CCAN Statement: PSC Approves Hogan's Fracked Gas Expansion Plan

CCAN Statement: Hogan-Appointed PSC Members Approve AltaGas Merger That Supports Governor’s Fracked-Gas Expansion While Harming Consumers

The Chair of the PSC Dissents in the Commission’s Controversial 4-1 Vote, Saying Deal Creates “Impermissible Financial Risk” for Consumers and Ignores Grave Environmental Concerns

BALTIMORE, MD — The Maryland Public Service Commission approved a harmful merger today between Canadian company AltaGas and local utility Washington Gas that opens Maryland’s doors to large amounts of fracked gas from neighboring Pennsylvania and West Virginia and threatens Maryland’s progress on climate. A main goal of the merger and related settlement commitments is to “kick-start” a natural gas expansion across Maryland. As scientists confirm that fracked gas is essentially as harmful to the climate as coal, the PSC’s approval of the Hogan Administration’s merger terms sets the state back in its effort to curb greenhouse gas emissions and move toward clean energy.
PSC Chair Kevin Hughes blasted the 4-1 decision in an unusually sharp dissenting note. Hughes warned of both immediate and long-term economic harm from the deal, including the likely downgrading of WGL’s credit rating. WGL is the parent company of Washington Gas. Hughes also criticized the four Hogan-appointed commissioners for ignoring environmental advocates who submitted comments warning that the settlement was “contrary to the State’s policy on greenhouse gas reduction and its commitment to clean energy.”

The merger agreement opens the door to AltaGas spending $70 million to promote pipeline construction and other fracked-gas infrastructure in the state with the possibility of charging the full cost to ratepayers. Additionally, AltaGas is mandated to fulfill a settlement pledge with the Hogan Administration to put $33 million into a fund to be administered by the state of Maryland to assist additional gas companies with the construction of more fracked-gas pipelines across Maryland.

In March, CCAN and 15 other Maryland-based groups filed formal comments with the Public Service Commission arguing that instead of kick-starting a natural gas expansion throughout Maryland — which runs contrary to Maryland’s commitment to clean energy and greenhouse gas reductions, puts public health and safety at risk, and exposes the state to litigation — the PSC should instead redirect those funds to fixing methane leaks in the state. The letter described the failures of Maryland’s current leak-detection program and urged the PSC to direct funds to fixing the Maryland’s existing program or to funding a new program.

The Hogan-appointed commissioners did nothing to address the commenters’ concerns. The commissioners absurdly stated that the environmental comments could not be addressed in the PSC proceeding. The commissioners claimed that the comments were submitted after the official record was closed even though environmental groups submitted them during the established comment period for the settlement agreement. As Chairman Hughes pointedly noted in his dissent: “Given that the [Hogan Administration’s] gas expansion proposal was made late in the proceedings, and after the close of the Commission’s initial evidentiary hearings, the majority should have considered and addressed these environmental concerns in the context of the public interest test.”

In response, Mike Tidwell, director of the Chesapeake Climate Action Network, issued the following statement:

“This merger is a terrible deal for Marylanders’ pocketbooks and for climate change policy. Spearheaded by the Hogan Administration, the merger mandates that $33 million be invested in fracked-gas pipelines and combustion throughout Maryland. And another $70 million in fracked-gas investments could be charged to consumers down the road, per the Governor’s wish. Almost exactly a year ago, Hogan signed a ban on fracking for gas in Maryland, a move that was supported by a strong majority of Maryland residents. Marylanders know that gas fracked in Pennsylvania is just as devastating to public health, the environment, and the climate as gas fracked in Maryland. Today, the Hogan Administration has kicked the doors down for more fracked-gas infrastructure and gas combustion all across Maryland.”


CONTACT:
Denise Robbins, Communications Director, 608-620-8819, denise@chesapeakeclimate.org
Mike Tidwell, Director, 240-460-5838, mtidwell@chesapeakeclimate.org
Anne Havemann, General Counsel, 202-997-2466, anne@chesapeakeclimate.org

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CCAN Statement: Northam DEQ announcement raises serious concerns

CCAN “Highly Skeptical” That DEQ Head can Lead its Own Internal Review; Calls on Paylor to Recuse Himself

RICHMOND, VA — Today, Governor Northam announced Executive Order 6, which instructs David Paylor, Director of the Virginia Department of Environmental Quality, to perform a comprehensive review of DEQ’s permitting, monitoring, and enforcement activities.
Mike Tidwell, Director of the Chesapeake Climate Action Network, stated:

“We agree with Governor Northam that the Department of Environmental Quality needs to be seriously reformed, so we commend him for that. However, we are highly skeptical that DEQ Director David Paylor can oversee this internal review in a fair and comprehensive manner.

“The DEQ is a broken agency, and Director David Paylor is the one that broke it. In his 12 years running the agency, he has regularly sided with polluters over the environment. He has accepted gifts from mega-polluter Dominion Energy and permitted polluter-friendly practices across the Commonwealth.

“The timing of this announcement is particularly painful for the landowners who live along the route of the Mountain Valley Pipeline for fracked gas, to which DEQ just gave final approval in a process widely viewed as flawed.

“We believe David Paylor should be replaced as DEQ Director. If Governor Northam keeps him on, however, Paylor should recuse himself from this much-needed agency review. We hope Governor Northam will consider turning the review over completely to the Secretary of Natural Resources in order to ensure real and substantive changes at the DEQ.”


CONTACT:
Denise Robbins, Communications Director, 608-620-8819, denise@chesapeakeclimate.org
Mike Tidwell, Director, 240-460-5838, mtidwell@chesapeakeclimate.org

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CCAN Calls On Governor Northam To Replace David Paylor as DEQ Head

RICHMOND, VA — Today, Governor Northam re-appointed David Paylor as director of the Virginia Department of Environmental Quality.
Mike Tidwell, Director of the Chesapeake Climate Action Network, stated:

“Governor Northam has taken several positive steps since taking office to improve environmental protection and advocacy in the state. He has supported joining the Regional Greenhouse Gas Initiative and has pushed Dominion Energy to invest more in renewable power and efficiency. But today, the Governor has seriously dropped the ball in re-appointing David Paylor as director of the Virginia Department of Environmental Quality.

“Any quick Google search of Paylor’s name brings up stories of serious controversy. In 12 years at the DEQ helm, Paylor has consistently sided with polluting industries over environmental advocacy groups. Paylor, above all else, is very, very cozy with the state’s biggest polluter, Dominion Energy. The director has outraged health and environmental leaders by siding with Dominion on the dumping of coal ash in rivers and, most notoriously, the construction of patently harmful pipelines for fracked gas like the ACP and MVP. Paylor barely hides his close connection to Dominion. In 2013, he accepted an all-expenses-paid trip from Dominion to the Masters Golf Tournament in Georgia, including a fully paid bar tab.

“Governor Northam, today, missed an important opportunity to take a concrete step forward for the environment by replacing Paylor with someone who truly values the protection of the environment. We call on the Governor to reconsider his decision and replace Paylor as soon as possible.”

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CONTACT:
Denise Robbins, Communications Director, 608-620-8819, denise@chesapeakeclimate.org
Mike Tidwell, Director, 240-460-5838, mtidwell@chesapeakeclimate.org

Pipeline Victory: FERC Denies Dominion’s Request to Extend Tree-Felling Deadline for Atlantic Coast Pipeline

RICHMOND, VA — Today, the Federal Energy Regulatory Commission (FERC) issued a denial of the request by Atlantic Coast Pipeline, LLC to extend for two months the right to fell trees for the pipeline’s construction.

Mike Tidwell, Director of the Chesapeake Climate Action Network, stated:

“It is a victory for the people of Virginia that the Federal Energy Regulatory Commission said ‘no’ to Dominion Energy’s radical request to cut down trees for a radical gas pipeline during the migratory bird nesting season. FERC has done the right thing in denying this request.

“If this decision stands, we are heartened that it would significantly delay the pipeline construction process. It is the hope of many landowners and environmental advocates that this delay may wind up being permanent. Governor Ralph Northam should understand that Dominion’s fracked-gas pipelines is not only bad for migratory birds and bats, but bad for all Virginians who want clean water, clean air, and a stable climate.”

 

CONTACT:

Denise Robbins, Communications Director, 608-620-8819, denise@chesapeakeclimate.org
Mike Tidwell, Director, 240-460-5838, mtidwell@chesapeakeclimate.org

 

Thousands call on Gov. Northam to protect Virginia waters from fracked-gas pipelines

Event comes on heels of after-hours DEQ announcement to allow MVP construction

Richmond, Va. — Citizens representing Virginia landowners, the faith community, scientists, people of color, water protectors and clean energy advocates today called on Governor Ralph Northam to protect Virginia’s waters by taking immediate action on the proposed Mountain Valley and Atlantic Coast pipelines. The action comes the morning after Virginia’s Department of Environmental Quality approved water pollution plans for the Mountain Valley Pipeline, paving the way for its construction.
At a press conference at the Bell Tower on Capitol Square, citizens presented the Northam administration with 10,000 petition signatures signed by Virginian residents. The signatories call on the governor to protect the drinking water supplies of countless Virginians from the Mountain Valley and Atlantic Coast pipelines, which would cross streams and other waters more than 1,400 times across the state.

For high-resolution photos (available shortly), please contact Cat McCue at cat@appvoices.org or 434-953-8672

The group also presented a petition from Change.org with more than 62,000 signatures from other concerned citizens from around the country calling on Governor Northam to reject the pipelines. In addition to the projects’ tremendous climate impacts that affect all Americans, the projects bisect national treasures including the Blue Ridge Parkway, the Appalachian Trail, and many miles of national forest land.
The petition demands that the Northam administration immediately halt the ongoing tree-felling along the routes, allow the public to review and comment on the erosion and stormwater control plans before they are finalized by the Department of Environmental Quality, and take action to ensure the state analyzes individual stream impacts, rather than the Trump administration’s Corps of Engineers.
Just yesterday evening, at 7 p.m., the Department of Environmental Quality announced it had finalized the water plans for the Mountain Valley Pipeline, authorizing the start of land-disturbing activities, without letting the public have one last chance to provide feedback on the critical water pollution plans.
“Citizens all along the MVP route have spent years educating themselves about this project and its potential impacts — everything is at stake for them. They’ve been asking Gov. Northam and his administration for one more chance to review these critical water pollution control plans before the DEQ finalized them and allowed construction to proceed. In an affront to all Virginians, this decision shut them out,” said Peter Anderson, Virginia Program Manager with Appalachian Voices.
“My question for Governor Northam is simple: did you really mean it when you said the DEQ reviews had to be thorough, transparent, and based on science? The science is clear – these projects will be the most damaging for Virginia’s waters in decades. It is time to turn your words into action,” said David Sligh with Wild Virginia.
“Governor Northam promised to hold these dangerous pipelines to the highest environmental standards,” said Jamshid Bakhtiari, Virginia Field Coordinator at the Chesapeake Climate Action Network. “Now, we’re seeing him already go back on this promise. The DEQ will allow the Mountain Valley Pipeline to begin construction, threatening the communities of countless Virginians, without allowing for any further public input. These pipelines will lock us into fossil fuels for decades if Governor Northam doesn’t take action. Thousands and thousands of concerned residents in Virginia — and across the country — are watching.”
“The plans approved for the Mountain Valley Pipeline are not environmentally sound and, from an engineering standpoint, will not sufficiently protect the environment and our drinking water from the pipeline’s construction impacts,” Kirk Bowers, Professional Engineer and Pipelines Program Coordinator for the Sierra Club Virginia Chapter, said. “Sierra Club had to utilize a Freedom of Information Act request in order to fully review the plans and come to these conclusions. Leaving those in the public without the financial and legal resources to use the FOIA in the dark is absolutely unacceptable. All Virginians should have had a chance to review and evaluate these plans for the Mountain Valley Pipeline and should get the chance for the Atlantic Coast Pipeline.”
At the press conference, the citizens handed the petitions to the Administration’s office. They held different color survey tape to show the average 125-foot width of pipeline tree-felling and construction, and the 50-foot permanent right-of-way that will scar hundreds of miles of mountains, farms and fields through the commonwealth. They also held several large posters with pictures showing some of the places the pipelines will impact as well as pictures of failed erosion controls on other pipeline projects in mountainous terrain.
The event was organized by Appalachian Voices, Chesapeake Climate Action Network, Natural Resources Defense Council, Virginia Chapter of the Sierra Club, Virginia Interfaith Power and Light, and Wild Virginia.

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Contact:
Lara Mack, Appalachian Voices, lara@appvoices.org 540-246-9720 (m)
Jamshid Bahktiari, Chesapeake Climate Action Network, jamshid@chesapeakeclimate.org 757-386-8107
Kirk Bowers, Virginia Chapter of the Sierra Club, kirk.bowers@sierraclub.org 434- 249 1439

More than 370 Virginians Attend DEQ Hearings to Cut Carbon Now

Participants call on DEQ to implement strong protections against polluting, harmful power plants.

Richmond, VIRGINIA– The Virginia Department of Environmental Quality held the final public hearing on Virginia’s Carbon Reduction Plan today. At the hearing, participants called for the strongest possible standard to cut Virginia’s carbon pollution from fossil fuel burning power plants. The public hearing was preceded by a press conference held by community members and activists, which was attended by about 50 people.
The Virginia Carbon Reduction Plan is designed to reduce carbon emissions from fossil fuel-burning power plants by 30 percent by the year 2030. More than 370 Virginians attended all six hearings that took place across the state, with about 150 people testifying in favor of strong safeguards to support clean energy careers, protect the health of families against fossil fuel burning power plants and reduce the negative impacts of climate change.
“Virginia is taking a step forward, while on the federal level the Trump administration is doing a dangerous dance reducing lifesaving safeguards,” Kate Addleson, Director of the Sierra Club Virginia Chapter, said. “All Virginians can take pride in our Commonwealth for developing a standard that will require corporate polluters to take responsibility for their harmful pollution, including greenhouse gas emissions, that are damaging the health and environment of our communities, ”
“The Governor’s administration understands that action on climate change can’t wait,” Angela Navarro, Deputy Secretary of Natural Resources said. “One important component of the rule is participation in the regional carbon market which would allow Virginia to reduce emissions. The regional market is bipartisan and proven, and will be a cost-effective market-based way to reduce carbon. We look forward to being the first south eastern state to move forward with limiting carbon pollution.”
In Virginia, the increase in extreme hot weather, due to climate change, between May and August 2016 lead to 1,700 admissions to the ER for heat related illnesses. Athletes, students, and outdoor workers are particularly vulnerable to heat illness in oppressive weather conditions. Weather imbalances are also leading to longer and more severe allergy seasons. Over the last 30 years, the peak tree pollen count has increased by over 50 percent in Richmond. A warmer climate not only supports a wider spread of diseases and illnesses, but it also releases viruses that have been trapped in ice caps for centuries.
“My patients are the manual laborers who work outside during the hot summer, they’re the elderly, children and low income people who feel the effects of climate change the most,” Dr. Janet Eddy with Virginia Clinicians for Climate Action, said.
Low-income families and communities of color are among those who are most vulnerable to climate change and dirty fossil fuel pollutants. Virginia’s Carbon Reduction Plan must ensure reductions in carbon pollution in environmental justice communities and put in place a mechanism that ensures reductions of co-pollutant greenhouse gas emissions by facilities located in or near affected neighborhoods.
“Environmental justice has to be addressed in this plan. As the trailblazer Virginia always has been, we should assure that benefits accrue for all communities, and there is a mechanism in place to ensure affected communities see carbon reduction,” Harrison Wallace, Virginia Policy Coordinator and Coastal Campaigns Manager at the Chesapeake Climate Action Network.

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CONTACT:
Sumer Shaikh, sumer.shaikh@sierraclub.org, (774) 545-0128
 

About the Sierra Club

The Sierra Club is America’s largest and most influential grassroots environmental organization, with more than 3 million members and supporters. In addition to helping people from all backgrounds explore nature and our outdoor heritage, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.

Hogan Administration Approves “Limited and Flawed” Permit of TransCanada’s Highly Controversial Fracked-Gas Pipeline

ANNAPOLIS, MD — Today, the Maryland Department of Environment issued a state wetlands and waterways permit for TransCanada’s proposed Eastern Panhandle Expansion Project for fracked gas, known as the “Potomac Pipeline.” This decision comes one day after the deadline passed for the Administration to fully review the project under section 401 of the Clean Water Act, and two days after five mothers were arrested in an act of protest against Governor Hogan’s support for this highly controversial pipeline.

Statement from Anne Havemann, General Counsel at the Chesapeake Climate Action Network:

“The Hogan Administration has made a serious mistake in its regulatory approach to this pipeline with the potential of severe impacts to drinking water, public health, and the environment. It’s very disappointing that the Administration decided to issue this limited permit the day after it waived its right to fully review the project under section 401 of the Clean Water Act.

“We question whether the conditions under the state’s Wetlands and Waterways permit are even enforceable. We also question whether they are sufficient to protect the state’s waters, given the sensitive geology and the potential impacts to the treasured Potomac River.

“The state should have pursued a more powerful 401 certification under the Clean Water Act, which would have looked at the project holistically and would have put the burden on TransCanada to prove that the project won’t harm water quality. We believe that the Hogan Administration would have had no choice but to reject the proposal if it had done this more robust review.”


More information about the Potomac Pipeline and Governor Hogan’s plan to expand fracked-gas infrastructure in Maryland is available here.

 

CONTACT:
Anne Havemann, General Counsel, 202-997-2466, anne@chesapeakeclimate.org
Denise Robbins, Communications Director, 608-620-8819, denise@chesapeakeclimate.org
Mike Tidwell, Executive Director, 240-460-5838, mtidwell@chesapeakeclimate.org

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Five Local Mothers Arrested at Maryland State House to Protest Governor Hogan’s Support for TransCanada’s Potomac Pipeline for Fracked Gas

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

Organizers also released a protest letter to Hogan from national environmental leaders and celebrities, including writer Bill McKibben and filmmaker Josh Fox.

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

High definition photos available via Flickr.

The mothers successfully blocked the front entrance of the State House for nearly two hours before they were arrested for trespassing. As a show of support, the arrestees were joined by various speakers, including Maryland legislators Delegate Jheanelle Wilkins (D-20) and Delegate Robbyn Lewis (D-46), who spoke in support of their action without participating in the civil disobedience. The protesters will also joined in solidarity by dozens of environmental advocates who have been leading the movement to oppose the Eastern Panhandle Expansion Project. Known as the “Potomac Pipeline,” this pipeline would transport fracked gas from Pennsylvania through Maryland, underneath the Potomac River, and into West Virginia for combustion. The pipeline is part of a full network of controversial fracked-gas infrastructure supported by the Governor despite his declaration of support in January for the Paris Climate Accord. New scientific data suggests that fracking is dramatically worse for the climate than previously understood.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Coalition Filings Could Halt Fracked Gas Pipeline Construction

Advocates for Clean Air and Water Seek Stay on Atlantic Coast Pipeline Pending Court Decision


RICHMOND, VA
— Today, a coalition of environmental advocates filed two requests to stop construction of the controversial fracked gas Atlantic Coast Pipeline (ACP) in the US Court of Appeals for the 4th Circuit. The first is a motion to stay construction pending the court’s decision on the merits in an existing case for which the Federal Energy Regulatory Commission (FERC) has challenged the court’s jurisdiction. The second is a petition for relief under the All Writs Act, asking the court to halt construction pursuant to the FERC Certificate pending FERC’s resolution of the coalition’s request for rehearing, which FERC contends is still pending despite the fact that the agency is allowing construction of the ACP to proceed pursuant to the challenged Certificate. The second is filed in the alternative to the first and asks that the court act on it only if it agrees with FERC that the court does not have jurisdiction over the petition for review.
These filings challenge FERC’s failure to demonstrate that the pipeline is actually needed by the public. The groups contend that the overwhelming evidence shows the true purpose of the ACP is to provide profits for the shareholders of the pipeline’s financial backers, Duke and Dominion, at the expense of those utilities’ ratepayers. The effect of the filings would be a halt to the construction of the ACP until the court considers the coalition’s existing challenges to the FERC certificate that authorizes construction. FERC and ACP have ten days to respond.
Attorneys with Appalachian Mountain Advocates filed the litigation on behalf of the Sierra Club, Appalachian Voices, the Chesapeake Climate Action Network, and Wild Virginia.

In response, Sierra Club Beyond Dirty Fuels Campaign Director Kelly Martin released the following statement:

“The fracked gas Atlantic Coast Pipeline is dirty, dangerous and unnecessary and not a single foot of it should be built until the families and the communities that would be threatened by this project have their day in court.”

Anne Havemann, General Counsel for the Chesapeake Climate Action Network:

“We know the Atlantic Coast Pipeline would scar pristine mountains, damage water quality, and dramatically increase greenhouse gas emissions that contribute to climate change. Yet FERC is trying to force it through without even allowing opponents their day in court. This is undemocratic and un-American and can’t be allowed.”

Peter Anderson, Virginia Program Manager for Appalachian Voices:

“The system has been rigged for years against citizens who want to challenge these interstate natural gas pipelines, which pose long-term threats to communities. FERC can essentially put legal challenges on ice while letting construction proceed, so by the time citizens have their day in court, a pipeline may be in full operation. It’s absurd, and utterly unfair. We will continue to fight to protect these communities.”

David Sligh, Conservation Director, Wild Virginia:

“For FERC to allow damage to the environment and assaults on our communities without all approvals in place and legal questions settled is irresponsible and is an assault on the way our government is supposed to work. We’ve seen where people and natural resources in Pennsylvania were harmed by premature construction activities for the Constitution Pipeline, a project that will likely never be built. FERC should be ashamed of that case and it should never be repeated.”

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Contact:
Doug Jackson: 202.495.3045, doug.jackson@sierraclub.org

About the Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization, with more than 3 million members and supporters. In addition to helping people from all backgrounds explore nature and our outdoor heritage, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.
About Appalachian Mountain Advocates
Appalachian Mountain Advocates (Appalmad) is a non-profit law and policy center dedicated to fighting for clean water and a clean energy future. Appalmad has a long history of winning precedent-setting court cases. The organization represents scores of landowners and grassroots organizations challenging four unnecessary interstate pipelines in Virginia, West Virginia, and Pennsylvania. Appalmad has worked for nearly 20 years to ensure the fossil fuel industry cannot continue to dump its costs of doing business onto the public. For more information, visit www.appalmad.org.
About Wild Virginia
Wild Virginia works to preserve and support the complexity, diversity, and stability of natural ecosystems by enhancing connectivity, water quality and climate in the forests, mountains, and waters of Virginia through education and advocacy.

DEQ Public Hearings to Cut Carbon Now in Virginia: March 6 – March 19

Participants call on DEQ to implement strong regulations against polluting, harmful power plants

VIRGINIA – Between March 6 and March 19, Virginia’s Department of Environmental Quality (DEQ) will be holding six public hearings on Virginia’s Carbon Reduction Plan, or Executive Directive 11 (ED 11). Virginia is the first southern state to take initiative on limiting and capping carbon pollution from fossil fuel-burning power plants. The Virginia Carbon Reduction Plan is designed to reduce carbon emissions from fossil fuel-burning power plants by 30 percent by the year 2030, help generate new clean energy jobs, and put the Commonwealth on track for continued reductions beyond 2030. ED 11’s approach is the same one that is being successfully used in nine other states that comprise the Regional Greenhouse Gas Initiative (RGGI), and would allow Virginia to link to the existing RGGI program.
“Virginia has a chance to embrace the new technology of clean energy, move away from outdated, dirty fossil-fuel burning power plants, and enjoy the benefits that renewable energy is bringing to other states,” Kate Addleson, Sierra Club Virginia Chapter Director, said. “The ED11 hearings provide all stakeholders an opportunity to have a say in how best to safeguard our health and environment. The regulations should be included a starting cap between 30 and 32 million tons of emissions by 2020 and continued reduction of the carbon cap beyond 2030.”
“Virginia’s decision to cap carbon emissions through a market-based approach like RGGI offers a great opportunity to improve the livelihood and health of low-income families and communities of color who are most vulnerable to climate change and dirty fossil fuel pollutants. In order to achieve that goal, ED11 should ensure that there are emission reductions in environmental justice communities and that there is a mechanism that ensures reductions of greenhouse gas co-pollutant emissions by facilities located in or near environmental justice neighborhoods,” said Harrison Wallace, Virginia Policy Coordinator and Coastal Campaigns Manager at Chesapeake Climate Action Network.
“As we begin the hearings for ED11, a significant concern that must be addressed is the woody biomass loophole, which exempts Dominion Energy’s 4 woody biomass plants from the carbon regulations. Granting such significant free giveaways to industrial carbon polluters renders Virginia’s carbon program less efficient and gives Dominion an unfair economic advantage,” Walton Shephard, Policy Analyst and Attorney at the Natural Resource Defence Council, said. “Given that biomass greenhouse gas emissions are higher than those from burning fossil fuels, there’s no reason to exempt biomass from Virginia’s carbon program.”
“The clean energy industry is creating jobs, increasing manufacturing, and lowering customers’ electricity bills. In 2016, the number of solar jobs in VA increased by 65 percent. If the state received 10% of its power from the sun by 2023, Virginia would see over 50,400 more jobs. Between 2013 to 2016, energy efficiency business revenue in Virginia increased from $300 million to $1.5 billion. A policy that levels the playing field by pricing carbon will further drive clean energy investment,” said Francis Hodsoll, CEO of SolUnesco.
“Over a course of five years, RGGI states have prevented hundreds of premature deaths, reduced ER visits, and avoided thousands of asthma attacks through their carbon reduction plan. These health benefits were so great that they have even lead to positive health implications in the neighboring states, including Virginia,” Dr. Leon Vinci of Health Promotion Consults, said. “It is time for Virginia to not only accept residual health benefits from our neighbors, but to also lead the South in regulating the harmful effects of fossil fuel burning power plants at home.”
Hearings will be held across the state between March 6 to March 19. Below is a list of all hearings, locations, and times. Public comments can be submitted here: http://vasierra.club/cutcarbon
ABINGDON CARBON RULE PUBLIC HEARING: March 7, 2018 at 5:00pm
355 Deadmore St., Abingdon, VA 24210, USA
ROANOKE CARBON RULE PUBLIC HEARING: March 8, 2018 at 5:00pm
3019 Peters Creek Rd, Roanoke, VA 24019, USA
VIRGINIA BEACH CARBON RULE PUBLIC HEARING: March 12, 2018 at 5:00pm
5636 Southern Blvd, Virginia Beach, VA 23462, USA
HARRISONBURG CARBON RULE PUBLIC HEARING: March 14, 2018 at 5:00pm
4101-4599 Early Rd, Mt Crawford, VA 22841, USA
WOODBRIDGE CARBON RULE PUBLIC HEARING: March 15, 2018 at 5:00pm
13901 Crown Ct, Woodbridge, VA 22193, USA
RICHMOND CARBON RULE PUBLIC HEARING: March 19, 2018 at 1:30pm
1111 East Main St., Third Floor, Richmond, VA 23219, USA

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Contact:
Sumer Shaikh: sumer.shaikh@sierraclub.org, (774) 545-0128
About the Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization, with more than 3 million members and supporters. In addition to helping people from all backgrounds explore nature and our outdoor heritage, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.