Land owners in Craig County (Virginia) discuss Mountain Valley Pipeline (MVP)

From an Article by Laurence Hammack, Roanoke Times, October 7, 2019

The U.S. Supreme Court said Monday it will not hear an appeal from a group of Southwest Virginia landowners whose property was taken, before they were paid, for a controversial natural gas pipeline.

An order filed on the court’s first day of a new term gave no reason why it declined to consider the case, which involves land seized by eminent domain for the Mountain Valley Pipeline.

A group of about a dozen landowners had hoped the court would overturn a ruling by a Roanoke-based federal judge, who last year gave Mountain Valley immediate possession of about 300 properties in a decision that cleared the way for tree-cutting to begin.

In a practice known as “take first, pay later,” the question of how much the landowners should be compensated was put off until a later date.

“Somewhere along the way, this is something that needs to be resolved,” said Karolyn Givens of Giles County, the lead plaintiff in the case. “It is dead wrong to take somebody’s land, damage it … and then walk away and leave the land damaged.”

Since Judge Elizabeth Dillon and two of her counterparts in West Virginia gave Mountain Valley the right of eminent domain — which involves the taking of private land for a public use — most of the property owners along the pipeline’s 303-mile route have reached settlements with the company over how much their land was worth. Givens has not; a trial in her case is set to begin October 21.

In asking the Supreme Court to take the case, attorney Christopher Johns wrote that Dillon’s decision and others like it “let MVP cut down trees and bulldoze land before anyone knows whether the pipeline will ever be built.”

Since tree cutting began in February 2018, construction has been hampered by the loss of two key federal permits, which were struck down after legal challenges by environmental groups.

Mountain Valley also faces a lawsuit by Virginia regulators, who claim the company repeatedly failed to curb erosion and sedimentation.

Mountain Valley, which says the pipeline will be completed by the middle of next year, called the appeal an effort to delay the $5 billion project. “The court’s resolution of the merits in this case would have little, if any, practical import to the parties here — if the dispute is not already moot by then,” pipeline attorneys wrote in asking the high court to let Dillon’s ruling stand.

Givens and the other plaintiffs had faced an uphill battle, as the court hears arguments and renders a decision in only about 1% of the approximately 8,000 appeals filed each year.

Although crews have yet to bury a 42-inch diameter pipe on a strip of Giles County farmland owned by Givens, she says that blasting for the trench has unearthed a cave — and exposed potential problems with contamination being spread through the underground karst formations in the region.

Mountain Valley says in documents filed with the Federal Energy Regulatory Commission that its specialists found no direct evidence of “any pre-existing karst voids or conduits,” in the area, where construction was stopped when a permit to cross the nearby Jefferson National Forest was struck down.

Helicopter of MVP hobbled with some damage

Also on Monday, a pipeline protester spent several hours chained to a Mountain Valley helicopter. The aircraft had been parked overnight in a construction area in Montgomery County, not far from where the pipeline will cross the Roanoke River. The opponent was positioned just below the helicopter’s blades, next to a banner that read “Doom to the Pipeline.”

Virginia State Police spent several hours at the scene, finally removing the person about 11:30 a.m. Standing on top of the helicopter, the protester raised both arms in the air, prompting cheers and whistles from about a dozen supporters who watched several hundred yards away.

In a statement released by Appalachians Against Pipelines, the anonymous protester said direct action was needed to stop the damage being caused by pipeline construction, and that is to come with the release of harmful greenhouse gases. “In times such as these, with the catastrophic effects of global warming accelerating at an alarming pace, it is imperative to act now,” the statement read. It was not clear Monday whether any charges had been filed.

Since work began last year, more than 50 people have been charged with sitting in trees, chaining themselves to equipment or hindering construction in other ways. Monday’s incident was the first involving a helicopter. The helicopter was being used for hydro-seeding, which is part of an effort to control erosion and sedimentation along the right-of-way, Mountain Valley spokeswoman Natalie Cox said.

Monday’s incident left the helicopter damaged, Cox said, “the extent of which is still being evaluated.”

On Aug. 15, Mountain Valley said it had decided to suspend new construction in much of Virginia, following a lawsuit filed by environmental groups that claimed the work was harming endangered and threatened species.

Both the 4th U.S. Circuit Court of Appeals and FERC have since been asked to order a full stop to construction while the case is pending. Neither had reached a decision by late Monday.

People Over Pipelines

We have a Report from Erin McKelvy. Erin is a resident of the Blacksburg VA area and an affiliate of Blue Ridge Rapid Response Project (or BRRRP) and is helping to organize the “Stop The Pipelines Action Camp” in that area from July 13-17th, 2017. The action camp is being organized in hopes to spread resistance to the Mountain Valley & Atlantic Coast Pipelines that are traversing Appalachian West Virginia, Virginia and, in the MVP’s case, North Carolina. We talk about what it is to live in a place and defend your home, to get to know your neighbors, to build the skills needed to resist ecocidal, capitalist infrastructure projects.

More info at https://blueridgerapidresponse.wordpress.com or contact blueridgerapidresponse@gmail.com

The event is being co-sponsored by Smokey Mountain Eco-Defense (SMED).

New industry sponsored pipeline security is being pursued by mercenary groups like “TigerSwan” as well as industry-sponsored astro-turf (or fake grassroots) group “YourEnergy” meant to muddy the water of community resistance to pipeline expansion and other infrastructural projects.

>>>>>>>>>>>>>

Virginia DEQ Programs: Water Protection for Pipelines, June 1, 2017

Due to the size and scope of proposed natural gas pipeline projects in Virginia, DEQ is developing additional requirements to ensure that Virginia water quality standards are maintained in all areas affected by the construction of these pipelines.

VA-DEQ will require Mountain Valley Pipeline (MVP) and Atlantic Coast Pipeline (ACP) to provide detailed plans to assess whether construction activities in adjacent areas will adversely affect water quality during construction and to ensure that water quality is maintained into the future. This additional certification goes well beyond other regulatory requirements and will protect water quality across the range of pipeline activities, not just temporary construction impacts to streams and wetlands.

The types of additional information developers must provide relate to environmental concerns such as karst geologic features, steep slopes, public water supplies and areas prone to rockslides. See main article sidebar, Request for Information (RFI) for ACP and MVP.

Once VA-DEQ has evaluated this information, it will develop additional water quality conditions and will give the public an opportunity to review and comment on these certification conditions. VA-DEQ also will hold public hearings on the draft certifications. Once the comment period has concluded, VA-DEQ will prepare a report and recommendations on the certification conditions for the State Water Control Board’s consideration.

VA-DEQ will hold three public hearings for Atlantic Coast Pipeline and two for Mountain Valley Pipeline.

In summary, five regulatory and review tools provide comprehensive oversight and thorough technical evaluation to ensure that Virginia’s water quality is protected.

Environmental impact review.

VA-DEQ, along with Virginia’s other natural resource agencies, submitted numerous comments and recommendations on the draft environmental impact statements published by the Federal Energy Regulatory Commission (FERC) for these pipelines. For example, Virginia identified specific concerns in a number of stream segments crossing watersheds. Virginia recommended additional pre- and post-construction water quality monitoring, heightened erosion and sedimentation control practices, and/or pre-impact characterization of proposed stream and wetland crossings.

Stormwater, erosion and sediment control.

VA-DEQ is requiring each pipeline developer to submit detailed, project-specific erosion and sedimentation control and stormwater plans for every foot of land disturbance related to pipeline construction, including access roads and construction lay-down areas. These plans must comply with Virginia’s stormwater and erosion and sediment control regulations that are designed to protect water quality during and after construction. These plans will be reviewed by qualified professionals (either VA-DEQ staff or third-party engineers) and will be posted for public review. An engineering consulting firm will assist in VA-DEQ’s review of the erosion and stormwater plans. The cost of this work is estimated to be approximately $2.2 million.

Federal wetlands and stream regulation.

The U.S. Army Corps of Engineers (Corps) is the federal regulatory partner in permitting dredge and fill activities in wetlands and streams. The Corps’ Nationwide Permit (NWP) 12 requires that water quality is protected during the construction of pipelines in wetlands and streams. The Corps will evaluate each wetland and stream crossing to see if it is consistent with the conditions of NWP 12. Because the Corps’ permit only covers construction activities that cross a wetland or stream, VA-DEQ is addressing other water quality impacts through its water certification authority. The conditions provided in NWP 12 are comprehensive and include: coordination with the U.S. Fish and Wildlife Service on threatened and endangered species; requirements to restore the pre-construction conditions at stream crossings using materials that mimic the natural stream bed; mitigation for all permanent loss over 1/10 acre and/or 300 linear feet of waters; a recommendation discouraging directional drilling in karst topography; a recommendation to use Virginia native species for revegetation; and extensive guidance and requirements for countersinking pipes.

Virginia water quality certification.

VA-DEQ will require water quality certification conditions for all potentially impacted water resources related to activities that may affect water quality outside the temporary construction impacts to stream and wetland crossings. These will provide reasonable assurance that water quality standards are maintained in Virginia’s streams. Once VA-DEQ has evaluated this information, it will develop additional water quality conditions and will give the public an opportunity to review and comment on these conditions. VA-DEQ also will hold public hearings on the draft conditions. Once the comment period has ended, VA-DEQ will recommend certification conditions for the State Water Control Board’s consideration.

Water quality monitoring.

VA-DEQ will conduct its own water quality monitoring of the pipeline projects to ensure water quality standards are maintained.

NOTE: See the schedule for public hearings and other information on the VA-DEQ website.

Interstate Pipeline Activities in WV & VA — Meetings & Other Information

From Elise Keaton, Greenbrier River Watershed Association, March 27, 2015

Mountain Valley Pipeline has announced two open houses to address the concerns of citizens along their proposed alternative routes:

Monday, April 6 (5:30-7:30 pm) Union Church of God Fellowship Center, Bud Ridge Road, Union, WV 24983.

Tuesday, April 7 (5:30-7:30 pm) Craig County High School Gymnasium, 25239 Craig’s Creek Road, New Castle, VA 24127

>>>>>>>>>>

The Forest Service has re-opened the comment period so people can submit comments about the Mountain Valley Pipeline’s revised application to conduct pipeline surveys in the Jefferson National Forest.

Comment deadline is April 2!

Click here to Comment Online

For more information about the proposal and how to send individual e-mails and letters click here.

>>>>>>>>>>

In the News

Area residents speak for, against pipelines at FERC meeting

Bridgeport, WV – Area residents both for and against the proposed 42-inch, 550-mile Atlantic Coast Pipeline shared their thoughts with the Federal Energy Regulatory Commission (FERC) during a scoping meeting at Bridgeport High School’s auditorium Tuesday.

>>>>>>>>>>

Upcoming Meetings and Events –  www.mareproject.org

Saturday, March 28 at 1 pm- Community and information meeting at the Buckhannon American Legion 16 S Kanawha St, Buckhannon,WV 26201 (Upshur County) with presentations by the Greenbrier River Watershed Association and Lawyers with Appalachian Mountain Advocates.

Tuesday, March 31 at 6:00 pm – Preserve Monroe Meeting at the Library in Union, WV (Monroe County).

Friday and Saturday, April 3-4 – Join us in Rock Camp, WV (Monroe County) for ” FRACK-tose Intolerant Festival” as we use music and art to fight the Mountain Valley Pipeline, the Atlantic Coast Pipeline, and fracking in the Virginias! This event is FREE to attend, though there is a $10 per person CAMPING FEE for those wishing to camp out on Pinky’s Farm! (Must be 18+ or accompanied by a PARENT/LEGAL GUARDIAN to camp).

Thursday, April 9 at 5:30 pm – Greenbrier County Board of Health public health and safety information gathering forum at Western Greenbrier Middle School (Greenbrier County).

Saturday, April 11 at 10am-4pm – WV-VA Water Quality Monitoring Program at the Linwood Community Library in Slaty Fork, WV (Pocahontas County). Please pre-register for this event by contacting the Eastern Shale Gas Monitoring Coordinator Jake Lemon at 814-779-3965 or jlemon@tu.org by Tuesday April 7.

>>>>>>>>>>

If you appreciate the work we are doing, please consider a donation today!

Elise Keaton, elise@greenbrier.org

Greenbrier River Watershed Association, 120 W. Washington Street, Suite #4, Lewisburg, WV 24901