendsofnelson.com/dominions-assault-on-the-blue-ridge/">Rick Webb, Allegheny—Blue Ridge Alliance, March 31, 2018</a></p>
<p>As reported previously, aerial photographs of apparent unauthorized construction work where Dominion Energy proposes to drill through the Blue Ridge Mountains for the Atlantic Coast Pipeline  were obtained during recent surveillance flights conducted by the Pipeline Compliance Surveillance Initiative (CSI), a program of the Allegheny-Blue Ridge Alliance (ABRA). Requests for investigation and clarification were submitted to FERC and the Virginia DEQ.</p>
<p>In response to media inquiries concerning “noncompliance with restrictions against earth disturbance and construction prior to receipt of required approvals,” Dominion spokesman, Aaron Ruby, asserted that the company is doing nothing of the sort, and that it is instead doing a geotechnical survey. See the article: <a href="https://www.newsleader.com/story/news/local/2018/03/23/pipeline-group-files-against-ferc-pipeline-prep-area-allegedly-being-constructed-citizen-group-files/452253002/">Pipeline prep area allegedly being constructed, citizen group files against FERC, News Leader, 3/23/18</a></p>
<p>CSI Investigator, David Sligh, has responded on behalf of ABRA, objecting to Mr. Ruby’s characterization of the construction activity and noting that over a year ago, when pipeline opponents objected to inadequate geotechnical study of the proposed drilling, Dominion responded by declaring that geotechnical investigation had been “fully accomplished.” </p>
<p>See the letter:  <a href="https://www.newsleader.com/story/opinion/readers/2018/03/30/dominions-pipeline-story-doesnt-add-up/472459002/">Dominion’s pipeline story doesn’t add up, Letter to News Leader, 3/30/18</a></p>
<p><strong>THE BACKSTORY AND A WARNING</strong> </p>
<p>Dominion intends to drill 4,639 feet through the Blue Ridge under the George Washington National Forest, Appalachian National Scenic Trail, and Blue Ridge Parkway. Dominion’s plans call for use of horizontal directional drilling (HDD) and contingency use of direct pipe installation (DPI) if the HDD operation fails. Given the topographic and geophysical challenges at the site, the Forest Service initially conditioned any authorization for ACP construction on prior successful completion of the proposed HDD or DPI operations. This condition would have avoided a situation in which significant investment associated with premature ACP construction would be put at risk and in direct conflict with established legal protection of highly valued public resources. Should the HDD and DPI prove impracticable after ACP construction is underway, there will be a strong incentive for allowing an open-cut crossing of the Appalachian Trail and the Blue Ridge Parkway.</p>
<p>The proposed drilling operations will have an extreme environmental footprint, requiring extensive excavation for entry and exit workspace, pipe pullback, fabrication, and testing workspace, as well as siting of heavy equipment for pipe handling, and a network of access roads – all on steep mountainsides with multiple stream crossings. As with other aspects of the ACP, the public and regulatory review agencies have not had access to detailed construction plans. The areas and amount of excavation required for construction have been imprecisely specified at best.</p>
<p>The Dominion Pipeline Monitoring Coalition published a report in early 2017 describing both the risk of failure and the unavoidable environmental damage associated with the plans for drilling through the Blue Ridge. This report described the risk factors confronting both the HDD and contingency DPI operations. Although detailed geophysical investigation of the drill path is standard practice for assessing the feasibility of prospective HDD and DPI operations, the information considered during environmental review was limited in both scope and reliability. No subsurface borings were completed at or near the HDD endpoints and geophysical survey data were obtained for less than 25% of the drill path. </p>
<p>Now, we learn that Dominion Energy is belatedly collecting data that should have been collected and made available during environmental review. </p>
<p>Dominion Energy knows how to game the system:  defer collection and analysis of essential environmental data until after the review process is concluded and approvals have been obtained. </p>
<p><a href="http://pipelineupdate.org/wp-content/uploads/2018/03/20180313-MP158-INCIDENT.pdf">CSI Incident Report</a> &#8211; submitted to DEQ, 3/13/18</p>
<p><a href="http://pipelineupdate.org/wp-content/uploads/2018/03/20180322-522332751808.pdf">Request for Investigation</a> &#8211; Submitted to FERC, 3/22/18</p>
<p> >>> Rick Webb, Committee Chair<br />
Pipeline Compliance Surveillance Initiative<br />
Allegheny-Blue Ridge Alliance<br />
rwebb.481@gmail.com</p>
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