Kathy Chandler protests MVP in 2017

From an Article by Laurence Hammack, Roanoke Times, May 16, 2021

When a company building the Mountain Valley Pipeline first selected a route, cutting directly through James and Kathy Chandler’s “slice of heaven” atop Bent Mountain, it offered them $89,343.

A jury on Friday ordered Mountain Valley to pay the Chandlers $430,000. After hearing four days of testimony, the jury settled on the figure as “just compensation” for an 8.6-acre easement the company took in 2018, using its power of eminent domain to force a sale when the owners resisted.

Currently under construction, the 42-inch diameter natural gas pipeline bisects the Chandlers’ 111-acre property, passing about 500 feet from their custom-built home.

“There’s a huge gap that cuts through the heart of their land, 125 feet wide and half a mile long,” Stephen Clarke, the Chandlers’ attorney, said during the first trial to decide just compensation for the owners of one of nearly 300 parcels condemned by Mountain Valley.

The Chandlers testified about how they had long searched for the perfect place to build their dream home. In 1997, they found a remote spot on Bent Mountain, with forests and pastures along Mill Creek, that became their “slice of heaven,” James Chandler testified.

When plans for the pipeline were announced in 2014, the Chandlers knew their land would be forever changed. Even after it is buried, the pipeline will occupy a cleared right of way through a forest that Kathy Chandler once called her yard. “The pipe will always be there,” James Chandler told the jury. “It will always be a visual reminder. Nothing will be normal.”

After Mountain Valley decided to build a pipeline that will pass through the New River and Roanoke valleys on a 303-mile path from northern West Virginia to Pittsylvania County, the joint venture of five energy companies began to buy the land it needed. About 85% of the landowners struck voluntary agreements, the company has said.

In October 2017 — about two weeks after the Federal Energy Regulatory Commission found there was a public need for the natural gas that will be pumped through the pipeline at high pressure — Mountain Valley sued the owners of about 300 parcels in Virginia who had refused to sell.

Under the Natural Gas Act, the company was allowed to use the power of eminent domain, which originally was used by governmental agencies for public projects such as highways or schools.

U.S. District Judge Elizabeth Dillon granted Mountain Valley immediate possession of the land, allowing it to begin cutting trees in early 2018 while the property owners waited to be paid.

Since then, most of the cases have been settled, either through voluntary agreements or after a judge’s ruling on evidentiary issues forced a resolution. About a dozen cases remain pending.

Mountain Valley often makes lowball offers while using its eminent domain authority as leverage over landowners, according to Mark Jarrell of Protect Our Water, Heritage, Rights, an anti-pipeline coalition. Jarrell, who is from West Virginia, owns land that has been taken by Mountain Valley.

“Regardless of how great or small a verdict may be, the forced easement is a loss, a gut punch for landowners — like being taken to the gallows,” Jarrell said in a statement following the trial. “This is a no win, they’ve lost their privacy, peace of mind, their sense of safety and security, and they have a potential 42-inch pipe bomb in their back yard.”

The Chandlers’ trial featured a mostly empty courtroom, rearranged to accommodate for pandemic social distancing, and the numbers-laden testimony of appraisers to determine a fair-market value of their loss.

Joseph Thompson, a Roanoke appraiser hired by Mountain Valley, put the value of the land and home at about $1 million. The pipeline would diminish that by 15%, he told the jury, arriving at a just compensation amount of nearly $170,000, which included temporary easements.

Virginia Beach appraiser Dennis Gruelle offered a much different picture when called by the Chandlers. By Gruelle’s calculations, the property was worth about $1.6 million, which was reduced 40% by the pipeline’s presence.

That meant Mountain Valley owed the Chandlers $665,391, Clarke argued. After deliberating for a little more than an hour, the jury returned with a verdict of $430,000 — roughly in the middle of the two requests.

The jury was not told how much Mountain Valley had offered to pay for the land, or the outcome of any negotiations. After the trial, Clarke said the $89,343 offer from Mountain Valley was made before the eminent domain suit was filed in 2017.

Although Mountain Valley’s right to take private land for its own profit was not a question for the jury, pipeline opponents hope trials like the Chandlers’ will draw more attention to the subject.

“Our constitutional girders rest upon private property ownership,” Jarrell said. He urged legislators to make changes to a law that allows property to be “literally stripped and quartered at the whim of a private gas company.”

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See also: DEQ denies MVP Southgate water quality permit — again, Lisa Sorg, Progressive Pulse, April 29, 2021

The North Carolina Department of Environmental Quality has again denied a key water quality permit for the proposed MVP Southgate natural gas pipeline, dealing another setback to the controversial project that would run through Rockingham and Alamance counties.

DEQ originally denied the water quality permit application last August. At the time Division of Water Resources Director Danny Smith wrote that because of “uncertainty surrounding the completion of the MVP Mainline project … work on the Southgate extension could lead to unnecessary water quality impacts and disturbance of the environment in North Carolina.”

MVP appealed the DEQ’s denial to the Fourth Circuit Court of Appeals in Richmond, Va. But last month, appeals court judges determined that DEQ’s decision to deny the permit was consistent with state and federal law. The agency also adequately explained its concerns about the viability of Southgate in the context of the delayed mainline project. But where DEQ erred, the court said, is that it failed to fully explain why it chose to deny the permit outright rather than granting a conditional one, contingent on the successful construction of the main line.

Today’s denial corrects that error and explains the agency’s reasoning, DEQ said.

What: Mother’s Day Pie Potluck, and Proclamation

Where: BlackBerry Springs Farm, 437 Blackberry Spg., Alderson, WV. Summers county!

We are hoping that these will pop up all over the place.

When: Sunday, May 12, 3:33 PM

Who: EVERYONE who has a mother and cares about water and resists pipelines

On Sunday, May 12 at 3:33 pm, mothers and those who love mothers will gather to share stories, eat pie and proclaim their dedication to protecting and defending our sacred waters.

Across the world, dangerous pipeline projects are threatening communities. We will express our intention to defend our communities–human and natural– from the risks, threats and continued abuse of petro-colonization.

We will call upon our elected officials, our regulators and the corporate interests that are prioritized over the health of our children, families and communities to take heed of our warning: If they do not protect our waters, we the people will.

Contact:Beth Laferriere: (304) 923-3716, directmommy@gmail.com

Yes, grandmothers are getting arrested for stopping pipelines to protect your future!

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Support Camp Granny Smith and WV Pipeline Resistors

A new pipeline resistance camp has emerged in West Virginia’s Eastern Panhandle, where the Eastern Panhandle Protectors need your help in stopping an extension of the Mountaineer Gas Pipeline for a proposed Rockwool mineral wool factory.

The fracked-gas pipeline extension appears crucial to the viability of the factory, which will require natural gas, coal, and pet coke to fire its furnaces to a temperature hot enough to melt rock — and in the process release polluting emissions and endangering the local water supply.

Rockwool, based in Denmark, would be unable to build such a plant in that country because it would violate Danish environmental laws. Instead, Rockwool chose Jefferson County, W.Va., near struggling communities of color and low-income families.

Despite widespread opposition, the West Virginia Department of Environment approved the pipeline extention’s permit March 29, without a public hearing.

Eastern Panhandle Protectors has set up Camp Granny Smith to put bodies on the line to protect families and natural communities from poisoned water and air. Your help will support camp expenses and resistant efforts, as these protectors refuse to consent to ecocide.

Other ways to give. Designate “Eastern Panhandle”: Venmo: @iacjva; PayPal: iacjvirginia@gmail.com; Web site: www.iacjva.org/give

Check: Make out to Interfaith Alliance for Climate Justice with “Charis” in memo and mail to P.O. Box 184, The Plains, VA 20198

Save the Trails & Views in WV & VA

This Land: There are many reasons to oppose natural gas pipelines

This Land Column by Dan Radmacher, Appalachian Mountain Advocates, February 23, 2017

Virginia Gov. Terry McAuliffe has rightly lauded decisions by two West Coast breweries to build East Coast facilities in Virginia. But he doesn’t seem to truly understand why Virginia — and specifically the Roanoke area — appealed to those executives.

One of the coolest things about living in Roanoke — and there are many — is easy access to the Appalachian Trail and other great hiking locations. There are several awesome hikes along the trail within a short drive. You can hike up Tinker Mountain and get a great view of Carvin’s Cove, or drive out 311 and either climb Dragon’s Tooth or head out the other direction to one of the most photographed spots in Virginia: McAfee’s Knob.

When Deschutes announced its decision to build an East Coast brewery in Roanoke, executives specifically mentioned the region’s outdoor recreational opportunities and other quality of life issues. The company’s headquarters is in Bend, Ore., an outdoors paradise, and executives wanted a similar location.

Roanoke’s got great hiking, biking and paddling opportunities in and around the city. Natural beauty is everywhere — and more people have begun to recognize that being a cool mountain city is a good for business.

But McAuliffe doesn’t seem to understand that allowing the construction of multiple natural gas pipelines through Virginia will have a negative impact on those qualities, and not just in and around Roanoke. The Mountain Valley Pipeline and Atlantic Coast Pipeline will both cut across the Appalachian Trail and the Blue Ridge Parkway.

The Mountain Valley Pipeline would cross the AT at a spot in the Jefferson National Forest in Giles County. The Appalachian Trail Conservancy said the location is “an area of unbroken wild landscape consisting of forest, rocky outcropping and grassy bald” free of human development. The pipeline company has said it might drill a borehole under the Appalachian Trail to minimize the impact, but hasn’t ruled out cutting a trench across the trail.

Though both pipelines will be buried, the disruption from construction and the ongoing maintenance of the 125-foot utility corridor will create a visual blight visible from the Appalachian Trail, the Blue Ridge Parkway and other locations, marring scenic vistas across the state.

Visual pollution isn’t the only problem. Compressor stations along the pipeline will contribute to air quality problems and noise issues. And, of course, the pipelines will be at constant risk of exploding.

But none of that makes an impact on McAuliffe, who continues to support the pipelines as economic drivers — ignoring the long-term economic damage they will do. McAuliffe also ignores the long-term environmental damage the pipelines will cause and their major contribution to climate change.

According to a recent study by Oil Change International, methane leaks from the two pipelines will cause as much greenhouse gas pollution per year as 45 coal-fired power plants. The multibillion-dollar investment in the pipelines will also discourage the development of renewable, clean-energy alternatives.

Former congressman Tom Perriello, running for the Democratic gubernatorial nomination against Lt. Gov. Ralph Northam, is strongly opposing the pipelines. “If elected governor, I will use the authorities available to me to prevent these pipelines and instead encourage all stakeholders to invest in opportunities that create far more Virginia jobs, keep more value in the community, protect our landholders’ rights and protect our beautiful natural heritage,” Perriello said during a Richmond news conference.

Perriello said the threat of climate change and the need to invest in clean energy drove his decision — and he further promised not to accept any campaign contributions from Dominion, which has given $20,000 to Northam and has been a major supporter of McAuliffe’s.

Republican gubernatorial candidate Denver Riggleton, who lives in Nelson County near the Atlantic Coast Pipeline route, is also opposing the pipelines. He’s running against former Republican National Committee chairman Ed Gillespie, a pipeline enthusiast like McAuliffe.

These pipelines aren’t good for Virginia — or West Virginia. They aren’t good for the economy, the environment or the future well-being of the people who live here. It’s a shame McAuliffe is blind to that.

>>> Dan Radmacher is former editorial page editor of The Charleston Gazette and The Roanoke Times. This Land is a weekly column produced by Appalachian Mountain Advocates.

Trespassing on Private Property is Illegal

Bills to let surveyors on private land without permission shall not pass

>> From the Editorial, Morgantown Dominion Post, Opinion Page, February 27, 2017

Honestly, we expected better from lawmakers who introduced these bills.  But, since “doublespeak” is the rage and still fools many, why not?

We refer to two measures in the Legislature to provide gas companies access to land without the property owners’ permission.  Last fall, the state Supreme Court upheld a lower court ruling that barred a pipeline project’s surveyors from private land.

In West Virginia, state law required companies to demonstrate a public use to justify allowing surveyors to enter private property without an owner’s permission. The judge ruled that the pipeline company failed to establish sufficient public use and issued an injunction barring surveyors from the property.

In November, the state Supreme Court affirmed that lower court’s decision that surveyors for the Mountain Valley Pipeline (MVP) had no right to enter the property without permission.

“MVP has been unable to identify even a single West Virginia consumer, or a West Virginia natural gas producer who is not affiliated with MVP, who will derive a benefit from MVP’s pipeline,” the ruling stated.

As a result, the company could not rely on a state law that could have vested MVP with the power of eminent domain to survey the couple’s property without consent.

Now, rather than attempt to take the high ground and rewrite our state’s eminent domain laws, certain legislators took the low road. Both SB 245 and HB 2688 require companies to send the owner 15 days notice of their intent to survey a property owner’s land.

However, the bill makes no provision for the owner’s receipt of the certified mail, only that notice is sent.  If the owner fails to reject this request within that 15 day period the surveyors can enter the property without permission.

As one of our readers recently put it, “In other words, they have the right to come onto your property unless you tell them to stay off. Why not just let them borrow your truck or raid your freezer unless you tell them no, too?  When companies obscure, disguise, distort or reverse the spirit or letter of our laws to serve their interest, we say, Hell no.”

Trying to legitimize trespassing does not make this truth easier to swallow.

We urge voters to take note of the legislators who support these bills. Because, in the coming weeks, you can expect even worse from them.

>>> West Virginia Code – §61-3B-3. — Trespass on property other than structure or conveyance.

See also:  Appalachian Mountain Advocates

No Pipeline(s) thru our National Forests

Update from Greenbrier River Watershed Association, March 7, 2016

Upcoming meetings you may want to attend:

Dominion Power ACP Public meetings www.dom.com (Corporate-What We Do- Atlantic Coast Pipeline-Open Houses and Meetings)

Augusta County –Tuesday, March 8– Churchville Elementary School 5-7:30 p.m.

Bath County–Wednesday, March 9– Bath County High School 5-7:30 p.m.

Pocahontas County–Thursday, March 10 — Snowshoe Mountain Lodge Ballroom 5-7:30 p.m.

March 15– WV DEP meeting to discuss Mountain Valley  Pipeline Air Quality Permit at Meadow Bridge Fire Station, 8958 Sewell Creek Road 6-8 p.m. See the draft permit at:

www.dep.wv.gov/daq/Pages/NSRPermitsforReview.aspx

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Forest Service Seeks Comments on Authorizing Surveys for the Proposed Atlantic Coast Pipeline in the Monongahela National Forest

(March 2, 2016) Elkins, WV– The Forest Service is seeking comments on whether to allow surveys on a 5.4-mile segment of the Monongahela National Forest for the proposed Atlantic Coast Pipeline in Pocahontas County, WV. Proposed environmental surveys include surveying wetlands, water, soil, and suitable habitat for sensitive species, including federally listed threatened and endangered plants and animals. Surveys will also record and document cultural resources and invasive species. Surveys would likely also include soils, geology, recreation/scenery, and any other surveys deemed necessary for evaluation of the pipeline proposal. The Forest Service will use public comments and an environmental review to decide whether to issue a temporary (12 month) special use permit for the environmental and cultural resource surveys in the Monongahela National Forest. Comments are being accepted through Monday, March 21, 2016.

Please email comments to comments-eastern-monongahela-marlinton@fs.fed.us

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Newest Interactive Map for Atlantic Coast Pipeline:

The Dominion Pipeline Monitoring Coalition has published an online interactive map depicting environmental risks and sensitivities associated with the proposed Atlantic Coast Pipeline. The purpose of the ACP-EMS is to organize and provide access to environmental information related to ACP permitting and oversight. The geographic focus of the ACP-EMS includes approximately 200 miles of the western mountainous and upland section of the proposed pipeline.

Current information layers include: Alternate pipeline corridors, Construction access roads, Public conservation lands, Corridor slope steepness, Corridor erosion potential, Trout streams, Surficial karst distribution, Virginia map-documented sinkholes, Potential horizontal drilling locations and staging areas, Cow Knob salamander impact corridor, Red spruce ecosystem restoration areas, more to come . . .

The ACP-EMS is a work in progress undertaken by the Dominion Pipeline Monitoring Coalition and partner organizations. We invite suggestions and collaboration.

Please go to www.pipelineupdate.org then to get maps

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Recent meetings covered:

Pocahontas County Commission meeting with Dominion:

www.pocahontastimes.com/crowd-gathers-for-dominion-presentation/

ABRA and Appalmad meeting with concerned citizens near Snowshoe:

www.theintermountain.com/page/content.detail/id/595913/Pipeline-s-new-route-a-concern.html?nav=5014

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West Virginia Legislative News Updates —

Find contact information at www.legis.state.wv.us

For up-to-the-minute news from the legislature and beyond, click on the links of our friends at WVEC and WVCAG newsletters below. They usually come out on Fridays. Kudos to the stalwart individuals who try to work with our legislators to inform them about our issues. They deserve our gratitude and support!

West Virginia E- Council Legislative Updates

West Virginia Citizen Action Group Updates

FERC is starting to listen to thousands of protests

Public Comments at FERC Scoping Meeting on ACP Pipeline in Elkins (3/25/15)

Submitted by April P. Keating, Concerned Resident, Upshur County, WV

Elkins, WV –On the evening of March 25, at the Elkins High School, the Federal Energy Regulatory Commission (FERC) held a public hearing over the proposed Atlantic Coast Pipeline (ACP). About 200 members of the public attended and around 34 people spoke. There were approximately 20 speakers against the project and 11 in favor.

FERC is an “independent” federal agency whose members are appointed by the President. They are perhaps the only thing standing between the public and this project. It is their duty to decide whether this project should be approved, and, more specifically, whether such a pipeline is in the interest of the public need. Some, including attorneys from Appalachian Mountain Advocates, have said that it is not clear whether this project qualifies for a “certificate of public convenience and necessity” because it is not clear that this project fills a public need, as it is not supplying gas directly to consumers.

From the FERC website: “Scoping meetings, which are sponsored by FERC, are utilized by staff to identify relevant issues of major Certificate projects, pursuant to NEPA. Scoping is the process of defining and refining the scope of a environmental impact statement (EIS) or environmental assessment (EA) and the alternatives to be investigated. The scoping process is one of the opportunities for public involvement. Affected property owners and other stakeholders can provide detailed comments about issues pertaining to their properties. For example, stakeholders can provide information on sensitive environmental features in the project area; suggest alternatives to be evaluated; or help identify construction constraints.”

The FERC has a duty to evaluate every comment, and Wednesday evening’s docket certainly provided them with a large list of concerns to consider. It took over two hours for everyone to speak. The speakers ranged from suited business leaders to “little old ladies” and everything in between. The list of topics was as varied as the people in attendance, and included environmental concerns, safety issues, economic matters, property values and landowner rights, and corridor sharing. Most of those in favor were, predictably, higher-ups in the industry, but those who spoke against the pipeline came from all walks of life. It was interesting and inspiring to hear their comments.

Several people came with speeches prepared, a few spoke off-the-cuff or from notes. Some were informed by science, others by experience, and a few by faith. Some addressed their comments to the room, but most people spoke directly to the commission, whose representative on stage took notes during the comments. The audience was quietly respectful, but would occasionally break out in applause for a comment that was particularly relevant to the heavy burden this pipeline would place on our culture, our way of life, our health, and our safety.

Of course, all the industry people spoke of employment, clean air, and supposed tax revenues, all blown up figures, in my opinion, except for the money they stand to make. They were unabashed about that.

Listings of topics covered and some not covered are provided in the attached Comment.

Though it was gratifying to hear so many comments outlining the dangers, it was a bit disappointing that more people did not speak of the effects on such things as geologic formations, historical and archaeological sites, and other data-driven material.

The scoping comment period is open until April 28. To comment online, go to: http://www.ferc.gov/docs-filing/ecomment.asp and use docket # 15-6-000 for ACP,  15-5-000 for the supply header (they are attached, so both should be included) and 15-3-000 for Mountain Valley Pipeline.

I was pleased with the turnout, and though it could have been larger, it was probably better than that in Bridgeport, where gas and oil seem to be king. I can tell you that if we don’t pay attention to the ramifications of these projects, we will soon be out of water and asking ourselves, Why, oh why, didn’t we stop it when we had the chance?

Note:  April Keating is an active member of the local group named Mountain Lakes Preservation Alliance.

See also:  www.FrackCheckWV.net and www.MAREproject.org

Drill pads anywhere (and everywhere)?

Oil and gas industry aims to get its way

Guest Commentary by William R. Suan, Morgantown Dominion Post, March 1, 2015

The Marcellus shale once sounded like a financial opportunity that I wanted to be part of; however, it seems we now have an industry out of control using its money, lobbyists and political muscle to bully West Virginia property owners. The issue of forced pooling, fair pooling or lease integration, or whatever the industry wants to call it, is the taking of personal property rights to benefit profits of private corporations.

The industry argues that they cannot develop some mineral tracts because of lost and unaccounted for heirs. West Virginia has a statute addressing the issue, and it is a fair law. When there are missing and unknown heirs, the driller can lease that interest and put royalties in escrow for seven years. After the time is up, the property and royalties go to the surface owner.

The industry complains that the unwilling mineral owners who refuse to sign a lease are stopping them from developing mineral tracts to their full potential. Against unwilling owners who have a partial interest in a mineral tract and are unwilling to sign a lease, the industry can bring a partition action to settle the issue. Another issue is the industry saying we already have forced pooling in the Utica shale. This is a misleading statement. This law was passed before horizontal drilling and was passed for well-spacing purposes.

The gas industry has thousands of acres held by production (old leases) that they are not drilling. The industry says they can drill multiple wells on one Marcellus pad. Why are they not drilling more wells on existing pads? The gas industry has enough acres and leases to drill for many years.

The industry will use a forced pooling law to bully West Virginia property owners. Land men already use the tactic, “If you don’t sign this lease, we will just take it.” I have been threatened this way.

The oil and gas industry can come onto a person’s property, take acres of it because the minerals have been severed and owned by another party. Try to imagine owning property and being helpless when this industry shows up with its equipment and takes whatever it wants. They now want to lay pipelines by using eminent domain and can lay pipelines on property according to terms of an old lease. Now the industry is asking lawmakers to give them the right to come and take the mineral rights you own and tell you what you will be paid for them. This will be used to bring down the price of leases and eliminate negotiation. The mineral owner would have to make his or her case to not be “forced pooled” to the industry-friendly oil and gas commission.

The natural gas industry is a long way from running out of leased mineral tracts to drill. There is no need for a forced pooling law. The industry wants forced pooling to benefit its profits and investors, not West Virginia’s workers and mineral owners.

The industry has pushed this issue in past legislative sessions and it has failed. With the new “business friendly” leadership, I am sure the industry feels this is an opportunity to get its way.

If you want to protect private property rights, contact your legislator and tell them to vote “no” on the forced pooling law.

>>> William R. Suan is a mineral and farm owner near Lost Creek, in southern Harrison County, WV.