Workshop off I-64 west of Charlottesville

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 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 registration is required.

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.”

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.

“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.

The day will also consist of guest speakers covering an array of topics on the pipeline and issues it brings to light. 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.

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.

“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.

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. 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.

“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.

“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.

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.

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.

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.

“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.

Attendees are encouraged to bring something to sit on throughout the day and lunch, although a lunch can be provided with a fee upon registration 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.

Some of ACP path in Nelson County where local residents oppose pipeline

From an Article by Emily Brown, Lynchburg News & Advance, December 17, 2018

The board has not yet decided who will represent the county and supervisors in the lawsuit. County Administrator Stephen Carter said such a decision could be made Tuesday, when supervisors are scheduled to have a special called meeting. The agenda for the meeting, set for 4 p.m. in the former supervisors meeting room at the Nelson County Courthouse, includes a “closed meeting” to discuss the case.

Nelson County and its supervisors have less than two weeks to respond to ACP’s complaint.

In a phone interview Monday, Supervisor Ernie Reed said he’s confident in whomever the board chooses as legal counsel, adding he thinks the county is in good position to defend itself.

“I think the main issues are procedural,” Reed said. “I don’t think it’s necessary that an attorney have a strong background on this … because there are resources available to be able to [get] that information without [having] the experience.”

Rutherford said he is only concerned with hiring “someone who is looking out for what’s best for Nelson County, period.”

While the county has insurance that will cover some of the legal costs the county will incur from the case, according to Carter, a portion of the fees will not be covered.

Given the uncertainty of whom the board will hire as legal counsel and how much time the case will require, it’s unclear how much money the county may have to spend on the suit. But Rutherford has thought of the ramifications.

“This lawsuit’s gonna cost us,” Rutherford said. “… I am of the assumption that [the county will] pay what it costs, but it’s hard to estimate what that’s gonna be.”

Following the denial of permitting requests at the local level this month, Atlantic Coast Pipeline took an unprecedented step in an attempt to move the project forward, filing a lawsuit against a locality — Nelson County — for the first time in the years-long approval process.

Three days after Nelson’s Board of Zoning Appeals denied the company’s variance requests for floodplain crossings, ACP filed suit against Nelson County and its board of supervisors.

The lawsuit, filed in the United States District Court’s Western District of Virginia on December 6th, is seeking a judgment stating the Natural Gas Act “preempts” the requirements of Nelson’s floodplain ordinance, which would include “obtaining any zoning permits for any of the floodplain crossings.”

According to officials from Dominion Energy, lead partner of the ACP, the suit against Nelson County is the first of its kind for the project — a 600-mile natural gas pipeline that will stretch from West Virginia to North Carolina and through Virginia.

“While it was not our preference, now that the Nelson County Board of Zoning Appeals has denied our applications, we have no choice but to take the next step of seeking preemption from the federal courts,” Dominion spokesman Karl Neddenien said in a statement Monday. “ … There is a well-established process for resolving conflicts between the decisions of a local governing authority and a federal agency, in this case the [Federal Energy Regulatory Commission].”

FERC approved the route and issued a Certificate of Public Convenience and Necessity for the ACP in October 2017.

The denial of four variance requests, thanks to a 3-2 vote of the BZA on December 3rd, also represents the first time a locality has denied floodplain crossing requests, according to project officials. Elsewhere along the route, ACP also was required to obtain local permits for floodplain crossings, but Nelson County was unique in its review of the requests.

Because of changes to the county’s floodplain ordinance passed in September 2017 — which resulted in the pipeline qualifying as a “critical facility” that normally would not be allowed to be constructed in a floodplain — ACP was required to obtain variances from the BZA for 11 floodplain crossings. The 11 crossings combine to make up about 3½ miles of the 27-mile pipeline route through Nelson and 1 mile of access roads for the project.

In February 2018, the BZA unanimously dismissed seven of the 11 applications because ACP had not obtained easement agreements from owners of those properties. The four remaining applications, which were reviewed by the BZA’s hired outside consultant KCI Technologies, were denied by the BZA earlier this month.

According to Neddenien, ACP believes the BZA’s decision “is in direct conflict” with FERC’s decision to approve the route. ACP’s lawsuit states, “The application of Floodplain Regulations to the Project conflicts with federal law and regulation and will delay construction and operation of the Project.”

If the court rules in ACP’s favor, the “degree of injury” Nelson County and its supervisors will suffer is “less than the injury” ACP would incur if the court denies the request in the lawsuit, the company alleges in the suit.

Reached Monday by phone, Nelson County Supervisor Jesse Rutherford said he wasn’t surprised by ACP’s lawsuit. “I think everyone knew it wasn’t a matter of if, but when,” he said.

The county and supervisors were named as defendants in the suit because the BZA acts as its own judicial body, similar to a court, and therefore cannot be a defendant.

While the county now must defend itself against the suit that resulted from the BZA’s decision — and incur costs associated with legal fees — Rutherford said he’s not upset by the suit.

“I can appreciate those who voted no, and I can appreciate anyone who voted yes, because that’s their right,” Rutherford said of the BZA members, “and it’s Dominion’s right to take it to [court].

“Anytime something goes before the BZA, there’s the chance that’s gonna happen.”

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Risky and Unnecessary Natural Gas Pipelines Threaten Our Region | Southern Environmental Law Center

https://www.southernenvironment.org/cases-and-projects/proposed-natural-gas-pipeline-threatens-scenic-western-virginia