Exposé Shows Dominion’s Influence Clouds Top Levels of Coal Ash Decision-Making in Virginia

WAMU reveals that Virginia’s top environmental regulator took a golf vacation on Dominion’s dime
RICHMOND—A major DC media outlet published an exposé this afternoon detailing how the money and political influence of Dominion Virginia Power has touched all levels of Virginia’s response to the company’s controversial plans to discharge toxic coal ash wastewater into rivers. In the most alarming example, Virginia’s chief environmental regulator, David Paylor, accepted lavish gifts from Dominion Virginia Power despite being the primary state official entrusted with overseeing Dominion’s compliance with state environmental laws.
The exposé, published this afternoon on Washington’s WAMU, shows that Paylor let Dominion — the state’s largest utility company and biggest polluter — pay his way to the 2013 Masters’ golf tournament in Augusta, Georgia, a trip valued at $2,300. Additionally, Dominion paid for Paylor’s $1,200 party tab at a nearby Irish pub.
Paylor was already serving as director of the Virginia Department of Environmental Quality when he accepted these gifts — which Dominion admits would be illegal under recently updated state ethics laws. He is now the top state official responsible for regulating Dominion’s coal ash disposal plans.
“Dominion’s influence over Virginia’s General Assembly has been apparent for years, but now it appears to extend to the same regulators entrusted to police the company’s pollution,” said Mike Tidwell, director of the Chesapeake Climate Action Network. “David Paylor vacationed on Dominion’s dime while he was simultaneously entrusted with protecting the public from Dominion’s pollution. This is a stunning conflict of interest.”
Even before today’s revelations, Paylor had come under increasing fire for lax oversight of Dominion. For months, Paylor misinformed the public about Dominion’s secretive and potentially illegal dumping of nearly 30 million gallons of untreated coal ash wastewater into Quantico Creek, a tributary of the Potomac River, in May 2015. Paylor had repeatedly claimed that “no water was discharged,” a claim that was later proven false by Dominion and DEQ’s own admission. The Potomac Riverkeeper Network has called for a criminal investigation by the Environmental Protection Agency.
In January, DEQ signed off on permits that allow Dominion to release millions of gallons of coal ash wastewater into the Potomac and James Rivers without requiring the use of best available technology to first remove harmful toxins. The permits originally allowed Dominion to discharge toxins like arsenic at levels that far exceed limits set by regulators in neighboring North Carolina. Dominion has since voluntarily agreed to stronger treatment plans following numerous protests and legal challenges. The Potomac Riverkeeper Network, represented by the Southern Environmental Law Center, and the state of Maryland continue to challenge the Potomac permit in court.
Meanwhile, for decades, Virginia regulators have looked the other way while coal ash pollution has leaked from Dominion’s Possum Point Power Plant along Quantico Creek and the Chesapeake Energy Center along the Elizabeth River. Yet, Paylor’s DEQ is now preparing to let Dominion “cap” those pits in place without any protective lining. This plan would allow toxic leaching to continue into surrounding groundwater for decades, even as utilities in North and South Carolina move coal ash to modern, lined landfills equipped to protect against contamination.
“Virginians deserve regulators who they can trust will hold Dominion accountable to the highest standards under the law, not the lowest,” concluded Tidwell. “The decisions Paylor is making now will have a huge impact on the health of Virginia waterways and citizens for years to come. How can we trust he is putting the health of Virginians above the profits of Dominion?”
The WAMU story further documents Dominion ties to key state legislators and a member of the Water Control Board involved in votes related to the company’s coal ash plans.
Contact:
Drew Gallagher, 804-896-2654, drew@chesapeakeclimate.org
Kelly Trout, 240-396-2022, kelly@chesapeakeclimate.org

###

The Chesapeake Climate Action Network is the biggest and oldest grassroots organization dedicated to fighting climate change in Virginia, Maryland and Washington, DC. CCAN is building a powerful movement to shift our region away from climate-harming fossil fuels and to clean energy solutions: www.chesapeakeclimate.org.

Dominion coal ash plan fails to protect Virginia waterways and citizens

Dominion coal ash plans show failure of DEQ to enforce health-protective standards; Virginians deserve better

In response to reports of a closed-door media briefing held by Dominion Power today, Mike Tidwell, director of the Chesapeake Climate Action Network, released the following statement:
“From everything we know, Dominion Power’s plan to go forward with the dumping of toxic coal ash wastewater into the James and Potomac Rivers still fails to adequately protect the health of our rivers and local citizens. Instead of holding Dominion to the highest standards, the Virginia Department of Environmental Quality, led by David Paylor, issued lax permits that fail to require the use of ‘best available technology’ and allow Dominion to discharge toxins like arsenic at levels that exceed limits set by neighboring North Carolina. Dominion is now clearly trying to save face in response to deep public concern and calls for a federal investigation of its secretive dumping of coal ash wastewater into Quantico Creek in May of 2015.
“Instead of assurances from Dominion, Virginians need regulators setting and enforcing strict standards that safeguard human health. Neither Dominion nor Director Paylor have addressed the real root problem. Dominion wants to simply ‘de-water’ the state’s coal ash ponds and then cap the ponds in place. This allows not only for toxic liquids to be poured into the James, Potomac and other rivers, but leaves the capped pond bottoms with no protective lining, thus allowing toxic leaching to continue into surrounding groundwater for decades. This falls short of the standard being enforced in North Carolina and South Carolina.
“We believe Governor McAuliffe and Attorney General Herring must step in to halt these permits, and to hold Dominion to the highest standards under the law. The real solution is to require Dominion to use the best available technology to treat the hazardous liquid, and then to remove the remaining toxic pond solids to modern, lined landfills that are properly equipped to protect against drinking water contamination. Time and again, Dominion has shown that it will do the easiest, cheapest, quickest thing it can get away with. Virginia’s rivers and people deserve better.”
Contact:
Drew Gallagher, 804-896-2654, drew@chesapeakeclimate.org
Kelly Trout, 240-396-2022, kelly@chesapeakeclimate.org

###

The Chesapeake Climate Action Network is the biggest and oldest grassroots organization dedicated to fighting climate change in Virginia, Maryland and Washington, DC. CCAN is building a powerful movement to shift our region away from climate-harming fossil fuels and to clean energy solutions: www.chesapeakeclimate.org.

As the Exelon-Pepco Saga Drags On, New Questions Surface About Shady Politics

District residents can’t be blamed for feeling a bit of déjà vu. As of this morning, Exelon and Pepco have affirmed that they continue to hold negotiations behind closed doors with D.C. officials to revive their now thrice-dead merger deal.
As this divisive, expensive, and scandal-marred chapter for the District drags on, District residents deserve clear answers about whose interests are truly being served. In fact, documents recently released to the Chesapeake Climate Action Network under the Freedom of Information Act — after lots of foot-dragging by D.C. officials — leave us asking these key questions:

  • Why did the Mayor apparently mislead the public about who negotiated her settlement deal last fall?
  • Why was key settlement information sent by Exelon to the Mayor’s office the day after Pepco inked its $25 million “Soccergate” deal?
  • What is happening behind closed doors right now, and will shady politics win the day again?

Documents finally released by the Office of the City Administrator — albeit with lots of suspect redactions — indicate that Mayor Muriel Bowser misled the public about who negotiated her settlement deal last fall and give more indication of a quid pro quo.
FOIA documents suggest that Exelon and Pepco’s main points of contact were actually Deputy Director of the Mayor’s Office of Legal Counsel, Ronald Ross, and his boss, Director of the Mayor’s Office of Legal Counsel, Mark Tuohey — not City Administrator Rashad Young or Tommy Wells, head of the Department of Energy and Environment, as the mayor’s office has claimed. No emails surrendered by the City Administrator’s office show Young initiating or otherwise leading settlement communications.
In fact, Ross and Tuohey are the DC officials who receive “financial information” for settlement purposes at 10:55 p.m. on Saturday, September 19th — the day after Mayor Bowser and Pepco announced their highly unusual $25 million naming rights deal. That deal paved the way for Mayor Bowser’s prized soccer stadium project. Did it also pave the way for Mayor Bowser to settle with Exelon and ink the deal rejected last Friday as not in the public interest? The released emails suggest a correlation.
Why would the Mayor’s office not reveal the real negotiators? Notably, Ross is tied to Pepco through his former boss, Kevin Fitzgerald, who was also involved in settlement negotiations. Both worked together at the law firm Troutman Sanders. Furthermore, Ross and Tuohey served together on the D.C. Sports and Entertainment Commission, the infamous body that got D.C. taxpayers to pay hundreds of millions of dollars to build a baseball stadium. Did they play a role in the Mayor’s “soccergate” deal, too?
In response to this new information, the Chesapeake Climate Action Network filed a second FOIA request last week. We’re asking for all correspondence between Ross, Tuohey, Exelon and Pepco related to both the merger and naming rights deals.
Of course, Mayor Bowser has a clear path out of this divisive, expensive, and scandal-ridden mess. As D.C. community leaders and Councilmembers told a cheering crowd of activists on Wednesday, Mayor Bowser can simply end talks with Exelon once and for all and move on to real solutions for affordable, reliable, clean energy.
Three times Exelon has failed to take over Pepco. In each deal, D.C. residents would have gotten the short end of the stick. As Public Service Commission Chairman Betty Ann Kane said in her February 26 dissent, any deal will ultimately be a “whack-a-mole” approach. The fundamental conflict will remain between Exelon’s business model and the affordable, clean energy that D.C. needs.
As Mayor Bowser, the Office of People’s Counsel, Attorney General Karl Racine, and DC Water rightly say “no” to the latest bad deal, they should also say “no” to any new deals.

DC Decision to Pave Way for Exelon-Pepco Merger is a Win for ‘Pay-to-Play Politics’

Mayor Bowser betrayed DC citizens while the Public Service Commission has now failed to protect ratepayers and the environment
WASHINGTON, D.C. — In a decision marred by pay-to-play politics, the DC Public Service Commission (PSC) today paved the way for local utility Pepco to be sold to an ailing, out-of-state company, an outcome that advocates say would tarnish Mayor Muriel Bowser’s reputation forever.
At a hearing this morning, the PSC first voted 2-1 to reject widely contested settlement terms — struck between Mayor Bowser, Chicago-based Exelon and Pepco — as failing to satisfy the public interest. However, despite a principled dissent from Chairman Betty Ann Kane, Commissioners Joanne Doddy Fort and Willie Phillips then voted to approve a modified version of the settlement that includes only marginal changes and fails to address the core problems that led the PSC to unanimously reject the deal in August.
In her dissenting remarks, Chairman Kane stated that the fundamental “conflict of interest” remains, the revised settlement terms could “make the situation worse,” and there is “no alternative that will address the fundamental structural problem.”
Exelon, Pepco, and other settling parties will have 14 days to decide whether or not to accept the modified settlement terms. If they do, the merger will be automatically approved by way of the 2-1 PSC vote.
Mike Tidwell, director of the Chesapeake Climate Action Network, released the following statement in response:
“This is a disappointing day for the nation’s capital. If these wholly inadequate changes are agreed to, the result will be the same. While Mayor Bowser and Exelon lobbyists celebrate, DC residents will brace for big rate hikes and new roadblocks to clean energy. Chairman Kane deserves praise as the only decision-maker in this whole process who has steadfastly stood up for what’s right.
“Mayor Bowser betrayed DC ratepayers and our environment in a settlement process that reeked of dirty, pay-to-play politics. And for what? For the Mayor’s pet soccer stadium project, made possible by Pepco’s $25 million payment that smells blatantly of corruption? For a slap on the back from the Mayor’s big developer friends at the now-disbanded FreshPAC? For a few shiny, vague promises from Exelon that pale in comparison to coming rake hikes?
“In the wake of this bankrupt process, the majority of PSC commissioners have failed in their duty to protect the public. As Chairman Kane emphasized, the revised deal is fundamentally no different from the deal the commission unanimously rejected last summer when it cited an inherent ‘conflict of interest.’
“If this merger goes forward, it will be a clear win for crony politics. Exelon wants this deal in order to milk DC ratepayers for maximum profits, and prop up its own troubled bottom line. After a barrage of lobbying, ads, and back-room dealing, Mayor Bowser, and now the PSC, have agreed to turn DC ratepayers over to Exelon without securing any substantive public benefit in return. In contrast, thousands of DC residents, a majority of DC’s neighborhood leaders, and faith, small business, social justice, and environmental leaders recognized the indisputable facts, and fought this deal to the very end. Today’s ruling only sharpens the need for a citywide grassroots push for structural change in our energy policy and our politics.”
Contact:
Kelly Trout, 240-396-2022, kelly@chesapeakeclimate.org
Mike Tidwell, 240-460-5838, mtidwell@chesapeakeclimate.org

###

The Chesapeake Climate Action Network is the biggest and oldest grassroots organization dedicated to fighting climate change in Maryland, Washington, D.C. and Virginia. CCAN is building a powerful movement to shift our region away from climate-harming fossil fuels and to clean energy solutions: www.chesapeakeclimate.org.

SUMMARY OF SCANDAL-PLAGUED EVENTS LEADING UP TO EXELON-PEPCO MERGER RULING

April of 2015: FreshPAC launched. Close allies of the Mayor launch a highly controversial political action committee called FreshPAC. A quirk in DC campaign laws allows unlimited contributions to the super PAC from companies and businesses, including those with business before the Mayor and City Council. The PAC is highly criticized by the media, voters, and members of the City Council as a fund that appears open to abuse and pay-to-play politics.
August 25, 2015: Exelon-Pepco merger rejected. The DC Public Service Commission unanimously rejects the proposed Pepco-Exelon merger as a fundamental “conflict of interest.”
September 18, 2015: Pepco pays Mayor’s office $25 million in “Soccergate” deal. Pepco gives the Office of the Mayor $25 million in cash for vague naming rights of property adjacent to the proposed new soccer stadium at Buzzard Point. The structure of the deal is highly unusual. Researchers have not been able to find another deal like it in the country. Not only is all the money paid up front, at a very high price (proportionally more than the Verizon Center naming rights deal), but the brevity and minimized complexity of the two-page legal agreement is virtually unprecedented.
September 19, 2015: Exelon presents merger “settlement” financial terms the day after “Soccergate” payment. Documents released under the Freedom of Information Act show that, the very next day after the soccer deal, Exelon submits new financial information to the Mayor’s office for settlement purposes.
November 10, 2015: FreshPAC is disbanded after widespread criticism. Critics charged it represented a pay-to-play PAC that tarnished DC politics and the Mayor’s public integrity. Exelon continues to refuse to say whether it was asked to donate to FreshPAC while working with the Mayor’s office on a settlement that would give the company its prized $6.8 billion merger.
December 16, 2015: WAMU reveals that former FreshPAC chair registered to lobby for Exelon on the merger. News breaks that Chico Horton, the director of FreshPAC, registered to lobby for Exelon on the merger on September 30, 2015 – the same time that Exelon was negotiating a settlement with the mayor and while FreshPAC was still active and soliciting huge donations from businesses.
January 2016: Chico Horton, the Exelon lobbyist, says he did no “lobbying.” The former head of Bowser’s FreshPAC declares that he did no lobbying – zero – for Exelon during the intense autumn negotiations between Exelon and the Mayor’s office, despite registering as an Exelon lobbyist. Horton said he simply gave the company “strategic advice” that did not officially constitute lobbying.
February 2016: Documents indicate Mayor’s office misled the public on merger negotiations. Documents released under the Freedom of Information Act indicate that the Mayor’s office repeatedly misled the public as to who in her administration actually coordinated and led the merger settlement negotiations between the city and Exelon. The Mayor claimed and still claims that City Administrator Rashad Young and Tommy Wells, head of the Department of the Environment and Energy, led the negotiations. But FOIA documents show that they were informed of key settlement terms after the deal had been negotiated by others close to the Mayor. Who actually led those talks, and what connection to Exelon or Pepco the city negotiators might have had, is still not known. But it was not Wells or Young, as was claimed. Why the discrepancy?
February 26, 2016: PSC rejects the original settlement, but then gives approval to marginally revised terms. Little substantive changes were required on top of the Mayor’s wholly inadequate settlement. Opponents assert the merger is still a fundamental “conflict of interest” and the process was clearly influenced by big-money “pay-to-play” politics.

MD Senate advances major climate bill by huge, bipartisan margin

CCAN Applauds MD Senators for Resounding, Bipartisan Vote to Require Deeper Cuts in Greenhouse Gas Pollution

ANNAPOLIS—Today the Maryland Senate voted overwhelmingly – by a 38-8 bipartisan margin – to approve one of the nation’s strongest state requirements for reducing climate pollution. The Greenhouse Gas Reduction Act of 2016 (SB 323/HB 610) requires Maryland to slash emissions economy-wide by 40 percent by 2030, in line with what scientists say is necessary to avert the worst impacts of climate change.
The bill, which renews and extends a landmark law first passed in 2009, now heads to the Maryland House of Delegates for final approval. The new, forty-percent emission reduction goal was unanimously recommended by Maryland’s bipartisan Commission on Climate Change last fall – including union leaders, business and environmental advocates, and six Republican cabinet secretaries from the Hogan administration.
Mike Tidwell, director of the Chesapeake Climate Action Network and a member of the Maryland Commission on Climate Change, had the following statement in response:
“This vote sends a resounding message that climate action is a bipartisan, economic and health imperative in the state of Maryland. Maryland is acting in line with the Pope, with the world’s leaders in Paris, and with our proven best interests. While solar and wind power take off, so are the devastating impacts of climate disruption, driven by our reliance on dirty energy.
“By being a national leader in cutting carbon pollution, Maryland can lead the nation in capturing the benefits of clean energy. Our current carbon-cutting programs are on track to create and sustain more than 26,000 new jobs, while saving lives and reducing asthma attacks thanks to cleaner air. We fully expect the House of Delegates to follow the Senate’s bipartisan lead, and send this win-win bill to Governor Hogan for his signature.
“Next up in 2016 will be boosting our renewable energy standard, which is our state’s top policy tool for reducing carbon emissions. The Clean Energy Jobs Act (SB 921/HB 1106) is another win-win-win for our climate, health and economy in Maryland.”

Contact:
Kelly Trout, 240-396-2022, kelly@chesapeakeclimate.org

###

Quebec Oil Train Activist Marilaine Savard Inspires Baltimore

Last week, CCAN invited oil train activist Marilaine Savard down to our region to attend a series of events. Marilaine is from Lac-Megantic, Quebec, and unintentionally became an activist and spokesperson to stop oil trains across the country. That’s because she lived through the deadliest oil train disaster in history. In July 2013, Lac-Megantic was changed forever, when an unattended 74-car crude oil train derailed and exploded in their small town, killing 47 people. Since then, she has advocated for rail safety and climate justice in the San Francisco Bay area, Albany, NY, Pittsburgh, PA, and now Baltimore, MD.


Marilaine Savard, from Lac-Megantic, and Keisha Allen discuss issues facing their communities and stopping oil trains.
Marilaine Savard, from Lac-Megantic, and Keisha Allen discuss issues facing their communities and stopping oil trains.

Thursday morning Marilaine came to the office to meet everyone at CCAN and eat breakfast, and after coffee and bagels we left for Annapolis. We arrived in Annapolis to meet Jennifer Kunze (a former CCAN Fellow, now an organizer with Clean Water Action) for an event with Delegate Clarence Lam about oil trains and his recently introduced bill, the Rail Safety Act of 2016. We had a small but mighty audience who attended and learned about Marilaine’s story. Marilaine shared her story, Delegate Lam introduced and outlined his bill, and Frtiz Elder, a representative from Railroad Workers United discussed policy initiatives that workers are concerned about, specifically calling for more crew members on the train.


After that, we drove to the neighborhood of Westport in South Baltimore, to meet up with Keisha Allen, president of the Westport Neighborhood Association. Keisha met us with her neighbor, Doug, and we walked from her house to the tracks, about two blocks away, and discussed the problem. This was a highlight of the trip for me. It was powerful to connect the two of them, since Lac-Megantic and Westport have almost the same exact curve in the tracks that border their community. It was a true moment of solidarity that we rarely get to experience. They also discussed how it’s hard for low-income communities to advocate for change, and Keisha discussed some of the other issues facing the community, like asthma from pollution, trash, and poverty.
Before heading back to Lac-Megantic, Marilaine stopped by Clean Water Action Baltimore for an interview with WYPR.
Before heading back to Lac-Megantic, Marilaine stopped by Clean Water Action Baltimore for an interview with WYPR.


After, we went to Charles Village for the town hall. It was a really powerful and moving event, with over 70 people in attendance. Marilaine’s story touched everyone in the room, everyone was moved with her account of the experience. Next, Paul Plymouth, from the City Council President’s office spoke about the City Council’s recent action, introducing an ordinance that requires public disclosure of health and safety risks from oil trains in the city. You could tell he was genuinely moved by Marilaine’s presentation. Fritz Edler from Railroad Workers United was there as well and discussed the labor perspective, and why railroad workers should partner with climate groups to fight against oil trains. He also shared images of the 47 memorials in Lac-Megantic made for those who died. Finally, attendees from Residents Against the Tunnels (RATT) discussed the B&P Tunnel Project that they are opposing in the Resovoir Hill neighborhood. Throughout the evening, we generated hand written letters to Mayor Rawlings-Blake asking for her to sign the ordinance once it’s adopted by the City Council. After the event, people seemed genuinely moved and interested in taking action, especially by taking photographs of trains in their communities.


The next morning, Marilaine and I headed up to Baltimore to record an interview with Tom Pelton for WYPR’s “Environment in Focus” radio show, which aired yesterday. We were with Tom for about an hour to discuss Marilaine’s story and Delegate Lam’s Rail Safety Act. After that, I dropped her off at the airport and we said our goodbye’s. She was extremely grateful, and said she felt really good coming down here to do these presentations. Even though it was hard for her to share her story, she was extremely moved by our organizing and is excited to continue the fight.


To join in the fight against oil trains in Baltimore, and to find out how you can volunteer, let us know! If you see an oil train in your neighborhood, be sure to take a picture and email it to jon@chesapeakeclimate.org.

One step closer to keeping fracking out of Prince George’s County!

This morning, the Prince George’s County Council’s Planning, Zoning and Economic Development (PZED) Committee voted UNANIMOUSLY to pass bill 3-2016, a defacto ban on fracking in the county.
We are one step closer to keeping fracking out of Prince George’s! The full council will take the bill up in early March.

lehman glaros umd students
Councilwoman Lehman and Councilwoman Glaros, and students from University of Maryland College park, who joined us to testify and show their support.

The bill, introduced by Councilwoman Mary Lehman on February 2nd, and co-sponsored by Councilwoman Dannielle Glaros, Councilman Mel Franklin, Councilwoman Deni Tavares, and Councilman Todd Turner, would amend the county’s zoning ordinance to prohibit fracking. Montgomery County moved to do this last year.
As she introduced the bill at today’s hearing, Councilwoman Lehman referenced a heart wrenching conversation she’d had with Pennsylvania resident and fracking victim Craig Stevens just before walking in. Craig’s takeaway from years of living with the health effects of fracking in his own backyard? “If Pennsylvania, after 12 years, still can’t safely regulate fracking, there’s no way Maryland can. It can’t be done.”
CCAN and our allies at Food & Water Watch, the Sierra Club and GCAN first began talks with Councilwoman Lehman shortly after helping Maryland pass the first legislative moratorium on fracking in the country last spring. It became clear to us that when this moratorium expires, in October 2017, Prince George’s would be at risk. The southern 30% of Prince George’s sits on top of the Taylorsville gas basin, a basin that runs from Virginia, through Prince George’s, and ends in Anne Arundel County. More than 85,000 acres on the Virginia side of the Taylorsville have already been leased to a Texas-based company.
This fall, we worked with Councilwoman Lehman’s office to hold an educational briefing on this previously unknown threat to the county, and our coalition began working with our volunteers across the county to educate residents about this critical issue – including petitioning on campuses, speaking at community events, meeting with business owners and church leaders, and hosting screenings of the powerful fracking documentary Groundswell Rising.
Much of that work culminated in this morning’s committee hearing.
Darien testifying
CCAN Fracking Fellow Darien Pusey testifying in favor of 3-2016.

As Darien Pusey, CCAN’s Fracking Fellow and a Prince George’s County resident, testified to the climate impacts of fracking and the overwhelming support from the county for keeping this industry out, he slid a stack of over 800 petitions signed by county residents across the table to Chairwoman Andrea Harrison.
As Food & Water Watch’s Emily Wurth, also a Prince George’s County resident, testified to what other states have experienced at the hands of fracking, she delivered a letter of support signed by over 25 county organizations and businesses. Sierra Club’s Martha Ainsworth spoke to the potential impact of fracking on well water in the county. Alliance of Nurses for a Healthy Environment’s Katie Huffling spoke to the dangerous health effects of fracking, in particular, in her role as a certified nurse-midwife, on pregnant women and their unborn children. And Maryland realtor Lili Sheeline spoke to the potential impacts of fracking on property values across the county, citing a recent Duke University study showing a sharp decline in home values, and noting that many studies indicate that impacts on home values may be permanent. This expert testimony was delivered to a packed room that stayed for two hours to express their support.
Councilman Franklin, whose district covers nearly the entirety of the area above the basin, spoke in favor of the bill, noting that he hasn’t heard from a single constituent in his district who wanted fracking.
The industry – in the form of the Maryland Petroleum Council – did send a lengthy power point to the council in advance of the hearing, but failed to show up to make their case.
And after the vote, Councilwoman Lehman joined Councilwoman Glaros, whose district includes the University of Maryland at College Park, for a group photo with the half a dozen UMD students who drove out to testify and show their support this morning.
We expect a vote before the full council in early March.
CCAN would like to thank Councilwoman Lehman for her vision and leadership, and thank every member of the PZED committee – Chairwoman Harrison, Vice Chair Glaros, Councilwoman Tavares, Councilman Franklin and Councilwoman Karen Toles – for supporting this important bill this morning and putting us one step closer to keeping fracking out of Prince George’s County.
Congratulations to everyone who has helped get this campaign this far – onward to early March and beyond!
 

Maryland legislators move forward major climate bill

The seas are rising, and we are rising to the challenge.
That is the simple message that lies at the heart of what we do here at CCAN. That was the message of over 200 Marylanders this summer who attended and testified before the Maryland Commission on Climate Change calling for deep and science-based cuts in climate-warming emissions. That was the message of over 85 Maryland congregations that rose up climate justice from the pulpit last fall.
And now, finally, Maryland leaders have heard our call and have put forward a bill to meet the scale of the climate crisis. The Greenhouse Gas Reduction Act of 2016 (SB 323/HB 610), sponsored by Delegate Kumar Barve and Senator Paul Pinsky, would renew Maryland’s statewide commitment of reducing greenhouse gas emissions by 25 percent by 2020, and extend that goal to achieve a 40 percent reduction in greenhouse gas emissions by 2030.
The legislation follows up on the historic bi-partisan vote last fall by the Maryland Commission on Climate Change – made up of union leaders, businesses, environmental groups, and six Republican cabinet secretaries from the Hogan administration. That Commission voted unanimously to endorse the Greenhouse Gas Reduction Act to slash Maryland’s greenhouse gas emissions 40% by the year 2030.
Under a Republican Governor, Maryland is showing that climate change is not a political issue. It’s a scientific fact. And by choosing to acknowledge reality, and seize the very real economic growth opportunities that accompany climate action, Maryland can lead the way towards ending the partisan gridlock that too often stalls progress in Washington and other state capitals.
In order to achieve this significant new reduction goal, Maryland will have to revise and expand its 2013 Climate Action Plan, which contains strong goals and over 150 programs aimed at strengthening Maryland’s clean energy economy, improving our health, reducing waste, and protecting our climate. Key elements and benefits of that Plan include:

  • Reducing Maryland’s greenhouse gas emissions by 55 million metric tons of carbon dioxide-equivalent annually.
  • Raising the state’s renewable energy goals, requiring that 25 percent of Maryland’s electricity comes from renewable sources by 2020.
  • Reducing waste by “reusing, recycling, composting and saving our way to Zero Waste, including an 85 percent reduction in generation of solid waste by 2030.”
  • Boosting Maryland’s economy by creating $1.6 billion in economic benefits and 37,000 new jobs through smart, sustainable investments.
  • Improving Marylanders’ health by reducing emissions of toxic air pollution and other harmful chemicals.

By passing the Greenhouse Gas Reduction Act of 2016, Maryland will join other climate leaders like California and New York, who have also set goals to reduce emissions by 40 percent by 2030. This Act will put Maryland on a path to achieving the 80-90% greenhouse gas reductions by the middle of this century, which scientists say will be necessary to prevent the very worst impacts of climate change.
We’ll keep you posted on the Greenhouse Gas Reduction Act’s progress and other climate-related bills as they make their way through the legislative process in Annapolis.

Shedding Light on the Shady Industry of Crude Oil Trains in Baltimore

Over the last year and a half, our campaign to stop dangerous and explosive oil trains in Baltimore has built some serious momentum. This is a blog post about what we’ve accomplished, and what we have planned next.
In the winter of 2014, CCAN and partners submitted hundreds of public comments in opposition to Targa Terminals’ proposed crude oil and tar sands shipping terminal in Curtis Bay. In addition to submitting comments, technical comments filed by the Environmental Integrity Project got state regulators attention. The Maryland Department of the Environment halted the company’s permit, stopping construction of the terminal and potentially keeping over a million gallons of oil from running through our city every day. During that process, the Baltimore Sun reported that another terminal was already shipping crude oil out of the city, and that explosive crude oil trains were likely running through the center of the City, but rail companies CSX and Norfolk Southern were suing the state of Maryland to keep route information secret.

A DOT-111 Train running through Baltimore along 26th street near Charles Village.
A DOT-111 Train running through Baltimore along 26th street near Charles Village.

So, in July of 2015, nearly a hundred of us rallied outside of City Hall as part of a National Week of Action to stop oil trains, calling for public disclosure of train routes. That same day, the City Council held an informational public hearing about crude oil trains, and, slowly, us and the City Council started to learn more about this shady industry. Of course, the rail companies refused to show up, prompting even more questions from the City Council. After that hearing, they agreed that something needed to happen.
Finally, last Fall, we started to shed some light. In September, a Baltimore judge ruled against rail companies, forcing them to release oil train route information to the public, confirming that explosive crude oil trains do run through the heart of our city and put 165,000 people (or a quarter of the city’s population) at risk. Now, the city council is ready to take action.
Just last week, City Council President Jack Young introduced a bill to study the health and safety impacts that oil trains place on the city. These are unprecedented studies that should tell us even more about the burden oil trains place on communities. We will be able to answer questions like: what pollutants leak out of oil trains in communities near rail lines? Or, what should the city do in the event of an oil train derailment and explosion?
Of course, these simple questions should have been answered before we allowed oil trains to run through the heart of the City, but it’s heartening to see the City Council finally asking questions like this to expose this industry for what it is: an extreme risk to communities that we shouldn’t have to bear. Ultimately, we know that there is no safe way to transport oil. Whether it’s by rail, pipe, or truck, crude oil is too much of a danger for communities and for the climate. The only way to ultimately protect ourselves is to transition away from our dependence on fossil fuels. But exposing the oil train industry and giving communities the knowledge that they deserve is an important first step.
If you want to learn more about crude oil trains and what we’re planning next, come to CCAN’s Town Hall on Thursday, February 11th in Baltimore. We’ll be joined by a guest from Lac-Megantic, Quebec, who will share her personal experience of the oil train disaster that destroyed her community. We’ll also hear from  representatives from the City Council, who will discuss their recent action, and what we need to do to pass the ordinance and get it signed by the Mayor.
 

CCAN Joins Challenge to WB XPress Fracked Gas Pipeline Project

Groups in Two States Challenge WB XPress

On behalf of conservation groups in Virginia and West Virginia, Appalachian Mountain Advocates today filed a formal protest and motion to intervene in the Federal Energy Regulatory Commission’s permitting process for the WB XPress, an $850 million natural gas infrastructure proposal from Columbia Gas Transmission.
The project consists of two new compressor stations, 26 miles of pipeline replacement, and 2.9 miles of new pipeline in Virginia and West Virginia. Construction would impact the Monongahela National Forest, as well as privately owned forest and agricultural lands.
“The WB XPress would fragment prime forest habitat, endanger family farms and homes, and amplify the threats to drinking water and air quality in communities plagued by fracking operations,” explained Ben Luckett, Staff Attorney with Appalachian Mountain Advocates. The WB XPress is intended to boost Columbia’s capacity to pipe fracked natural gas from West Virginia’s Marcellus region. The fracked gas would be sold in markets farther south and perhaps abroad.
“We’re also highly concerned that this project will increase the pressure to build the Mountaineer XPress, which would have even more destructive impacts throughout our region,” explained Luckett. The Mountaineer XPress, proposed by a consortium owned in part by Columbia Gas, involves constructing three new compressor stations and approximately 165 miles of new pipeline in West Virginia.
This fall, these same groups filed similar challenges to the proposed Atlantic Coast Pipeline and Mountain Valley Pipeline. These groups hope to shed light on the rash of gas projects currently pending FERC review. “Appalachian communities have been hard-hit by the fracking boom, and now face the threat of a huge build-out of natural gas infrastructure,” explained Kate Rooth with Appalachian Voices. Collectively, the projects involve thousands of miles of pipeline construction and upgrades costing tens of billions of dollars to move fracked gas out of West Virginia.
The massive network of new gas infrastructure proposed for the region has prompted many to call on FERC to perform a comprehensive analysis of the entire planned pipeline scheme. “FERC should perform one comprehensive review of these massive fossil fuel projects so we can see the entirety of the environmental and climate impacts of this proposal — not a fragmented one that fails to recognize the devastating impacts these pipelines would have,” said Kirk Bowers, Virginia Chapter of the Sierra Club.
“Taken together, these pipeline projects will lock the region into decades of reliance on a fossil fuel that is just as bad as coal for our climate,” said Anne Havemann, general counsel for the Chesapeake Climate Action Network.
A new report by the Sierra Club found that just two of the pipeline proposals would trigger nearly twice as much total climate-disrupting pollution as all the existing stationary sources in Virginia combined. Climate-disrupting emissions from the WB XPress project will only add to the problem.
“Every dollar invested in this dirty and dangerous fossil fuel is better spent on clean energy and energy efficiency,” said Havemann. The Chesapeake Climate Action Network has found that for the same cost as building the Atlantic Coast Pipeline, for example, a utility could instead install solar panels to power over 400,000 homes.
Columbia Gas Transmission filed its application with FERC earlier this year. FERC is tasked with determining whether the project will serve the “public convenience and necessity” and coordinating an environmental review. Columbia has asked FERC for a certificate decision by Dec. 1, 2016.
Appalachian Mountain Advocates has intervened on behalf the following groups: Appalachian Voices, Chesapeake Climate Action Network, and the West Virginia and Virginia chapters of the Sierra Club.
View the formal protest and motion to intervene at: http://appvoices.org/images/uploads/2016/02/Motion-to-Intervene-and-Protest-WB-XPress.pdf
Contact:
Anne Havemann, 240-396-1984, anne@chesapeakeclimate.org