The Trail along the C & O Canal connects Washington DC to Pittsburgh, PA

From an Article by Mike Lewis, Hagerstown Herald-Mail, September 26, 2019

HANCOCK — The National Park Service has signed off on a study that says extending a natural gas pipeline under the Chesapeake and Ohio Canal National Historical Park “will have no significant effects on the environment.”

But the project is still on hold after a federal court in August upheld a denial of a right of way permit under the Western Maryland Rail Trail by the Maryland Board of Public Works.

A pipeline opponent said Thursday that foes are disappointed with the National Park Service action. But he said the focus of their effort has been at the state level recently.

Meanwhile, a spokesman for Columbia Gas Transmission LLC said the company is looking to move forward and had filed a notice of appeal in the Western Maryland Rail Trail case.

The park service announced Thursday that the agency’s acting National Capital Area director had signed a Finding of No Significant Impact for the right of way permit request from Columbia Gas Transmission LLC on Sept. 23, according to a park service news release.

The document describes why the proposed pipeline path “will have no significant effects on the environment, provides the rationale for the decision and outlines conservation measures that the NPS will take to avoid, minimize and mitigate impacts,” according to the release, noting the FONSI is on the park service’s website.

Columbia Gas Transmission still needs a right of way permit from the park service to construct the pipeline under NPS land. The park service said it will issue that permit once the gas company completes an appraisal of the property that is approved by the Department of the Interior’s Appraisal and Valuation Services Office, according to the release.

The right of way permit would allow the gas company to put 553 feet of 8-inch-diameter natural gas transmission pipe under the canal towpath. The pipeline would be between 116 and 148 feet below the surface and be drilled horizontally near Hancock.

The decision to OK the permit came after an environmental assessment by the Federal Energy Regulatory Commission, according to the release. The study was required after the gas company applied for a Certificate of Public Convenience and Necessity, and for authorization under a section of the Natural Gas Act.

The ruling only impacts park service land. “No other aspects of the overall proposal, except the portion of the pipe crossing under Chesapeake and Ohio Canal National Historical Park, are under NPS jurisdiction,” the release states.

Columbia Gas Transmission, a subsidiary of TC Energy, has proposed running the pipeline approximately 3.37 miles from existing facilities in Pennsylvania to a new Mountaineer Gas Co. pipeline in West Virginia. The pipeline would run through Fulton County, Pa., Washington County, and Morgan County, W.Va.

Proponents have said the new pipeline is critical to economic development in West Virginia’s Eastern Panhandle.

Opponents have said the pipeline, which would also burrow under the Potomac River, would threaten the environment and drinking water while bringing little benefit to the state.

The pipeline has been the subject of public meetings and debates for more than three years. The project received permits from the Federal Energy Regulatory Commission, the Maryland Department of the Environment and the Maryland Department of Natural Resources. But protests against it continued in the Tri-State region and elsewhere in Maryland.

In court documents, Columbia Gas Transmission stated it has negotiated “the voluntary acquisition of easements” for 18 of the 22 tracts in the pipeline’s path. But it still needs easements to go under the Western Maryland Rail Trail and three parcels owned by the National Park Service. Those parcels are part of the C&O Canal park.

According to the paperwork, Columbia Gas offered the Maryland Department of Natural Resources $5,000 for the easement, which is more than the amount due as determined by an appraisal.

But in January, the state Board of Public Works denied Columbia’s easement application. Gov. Larry Hogan, Comptroller Peter Franchot and Treasurer Nancy Kopp voted unanimously.

At the time, Franchot cited “the compelling testimony of people who came down and said that they don’t think this is the right thing for the state of Maryland to do — that we weren’t gonna subject our state to all the environmental problems of this pipeline and get none of the economic benefits.”

In May, Columbia Gas Transmission sued. It asked the U.S. District Court in Baltimore to condemn about 0.12 acres for a 50-foot-wide and 102-foot-long easement, so the company can tunnel the 8-inch pipeline under the rail trail. Using a directional drilling method, the company would burrow the pipeline about 175 feet under the trail and about 114 feet under the river.

Columbia Gas argued that “time is of the essence” to meet the FERC deadline of July 19, 2020, and its “contractually committed in-service date” of Nov. 1, 2020.

But the state argued that the 11th amendment to the U.S. Constitution prevents a federal court from ordering the state to grant the easement.

Columbia Gas Transmission on Sept. 20 filed a notice of appeal of the U.S. District Court decision with the U.S. Court of Appeals for the Fourth Circuit in Richmond, Va., TC Energy spokesman Tim Wright said in an email Thursday afternoon. “This project is important to help ensure that everyone in the region has access to a reliable and affordable source of energy,” Wright wrote. “For that reason, we continue to look to move it forward.”

Upper Potomac Riverkeeper Brent Walls, one of the pipeline opponents, said the park service decision is of secondary importance “since we have an active legal case.”

“We would have like to have seen” the park service follow the state’s action, he said.

C & O Canal along Canal Street in Hancock, MD

From an Article by Michael Lewis, Hagerstown Herald Mail, August 20, 2019

BALTIMORE — A federal judge Wednesday upheld Maryland’s denial of an easement for a proposed natural-gas pipeline west of Hancock.

“We are pleased that the court has agreed that a private pipeline company cannot force the state to accept a pipeline under the Western Maryland Rail Trail,” Maryland Attorney General Brian Frosh said in a written statement. “We will continue to defend Maryland’s right to control its public lands against any other efforts by the natural gas industry to move forward with this project.”

The decision Wednesday came from a judge in the U.S. District Court in Baltimore.

Columbia Gas Transmission, a subsidiary of TC Energy, has proposed running the pipeline from existing facilities in Pennsylvania to a new Mountaineer Gas Co. pipeline in West Virginia.

Proponents have said the new pipeline is critical to economic development in West Virginia’s Eastern Panhandle.

“We will be evaluating our options in response to today’s decision,” Tim Wright, a spokesman for TC Energy, wrote in an email Wednesday. “We are committed to moving forward with this project to ensure that we can safely and reliably deliver a vital energy source to help power a region’s homes, businesses and economy.”

Opponents have said the pipeline, which would burrow more than 100 feet under the Potomac River, would threaten the environment and drinking water while bringing little benefit to the state.

“Really, why do we need this pipeline if it doesn’t benefit Maryland?” Brent Walls of the Potomac Riverkeeper Network said in an interview Wednesday.

The pipeline has been the subject of public meetings and debates for more than three years.

The project received permits from the Federal Energy Regulatory Commission, the Maryland Department of the Environment and the Maryland Department of Natural Resources. But protests against it continued in the Tri-State region and elsewhere in Maryland.

In court documents, Columbia Gas Transmission stated it has negotiated “the voluntary acquisition of easements” for 18 of the 22 tracts in the pipeline’s path. But it still needs easements to go under the Western Maryland Rail Trail and three parcels owned by the National Park Service. Those parcels are part of the Chesapeake & Ohio Canal National Historical Park.

Columbia is still awaiting a decision from the park service.

According to the paperwork, Columbia Gas offered the Maryland Department of Natural Resources $5,000 for the easement, which is more than the amount due as determined by an appraisal.

But in January, the state Board of Public Works denied Columbia’s easement application. Gov. Larry Hogan, Comptroller Peter Franchot and Treasurer Nancy Kopp voted unanimously.

At the time, Franchot cited “the compelling testimony of people who came down and said that they don’t think this is the right thing for the state of Maryland to do — that we weren’t gonna subject our state to all the environmental problems of this pipeline and get none of the economic benefits.”

In May, Columbia Gas Transmission sued. It asked the U.S. District Court in Baltimore to condemn about 0.12 acres for a 50-foot-wide and 102-foot-long easement, so the company can tunnel the 8-inch pipeline under the rail trail. Using a directional drilling method, the company would burrow the pipeline about 175 feet under the trail and about 114 feet under the river.

Columbia Gas argued that “time is of the essence” to meet the FERC deadline of July 19, 2020, and its “contractually committed in-service date” of Nov. 1, 2020.

But the state argued that the 11th amendment to the U.S. Constitution prevents a federal court from ordering the state to grant the easement.

Walls, the Upper Potomac riverkeeper, said he was in the courtroom Wednesday when the ruling was handed down. Walls said that, while the pipeline issue is important, another issue also is at stake.

Granting a private company the right of eminent domain over state-owned land would have “major, major implications,” he said.

Kayak protest against new fracked gas pipeline under Potomac River

From an Article by Luke Broadwater, Baltimore Sun, January 2, 2018

The Maryland Board of Public Works unanimously rejected Wednesday plans for a pipeline that would carry fracked natural gas through three miles of Western Maryland, after years of environmentalists and neighbors fighting the project.

Republican Gov. Larry Hogan and Comptroller Peter Franchot and Treasurer Nancy Kopp, both Democrats, voted against a needed easement for the pipeline, citing concern for the environment. “We were going to subject our state to all the environmental problems of this pipeline and get none of the economic benefits,” Franchot said. “This became a fairly big issue.”

Despite a state agency’s recommendation that Columbia Gas Transmission, which is owned by energy company TransCanada Corp., receive permission to build the pipeline through Washington County, board members were inundated with testimony against the project, including a letter from 62 state lawmakers.

Document: Letter from 65 Maryland lawmakers urging rejection of fracked-gas pipeline Franchot called the testimony “compelling.”

“We urge you to deny TransCanada’s proposal to build a gas pipeline through Maryland,” the lawmakers wrote. “We believe this project would reverse course on our state’s efforts to protect the health of our residents and combat climate change. … Given that Maryland has banned fracking, it defies our state’s existing energy policy to bring the same public health risks to our residents by way of a pipeline.”

The letter, organized by Montgomery County Del. David Moon, a Democrat, was signed by Democrats from around the state, including seven from Baltimore.

Hogan signed Maryland’s ban of fracking, a natural gas harvesting technique that involves injecting liquids at high pressure underground to force out the gas, in 2017.

“The construction and operation of the Potomac Pipeline would impact at least 10 wetlands and 19 streams, in addition to the Potomac River,” the letter stated. “The pipeline right-of-way includes a Potomac River crossing through the C&O Canal and the Western Maryland Rail/Trail. In addition to violating the spirit of our renewable energy portfolio and fracking ban, the TransCanada pipeline also directly endangers public health.”

A TransCanada official said the company would explore its options in light of the board’s decision. “Today’s vote denying our easement request is unfortunate,” said Scott Castleman, a company spokesman. “That being said, it does not change the need for, or the company’s commitment to, our Eastern Panhandle Expansion Project. It remains critical for West Virginia’s Eastern Panhandle and the surrounding region, and will provide much-needed additional natural gas supplies for continued business and economic development.”

While Franchot cited the lawmakers’ letter in discussing his vote, Hogan did not explain his vote except to say the legislators had nothing to do with his decision. “We were always going to have a 3-0 vote,” the governor said. “It had nothing to do with any letter from the legislature, I can assure you.”

Maryland’s Department of Natural Resources had urged approval of the easement for the pipeline through a small portion of Washington County owned by state government.

The pipeline would transport fracked gas from Pennsylvania to a new plant in West Virginia. More than 13,000 people have signed a petition opposing the proposed plant in Jefferson County, West Virginia. About 35 people, including some from Western Maryland and West Virginia, attended the Maryland Board of Public Works meeting in Annapolis to oppose the deal.

Brent Walls, the Upper Potomac Riverkeeper, said he was shocked by the board’s unanimous vote. “We had no idea it would be a 3-0 vote. We’ve been fighting this pipeline for two years,” Walls said. “If the pipeline leaks, which they do leak, it’ll get into people’s well water. I’m ecstatic.”

In a statement, the Chesapeake Climate Action Network called Hogan’s vote “dramatic and surprising.” Last year, the Hogan administration pushed a plan to increase use of natural gas in the state.

“Today, he took a step in the right direction by rejecting a permit for a dangerous fracked-gas pipeline proposed by TransCanada,” said Brooke Harper, Maryland director for the climate network. “Hopefully, this signals a reversal of the governor’s prior policy of promoting fracked gas consumption and pipelines in Maryland.”

Castleman, of TransCanada, said the pipeline project has been “studied and scrutinized” for two years by groups including the Federal Energy Regulatory Commission, the Maryland Department of the Environment and the Maryland Department of Natural Resources.

“This extensive process has confirmed that through proper design and construction our project can be completed in an environmentally responsible and safe manner,” he said. “We will consider our options over the coming days to keep this project on track.”

>>>>>>>>>> See the video here.

Protesters arrested at the Maryland State Capitol in Annapolis

From the Press Release of Denise Robbins and Brooke Harper; Chesapeake Climate Action Network, March 12,2018

Summary — In a peaceful action called “Mothers Protecting Mother Earth,” five mothers from Maryland and West Virginia blocked the steps of the Maryland State House outside Governor Larry Hogan’s office until they were arrested to protest the Governor’s support for the Potomac Pipeline. Organizers also released a protest letter to Hogan from national environmental leaders and celebrities.

ANNAPOLIS, MD- Today, five mothers were arrested outside the Maryland State House during a peaceful sit-in to oppose Governor Larry Hogan’s support for TransCanada’s proposed Potomac Pipeline for fracked gas. The action is the latest escalation against Governor Hogan’s plan to bring large amounts of fracked gas into and across Maryland via multiple pipelines at the expense of the environment and ratepayers.

The mothers successfully blocked the front entrance of the State House for nearly two hours before they were arrested for trespassing. As a show of support, the arrestees were joined by various speakers, including Maryland legislators Delegate Jheanelle Wilkins (D-20) and Delegate Robbyn Lewis (D-46), who spoke in support of their action without participating in the civil disobedience. The protesters will also joined in solidarity by dozens of environmental advocates who have been leading the movement to oppose the Eastern Panhandle Expansion Project.

Known as the “Potomac Pipeline,” this pipeline would transport fracked gas from Pennsylvania through Maryland, underneath the Potomac River, and into West Virginia for combustion. The pipeline is part of a full network of controversial fracked-gas infrastructure supported by the Governor despite his declaration of support in January for the Paris Climate Accord. New scientific data suggests that fracking is dramatically worse for the climate than previously understood.

“I love my children and grandchildren,” says Jean Cushman, an arrestee from Maryland. “What will happen to our children when there is no clean air or clean water — and more wildfires, droughts and floods? Governor Hogan can stop this pipeline and that is why I risked arrest.”

“Here’s what keeps me awake at night: wondering what the world will look like when my children and then my grandchildren reach my age,” said Liz Feighner, an arrestee from Maryland. “We need to stop fooling ourselves that fracked gas is a bridge fuel. We are out of time for half measures; as Bill McKibben says, winning slowly on climate change is the same as losing. So, here I am, a mother and grandmother, who sees no other way but to get in the way — for all children and grandchildren. Governor Hogan: Stop this pipeline.”

On Wednesday, local organizers also released a letter opposing the pipeline from some of America’s best known climate change and fracking activists. The protest letter, signed by 11 national leaders including writer Bill McKibben and filmmaker Josh Fox, calls on Governor Hogan to honor his pledge to uphold the Paris Climate Agreement by rejecting fracked gas pipelines like the Potomac Pipeline and embracing renewable energy instead.

The day after the arrests — Thursday, March 15 — is the deadline for the Maryland Department of Environment to decide whether to fully protect Marylanders’ health with a state-based “401 Certification” process under the Clean Water Act. Such a process would look cumulatively at the impacts to Maryland’s water from this pipeline and give MDE the authority to reject the pipeline. Without going through this process, Governor Hogan would essentially be approving the pipeline and handing over key regulatory powers to the Trump Administration.

Elizabeth Freeman, an arrestee from West Virginia, stated: “I am standing up to the fossil fuel community and the government agencies who are not taking the ramifications of this pipeline seriously. Pushing this through without full awareness is unconscionable, and our children will bear the burden of this recklessness.”

Pam Dehmer, an arrestee from Maryland, stated: “Everyone has a responsibility to protect and keep our planet safe from fracked gas, which pollutes our air, water and soil. Maryland banned fracking in our state — building new pipes to carry fracked natural gas through our state is taking a step in the wrong direction. We must immediately stop unsustainable oil and gas practices and build our economy around clean, renewable energy.”

Lynn Moses Yellott, an arrestee from West Virginia, stated: “Real change occurs when 3.5% of people are politically activated. I’m hoping that our actions today will inspire others be part of that 3.5%; to stand up to stop climate change; to stand up to demand that we quickly transition to alternative energy sources; to stand up to reduce consumption. Our children and grandchildren are depending on us.”

Since signing a ban on fracking in 2017, Governor Hogan has worked consistently to undermine the spirit — if not the letter — of the law. Documents show that Governor Hogan collaborated with TransCanada to allow the Canadian gas company to carry out a dangerous drilling method called “Horizontal Directional Drilling” without oversight from the Maryland Department of Environment. And despite repeated pleas from groups ranging from the Potomac Riverkeeper Network to the Chesapeake Physicians for Social Responsibility, the Hogan administration refuses to follow a standard set by Virginia and other states when it comes to reviewing impacts to water quality from fracked-gas pipelines.

Governor Hogan also supports using settlement money from the proposed merger between Washington Gas and Calgary-based AltaGas to construct fracked-gas pipelines at the expense of Maryland ratepayers. Governor Hogan has advocated for a virtually unprecedented settlement wherein the state of Maryland would spend $33 million in settlement money to assist gas companies in the construction of more fracked-gas pipelines all across Maryland. The settlement — which must be approved by the Maryland Public Service Commission later this year — also requires that AltaGas spend an additional $70 million (which could be charged to ratepayers) to promote pipeline construction and other fracked-gas infrastructure in the state.

Brooke Harper, Maryland Policy Director of the Chesapeake Climate Action Network, stated: “Last year, Governor Hogan promised to protect Marylanders from the threat of fracking when he signed a statewide fracking ban. Now, he’s reneging that promise by bringing fracked-gas infrastructure all across Maryland — and allowing dirty Canadian energy companies to do so in a way that threatens all of us. Governor Hogan, it’s time for you to stop this pipeline once and for all.”

Delegate Jheanelle Wilkins (D-20) stated: “I stood with my constituents last year when they called on Maryland legislators to protect their water, by passing a permanent fracking ban. I’m standing with them again to protect Maryland’s drinking water from fracked-gas infrastructure. I’m calling on Governor Hogan say no to TransCanada’s unnecessary pipeline.”

Delegate Robbyn Lewis (D-46) stated: “Thousands of Marylanders have expressed deep concerns about the Potomac Pipeline. Will they all be ignored? This proposed pipeline will spur more harmful fracking and more planet-warming emissions and threaten our most vulnerable communities. Let’s put an end to this madness.”

This action culminates nearly a year of opposition to this pipeline across Maryland, West Virginia, and Washington, D.C.

Organizations supporting today’s action include the Chesapeake Climate Action Network, Eastern Panhandle Protectors, Potomac Riverkeeper Network, Frack-Free Frostburg, and Food and Water Watch.

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Protesters gather Saturday to pressure Maryland Gov. Larry Hogan to block TransCanada’s proposed Potomac pipeline

From an Article by Emily Wells, Truthdig, November 8, 2017

More than 100 people gathered Saturday on the banks of the Potomac River to protest a proposed 3.5-mile underground natural gas pipeline that would cross far below the river in the DMV area—a local abbreviation that stands for Washington, D.C., Maryland and Virginia. The pipeline project, which has gone largely uncovered by mainstream media, would be built by TransCanada, a company behind the controversial Keystone XL pipeline.

“This fracked gas pipeline would go through very porous bedrock under the Potomac River. When—not if—the pipeline leaks, it would be dangerously easy for any pollutants to get into our drinking water, putting 6 million people’s health at risk. DMV residents came together today to stand up for our water and against reckless, unnecessary fossil fuel projects,” said Ntebo Mokuena, a member of 350 DC, one of the groups that sponsored Saturday’s protest, in a press release.

Sebastian Medina-Tayac, an event organizer and a​ member of the Piscataway Indian Nation and a group called Rising Hearts, added, “As the original people of this region, we depend on the river for our spiritual and material sustenance. Any threat to the river is a threat to our way of life and the future of our nation. Our elders tell us we come from the river and that it flows through our veins, the same way it flows through this great land now known as Maryland and Washington DC.”

The press release continues:

​​DMV-area groups and concerned residents have been building pressure on [Maryland Gov. Larry] Hogan to follow the lead of New York Governor Andrew Cuomo, who has rejected Clean Water Act water quality certificates for several proposed pipelines, blocking their construction. A similar water quality certificate rejection from Hogan would stop the Eastern Panhandle Extension from being built.

“This pipeline and fracked gas pipelines in general are becoming the new threat to this country. … It’s not going to benefit Marylanders whatsoever,” Denise Robbins, spokeswoman for the Chesapeake Climate Action Network, told the Sun.

H. Wood Thrasher, West Virginia’s secretary of commerce, says the pipeline is vital to the economy of eastern West Virginia, which has no underground natural gas reserves.

But Brent Walls, an advocate for the protection of the river, says that any potential leak could prove a serious health hazard for residents of the area. “There have been plenty of [incidents] across the nation where there have been gas lines that have leaked into their well water, into their drinking water,” he said. “That’s what we are mostly concerned with.”

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