Allegheny - Blue Ridge Alliance (ABRA) Protest

>>> From: Lewis Freeman, ABRA, September 29, 2018

Yesterday, September 28, a three-judge panel of the Fourth Circuit of the U.S. Court of Appeals in Richmond heard arguments on two important cases challenging permits granted to the Atlantic Coast Pipeline (ACP).

The first case challenged the December 13 decision by the Virginia State Water Control Board to grant a water quality certificate for the ACP (pursuant to requirements of Section 401 of the federal Clean Water Act).

The second case challenged the decisions of the U.S. Forest Service to amend the Forest Plans of the Monongahela National Forest and the George Washington National Forest and to accordingly issue a Special Use Permit for the ACP to cross the two forests.

The plaintiffs in both cases were a group of ABRA member organizations and others that were jointly represented by Appalachian Mountain Advocates (Appalmad) and the Southern Environmental Law Center (SELC). An article about the briefs filed in each case appeared in the September 21 ABRA Update:

https://www.abralliance.org/2018/09/21/court-to-hear-challenges-to-acp-forest-service-water-quality-permits/?highlight=court%20to%20hear%20challenges

I attended Friday’s arguments. The lawyers representing our interests – Ben Luckett of Appalmad in the 401 case; D.J. Gerkin of SELC in the Forest Service case – were most effective. More about the oral arguments will appear in next week’s ABRA Update.

For now, though, I want to highlight a particularly significant moment during the arguments presented in the Forest Service case. In the course of the argument presented by the U.S. Justice Department attorney representing the U.S. Forest Service, Chief Judge Roger Gregory, who was presiding over the panel, interrupted the attorney and noted that the U.S. Forest Service had been diligently asking Dominion Energy for more complete information on how the company would and could build the ACP through the steep forest lands in West Virginia and Virginia without causing environmental damage. The judge then observed that the Forest Service seemed to have suddenly changed its mind and proceeded to approve the requested Special Use Permit.

Judge Gregory inquired of the attorney what the circumstances were that caused the Forest Service to change course. The attorney responded evasively, prompting the judge to interrupt him again and ask: “When?” The attorney tried to continue with his non-responsive response, and Judge Gregory again interrupted with: “When?” The judge’s “When?” question was asked twice more, but never received a response, prompting Judge Gregory to thunder: “Who’s running the train?” It was a riveting moment and one that also caught the attention of Michael Martz of the Richmond Times Dispatch, whose article about yesterday’s arguments appears in this morning’s paper and is available here.

A recording of Friday’s oral arguments will be available on the Court’s website on Monday. The case numbers you will need to access the recordings are: 401 case – 18-1077; Forest Service case: 18-1144.

>>> Lewis Freeman, Executive Director, Allegheny-Blue Ridge Alliance, ABRA Web-site: https://www.abralliance.org/

Pipelines Damage Streams & Forests

Join us next Thursday evening, September 29th,  Ireland Community Building

The next step for the Mountain Valley Pipeline was the Draft Environmental Impact Statement, or DEIS. This document, released on September 16, explains the environmental impacts of building the pipeline. The impact statement’s 90-day public comment period is the key window during which we can point out the weaknesses of the draft and express just how great of a threat building the pipeline is to our communities and the environment.

We’ll review information about the Federal Energy Regulatory Commission (the agency that approves inter-state pipelines), the DEIS, as well as discuss specific environmental and community threats including property rights and property values, hydrology and water issues, and historical and cultural resources.

Thursday’s meeting will be at the Ireland Community Building in Ireland, WV (from Route 19 turn onto Wildcat Road) at 6:30 pm. Sign up now. 

This Mountain Valley Pipeline Public Meeting relates to Nicholas, Webster, Braxton, Lewis, Doddridge, Harrison, and Wetzel Counties.

Lawyers will be present to answer questions on a range of topics, including:

Public Comment Period Still Open, -Landowner legal rights, -Future Land Use, -Blast zone, -Impact radius, -Property Values, -Public health and safety issues, -Historical and cultural resources, -Hydrology/water issues, -Your concerns and next steps, -Q & A.

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Monitor Water Quality Along the Proposed Mountaineer Express Pipeline Route

Streams are at risk from the development of natural gas pipelines. That’s why we’re training volunteers, as part of the WV-VA Water Quality Monitoring Program, to effectively monitor water quality along proposed pipeline routes before, during and after potential pipeline construction.

The program will be hosting a training in partnership with Ohio Valley Environmental Coalition (OVEC) and WV Highlands Conservancy at Coonskin Park, in Charleston, WV on Sunday, October 16. Call 304-637-7201 to learn more about this opportunity.

What: Natural Gas Pipeline Volunteer Water Quality Monitoring Training
When: Sunday, October 16, 1:00pm – 6:00pm
Where: Coonskin Park Tennis Center – Charleston, WV

If you are interested in attending the training, please fill out the application here. Please apply by Monday, October 10. Directions to the training session and an agenda will be provided the week of the training.

The WV-VA Water Quality Monitoring Program is a program developed by Trout Unlimited that is being implemented by Trout Unlimited and WV Rivers to train volunteers to monitor coldwater streams for impacts from shale gas and pipeline related development and other sources of non-point source pollution. Ohio Valley Environmental Coalition and WV Highlands Conservancy have partnered with TU and WV Rivers to organize this training session.

For more information contact West Virginia Rivers Coalition:

www.wvrivers.org - (304) 637-7201

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 WV-DEP to Hold Public Meeting

In response to comments concerning the air permit applications for Columbia Gas Transmission Sherwood Compressor Station, there will be a public meeting held on October 13, 2016.  Details concerning the public meeting can be found below:

The West Virginia Department of Environmental Protection’s Division of Air Quality (DAQ) will hold a public meeting on Thursday, October 13, 2016, to provide information regarding Columbia Gas Transmission LLC’s air quality permit application for the Sherwood Compressor Station.  Columbia Gas Transmission has proposed to construct and operate a natural gas compressor station near Smithburg in Doddridge County.

The public meeting will be held at the Doddridge County Senior Citizens Center, 403 East Main Street, West Union, West Virginia, at 6 p.m.  Representatives from the DAQ will conduct the meeting regarding the construction application submitted by Columbia Gas Transmission on May 3, 2016.

The application, engineering evaluation/fact sheet and draft permit can be downloaded at:

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

Copies are also available for public inspection during normal business hours at the following location:

 ·    West Virginia Department of Environmental Protection, Division of Air Quality, 601 57th Street, SE, Charleston, WV  25304; telephone 304/926-0499, extension 1250.

 Comments on the proposed application will be accepted until the end of the public meeting.  All written comments should be addressed to Jerry Williams, WVDEP – DAQ, 601 57th Street, SE, Charleston, WV 25304; or Jerry.Williams@wv.gov.  Please include the applicant’s name and permit application number — Columbia Gas Transmission LLC, Sherwood Compressor Station, R13-3313 — along with your name, return address and daytime telephone number.  Please also indicate any organization on behalf of which your comments are submitted.

The Class I legal ad noticing this meeting will be published in the Doddridge Independent on September 30^th and the Herald Record on October 4^th.  Please let me know if you have further questions.

 Jerry Williams, P.E., Engineer, WVDEP – Division of Air Quality

601 57^th Street, SE, Charleston, WV  25304

(304) 926-0499 ext. 1223,   jerry.williams@wv.gov