Yesterday, more than a dozen Virginia delegates and senators joined the chorus of landowners, activists, and faith communities in voicing their opposition to the proposed Mountain Valley and Atlantic Coast Pipelines.
Dubbed Stand with Red day, the event sought to highlight cruel attempts by the pipeline companies, with the support of Virginia’s law enforcement agencies, to starve “Red” Terry — a mother in Roanoke County. She has been sitting in a tree on her own property with her daughter refusing to leave until the pipeline companies themselves depart the land that her family has called home for seven generations.
The event, organized by Northern Virginia-based attorney and journalist Jon Sokolow, included eleven state delegates and two senators. They all urged Governor Northam to fulfill his 2017 campaign promise to be “very cognizant” of property rights, and to demand that his Department of Environmental Quality undergo “site-specific” permitting processes.
“Let me be clear,” said Blacksburg Delegate Chris Hurst, “it should not be up to landowners, who have already had their land taken through invalid eminent domain procedures to make sure Mountain Valley Pipeline LLC does its job correctly. It should be our state agencies who lead that effort.”
Stand with Red day is not only an addition to the litany of protests against the Atlantic Coast and Mountain Valley Pipelines which are seen on a regular basis, it is the culmination of years of work hammering away at Dominion, EQT, and the elected officials that do their bidding. It marks a definitive shift in Virginia’s political culture — which until recently was completely imprinted with the self-interest of Dominion, EQT, and other big polluters. Let there be no mistake about this, Virginia’s shifting political climate is due to nothing less than the countless hours and sacrifices made by activists, landowners, and whole communities to stop these pipelines in their path for the past three years.
“The word MVP should no longer be used to refer to them”, said 35th District Delegate Mark Keam as he addressed the booming crowd. “They are nothing close to what an MVP should be. The word MVP belongs to Red, her husband, and everybody else that is standing up. All of you here today are the real Most Valuable Players.”
To make a donation to the treetop rebellion resistance CLICK HERE. If you are inspired become a volunteer monitor to scrutinize every regulation that these pipelines break CLICK HERE to learn more about being trained!
Pipelines: The Treetop Rebellion
The biggest regional land-clearing project since the federal highway program of the 1960s is now underway in Virginia and West Virginia. Fracked-gas companies Dominion Energy and EQT have been chain-sawing wide swaths of forests to make room for the Mountain Valley and Atlantic Coast pipelines (MVP and ACP). In the process, the companies are destroying ecosystems, ruining human livelihoods, and shocking the public’s conscience. And they’re just getting started.
Here’s the plot twist: Communities are fighting back…and winning!
Young people have bravely tied themselves to treetops to stop the MVP chainsaws in parts of Virginia and West Virginia. (You gotta, gotta, gotta watch this video). And a sympathetic local judge has made a surprise ruling in their favor, as you’ll see below. And just yesterday, a 61-year-old mother of three took to a tree on Virginia’s Poor Mountain to protest the pipeline for “as long as it takes.”
Then last week, in a stunning move, a key federal regulator told Dominion Energy to put away the ACP chainsaws completely until at least late summer. Why? The de-facto message from the feds: No corporation can ignore restrictions meant to protect vulnerable migratory birds just to satisfy nervous company executives and shareholders who see the rising protests and an ACP construction schedule that is falling further and further behind!
But it’s not all good news. Despite Governor Ralph Northam’s promise to hold these pipelines to the “highest environmental standards,” the Virginia Department of Environmental Quality late last week approved final and flawed environmental plans for construction of the 303-mile-long Mountain Valley Pipeline. About the same time, in one of the most heartbreaking moments yet, the MVP companies ripped down a wide stretch of forest trees on the property of George Jones. George is a wheelchair-bound Korean War veteran whose Giles County land has been in his family for ten generations. This Facebook post will make you cry.
Meanwhile, of the 600-mile path for the Atlantic Coast Pipeline, Dominion has already clear-cut about 200 miles of land the width of a six-lane highway across parts of West Virginia and Virginia. And the company doesn’t even HAVE its final approval from Virginia regulators. Talk about arrogant!
But then, on March 28, the Federal Energy Regulatory Commission refused Dominion’s behind-schedule plea to keep cutting trees during the critical migratory season for such birds as the red-tailed hawk and cerulean warbler. Defending the birds as well as endangered bat habitat, FERC said there can be no more tree cutting until late August at the soonest, giving protesters more time to make their public case against this reckless pipeline.
That’s why we are asking all Virginians to sign up to be part of a “watchful army” of citizen monitors tracking every single move the pipeline companies make on the ground.
What is the “watchful army”? The largest and best organized program we’ve ever heard of that is dedicated to supporting citizen efforts to monitor pipeline construction and operations on the ground and from the air. The brainchild of legendary Virginia activist Rick Webb, anyone concerned about harm from the ACP can sign up to be part of the Compliance Surveillance Initiative. Along the MVP route, groups have launched Mountain Valley Watch to monitor every step that EQT takes. The efforts will involve hundreds of volunteer observers across Virginia and West Virginia monitoring construction and reporting any violations. Citizen pilots are already flying planes above clear-cutting activities with high-resolution cameras. Activists on the ground are launching all manner of drones to get even closer with photos and video.
The result? Photographs of apparent construction, erosion, and tree-cutting violations have already been submitted to the Virginia Department of Environmental Quality for investigation. And notices of violations have already been issued against Dominion, with fines likely to follow. It’s always been unclear just how Dominion and EQT can remove the tops of entire mountain ranges for their pipelines (yes, that’s their plan) and stay within state and federal regulations for environmental protection.
With legions of people like you watching their every move, the answer may be this: they can’t.
Don’t forget to watch this video of the “tree sitters” on Peters Mountain in West Virginia, protesting the MVP tree cuts. When the pipeline companies tried to get Monroe County Circuit Court judge Robert Irons to remove the protestors, the judge said this: “There is no showing that there is a national shortage of gas, an emergency requiring immediate need of delivery of gas…or some other factor causing irreparable harm.”
In fact, the judge continued, the public’s interest is more closely aligned with the tree-sitters. The protestors “generally represent the interest of the public and the environment, such as the interest in protecting the waters underlying Peters Mountain, its flora and fauna, its view shed, the Appalachian Trail and similar interests that will or may be destroyed, if this request for a preliminary injunction is granted.”
Let those words sink in for a moment. It’s the beautiful sound of the TRUTH, spoken from someone whose sworn responsibility is to judge right from wrong. The protestors absolutely DO represent the public interest – against climate change, against greed, against harm to innocent farmers and landowners, against damage to drinking water.
Which is why MORE tree-sitting protests are being planned even as we speak, all along the MVP and ACP routes. Again, read this story and watch this interview with 61-year-old “Red” perched in a tree on Poor Mountain. Here’s the bottom line: You can’t build a pipeline if you can’t cut the trees. And even if you can cut the trees, what comes next is unprecedented in American history: trained citizen observers with clipboards, phones, planes, and even drones will watch every step the companies take. The question remains: Can any company actually construct radical pipelines – 42 inches thick – over steep mountain ridges and under delicate mountain streams while actually following the law? Or will dedicated citizens like you and me – committed to justice and environmental sanity – stop the companies in their tracks?
Now, the movement needs YOU. There are two things you can do:
- STEP ONE: Make an emergency donation today to support the brave landowners and young people still peacefully protesting the pipelines.
- STEP TWO: Sign up to be part of a “watchful army” of citizen monitors tracking every single move the pipeline companies make.
I, for one, am all in. I support the protesters. I’m joining the monitoring teams. Won’t you do the same? Isn’t this fight worth your time and money?
I know you’ll join us.
-Mike Tidwell
Take a Stand for Our Water – Join Our Social Media Campaign for #MyPotomac!
We need you to help save the Potomac River.
Governor Hogan is handing over our clean drinking water to the fossil fuel industry. How? A Canadian oil company called TransCanada wants to build a pipeline to carry fracked gas underneath the treasured Potomac, the drinking water source for millions of people. Rather than ensuring that our drinking water be protected, Hogan has basically been TransCanada’s biggest cheerleader.
Read more information about the history behind this fight, and how Hogan is handing the review process to Trump agency officials in this blog post.
Now, we’re running out of time to stop it. The Hogan Administration has until March 15 to issue its decision. So we need to put on the pressure.
That’s where you come in. We need you to speak up and spread the word to stop this pipeline. We need you to show EVERYONE — from Governor Hogan to your next-door neighbor — what the Potomac River means to you
We’re asking you to take part in the #MyPotomac social media campaign. It’s simple: post a picture that showcases what the Potomac River means to you. Let your friends and neighbors know why we need to STOP TransCanada’s Potomac Pipeline.
Add your voice to protect our water, our communities, and our climate.
How to participate? It’s easy!
Step 1. Take or find a picture of the Potomac River.
This can be a picture of you, your family, friends, home, or a photo of you by the Potomac River. If you can, include a sign or message about stopping the Potomac Pipeline. You can make a sign yourself or print out our No Potomac Pipeline signs — anything related to stopping this natural gas pipeline works. If you’re not planning any Potomac trips in the near future, you can find an old favorite!
Here are two optional signs you can print and use to hold: Click here for downloadable posters.
Or share a picture of ours! Click here for an album of downloadable pictures.
Step 2. Tell your story.
Tell your friends what the Potomac River means to you, and explain why you’re fighting to protect it. This can be as short or as long as you like.
Step 3. Tag Maryland Governor Larry Hogan in your post.
The goal of this campaign is to spread the word — and make those in power hear our voices. Right now, that’s Maryland Governor Larry Hogan. Hogan has the power to stop this pipeline. To boost your voice, we encourage you to tag Hogan’s social media handle in your post to make sure he sees your message. On Facebook, Twitter, and Instagram, use the @ symbol to tag him. Write a post that’s convincing and speaks from the heart, tell Gov. Hogan why YOU want to stop this pipeline. If you need some help, see the sample posts below to spark some ideas of your own.
Hogan’s Handles:
- Facebook: @Governor Larry Hogan
- Twitter: @LarryHogan
- Instagram: @change_maryland
Step 4. Tell your friends.
Tag your friends, encourage them to share your post or create a post of their own to spread the word and amplify our message that we do not want or need the Potomac Pipeline, we want to keep fossil fuels in the ground to protect our climate and our communities.
When you’re ready to post:
- Upload your photo to every social media platform you use (Facebook, Twitter, Instagram, etc.)
- In the caption, don’t forget to tag Governor Larry Hogan and please use the hashtag #MyPotomac. Also consider including the optional hashtag #NoPotomacPipeline.
Examples:
Sample Facebook Posts:
- This is #MyPotomac. @Governor Larry Hogan, we need you to save it. That means rejecting fracked-gas pipelines that threaten the beauty and safety of our water. #NoPotomacPipeline
- Here’s why #MyPotomac matters to me: [ADD YOUR PERSONAL STORY.] @Governor Larry Hogan, please protect the Potomac and stop TransCanada’s dirty fracked-gas pipeline. #NoPotomacPipeline
- I’m fighting to save #MyPotomac. @Governor Larry Hogan, Maryland banned fracking. We cannot allow a pipeline carrying fracked gas to pass through our state. Will you keep your fracking promise and reject the Potomac Pipeline? #MyPotomac #NoPotomacPipeline
- With climate change wreaking havoc on our country last year, it’s clear we need to do something. That means keeping fossil fuels in the ground. @Governor Larry Hogan, will you keep your word and reject the Potomac Pipeline? #MyPotomac #NoPotomacPipeline
- Hey @Governor Larry Hogan, don’t be fooled by TransCanada’s false promises of jobs and economic growth from the Potomac Pipeline. We know that this pipeline only benefits one, and that’s TransCanada. Our water is too important to put it in an Oil & Gas company’s hands. Do the right thing and reject the Potomac Pipeline #MyPotomac #NoPotomacPipeline
Sample Twitter Posts:
- The health and safety of #MyPotomac River matters to me. @Governor Larry Hogan, please protect the Potomac and stop TransCanada’s dirty fracked-gas pipeline. #NoPotomacPipeline
- We know pipelines leak and spill. A pipeline has no place underneath the Potomac River. I want to protect #MyPotomac for me and for future generations. @LarryHogan, will you reject the PotomacPipeline? #NoPotomacPipeline
- .@LarryHogan you promised to ban fracking in MD. Why would you then let a fracked gas pipeline run underneath our Potomac River? Please stand up for our clean water. #MyPotomac #NoPotomacPipeline
- Governor @LarryHogan, you banned fracking over potential risks to our land and water. Will you keep your fracking promise and reject the Potomac Pipeline? #MyPotomac #NoPotomacPipeline
- Our water is too important to risk. @LarryHogan, the Potomac Pipeline would threaten the drinking water for millions across MD, DC, & WV. Do the right thing. #MyPotomac #NoPotomacPipeline @CCAN
- The Potomac Pipeline is owned by @TransCanada, which also owns #KeystoneXL & has a long record of disastrous spills. @LarryHogan, you must be a leader and reject the Potomac Pipeline for our safety. #MyPotomac #NoPotomacPipeline @CCAN @PotomacRiver
Sample Instagram Posts:
- This is #MyPotomac River. I love to kayak, fish, and swim. Governor @change_maryland, a pipeline spill from the Potomac Pipeline would change things forever. We know TransCanada’s pipelines leak and spill constantly. Will you deny the 401 certification for the pipeline and protect our water? #NoPotomacPipeline
- I’m fighting to save #MyPotomac from pipelines. This is important to me because I want the river to be enjoyed for me and future generations. Gov. @change_maryland, please protect the Potomac and stop TransCanada’s dirty fracked-gas pipeline. #NoPotomacPipeline
- Gov. @change_maryland, we took a stand to protect MD citizens & environment from fracking. Let’s not nullify this progress with a hazardous fracked gas pipeline under the Potomac! Reject the Potomac Pipeline! #MyPotomac #NoPotomacPipeline
- Hey Governor @change_maryland, the review process for TransCanada’s Potomac Pipeline has been flawed from the start. We need a full environmental review to see the potential impacts this pipeline would have on our state. Do the right thing for our water. #MyPotomac #NoPotomacPipeline
Step 5: Stay updated!
Sign up today to get updates on the “No Potomac Pipeline” campaign, and we’ll contact you with important updates and action items you can take to support this campaign.
Social Media Best Practices & Tips:
- Use a period in front of a Twitter handle, if used at the beginning of the tweet.
- Please tag the Facebook page “No Potomac Pipeline” so we can easily find your post!
- Please include our #MyPotomac hashtag, and the optional #NoPotomacPipeline hashtag!
- In the actual photo, please also consider tagging the organizations of this campaign so we can easily find and share your post (type the @ symbol, then type out the name of the organization and select it from the options to complete the tag):
- For Facebook:
- For Twitter:
- For Instagram:
Other Ways to Get Involved:
Once you’ve posted to social media, here are a few more steps you can take to stand with us against the Potomac Pipeline.
- Submit electronic comments to the Federal Energy Regulatory Commission (FERC) on their Potomac Pipeline environmental assessment (EA). Learn more from our friends at Potomac Riverkeeper here.
- Join us for the huge rally at Governor Hogan’s mansion in Annapolis on February 15. RSVP here.
Campaign to Resist the Potomac Pipeline Grows Stronger
The “No Potomac Pipeline” campaign began in early 2017 as a broad coalition of citizens, elected officials, and environmental advocates came together to stop TransCanada’s proposed pipeline under the Potomac River.The Eastern Panhandle Expansion Project, known as the “Potomac Pipeline,” could threaten the drinking water of millions of people in the region. Its construction would require a drilling method called Hydraulic Directional Drilling, which uses millions of gallons of bentonite slick water, typically laced with diesel fuel, to drill longitudinally under rivers and other structures.
The entire pipeline project would impact 19 streams and 10 wetlands in Maryland and 100 streams and wetlands in West Virginia. The risk in this region is exacerbated by the sensitive karst limestone geology underneath the river, characterized by underground drainage systems with sinkholes and caves, and openings that could allow for the migration of pollutants into underground aquifers.
Landowners in the pipeline’s path are concerned for their direct safety and impacts to their property values. If a severe accident like a pipeline explosion occurs, the blast radius could be up to a half a mile. But for some, the pipeline is routed to come within 500 feet of their homes.
Landowners like Patricia Kesecker, a West Virginia farmer, are concerned about the use of eminent domain to acquire private land for a private pipeline company. The Kesecker family has been sued over access to their property, while the family wholeheartedly rejects a pipeline crossing their land.
For other environmentalists, opposition to the pipeline is an imperative to act on climate change by moving away from fossil fuel energy and towards clean, renewable energy. This pipeline would deepen our dependence on fossil fuels at a time when scientists agree that we must transform our energy system to maintain the stability of our climate.
The fight against the Potomac Pipeline really kicked off in June 2017, when the coalition announced a series of camp outs along the C&O canal to draw attention to the pipeline’s risks. Inspired by Standing Rock protests, more than 100 activists from Maryland, West Virginia, and the District of Columbia camped out to voice their opposition to the pipeline over the course of the summer.
In August, the protest encampments reached their peak with “kayaktivism.” Over 100 residents came together to support protesters paddling in kayaks down the Potomac River, calling on Maryland Governor Larry Hogan to reject the pipeline.
On October 14th, 2017, over 300 Maryland and West Virginia residents came together and held hands across the James Rumsey bridge that sits over the Potomac River and connects the towns of Sharpsburg, Maryland and Shepherdstown, West Virginia. It was a powerful display of unity against TransCanada’s planned Potomac Pipeline, which is currently routed to run underneath the Potomac River.
In December, 200 landowners and advocates came together to testify at a Maryland Department of the Environment public hearing on the pipeline permit. If Maryland Governor Larry Hogan is serious about protecting Maryland’s clean water, he must direct his administration to deny the water permit necessary for its construction.
And on January 22nd, 2018, the coalition made another stand at the second MDE hearing on the pipeline in Hancock, MD — but this time, it was to boycott the hearing.
Hogan Administration officials have been neither fair or transparent in how they’re dealing with this pipeline. They have refused to carry out a full environmental review as permitted under the Clean Water Act. Instead, they intend to hand over most of the pipeline permitting process to Trump agency officials. This would ignore the sensitive nature of the region, as well the immense importance of the Potomac River as a key drinking water source for millions of people. That’s why a coalition of environmental organizations including CCAN, the Sierra Club, Food & Water Watch, Potomac Riverkeeper, Waterkeepers Chesapeake, and others have come together to boycott this flawed regulatory process, and why hundreds of people from all walks of life have come together to oppose it.
Hundreds of people from all walks of life have come together to oppose the Potomac Pipeline. The Hogan Administration must carry out a full assessment of this pipeline’s impacts to our land and water — which we’re confident would show that it simply cannot be done safely.
But the clock is running out to stop it, we have until March 15 before a final decision is made. From now until then, we’ll be posting to social media to connect with decision makers and our neighbors to spread the word and STOP this pipeline to protect our water, our communities, and our climate.
Help keep the momentum going by adding your voice, and pictures, to our #MyPotomac campaign.
What Will Accelerate US Solar Adoption?
Written by Kyle Pennell from PowerScout (a marketplace that lets you compare multiple quotes for home solar installations)
While the United States solar industry continues to grow, creating sustainable power and job opportunities nationwide, it has a long way to go before it is on par with European countries like Germany, where solar is cheaper and more widespread.
The United States can close the solar gap by examining the solar learning curve, increasing state-based government incentives, embracing community solar, and passing laws which will see an increased solar carve out applied to the Renewable Portfolio Standard of each state.
The Solar Learning Curve
Solar hardware has been falling in cost consistently since 1977. Back then, at the beginning of the Jimmy Carter presidential administration, solar panels sold at a rate of $76.67 per Watt. Fast forward to today, and you see panels selling for less than $1 per Watt. The price of panels has fallen more than 50% since 2008, and over 100% since 1977 (more on these costs at PowerScout)
By accurately predicting this ongoing decrease, the solar industry can focus advertising efforts and plan for increased production brought about by demand. But how does one predict such things? In the solar world, it’s actually quite easy.
The solar learning curve, or experience curve, is a trackable industry pattern in which for every cumulative doubling of production volume, solar PV hardware has seen an average decrease of 20%. This is a symbiotic relationship which perfectly explains solar cost trends. As more installations occur, the price falls. As the price falls, more people book installations.
Tracking the learning curve will help solar companies focus their marketing efforts and anticipate demand.
Import Tariffs Could Cause Solar Disruption
While states should be embracing laws that help the spread of solar adoption, they should also be fighting against those that would hinder it.
In January, a new situation arose which could threaten the spread of solar adoption and offset the industry’s steady price decrease. The International Trade Commission ruled last year that solar panels produced in China serve as a detriment to the American solar production industry. This ruling gave the White House authority to impose increased tariffs on imported panels, thus potentially causing the price of solar systems in the US to rise. US President Donald Trump passed those tariffs into law on January 22, 2018. Now, all imported solar panels will see a first year tariff of 30%, followed by 25% in the second year, 20% in the third year, and 15% in the fourth. This first year tariff will add 10-15 cents per watt onto every foreign panel, increasing the price of a 7 kW system by over $1,000.
While this could, in theory, benefit domestic solar panel producers who struggle to compete with China’s low prices, it could stand to offset the nation’s renewable energy efforts. In fact, the SEIA estimates that the decision will actually cause the loss of 23,000 American jobs.
Affordability equates to adoption, and by placing roadblocks in the path of progress, the United States could start to see the European solar market widen the gap.
Pass Laws to Increase Solar Carve Outs
Many states have what is known as a Renewable Portfolio Standard, which requires a set increase in the amount of their renewable energy production. Each RPS contains a solar carve out, which sets a percentage goal for power generated by solar panels.
In Maryland, where the RPS is 25% by 2020, the solar carve out is only 2.5%. Newly proposed legislation, spearheaded by local non-profit organizations is calling for an increase of the state’s solar carve out to 14.5%. They are also seeking to up the state’s RPS to 50% by 2030. Such a dramatic increase would do well to spread the adoption of solar throughout Maryland.
States who increase their solar carve out are helping to spread solar adoption to the masses. The Chesapeake Climate Action Network, who first called on the Maryland state government to enact these increases, stated that such a change would provide an investment in health, climate, jobs and equality.
Community Solar
Not everyone can install a solar system on their roof. Citizens with unsuitable roofs or rental properties can still take advantage of solar savings with a community solar program.
Community solar is popping up all over the country, wherein individuals can subscribe to energy generated by a large communal solar panel farm. The power generated by the panels you are renting is then applied to your electric bill. Community solar allows for the use of renewable energy, even for those who cannot afford installation costs.
Some states, like Maryland, have proposed pilot programs to bring community solar initiatives to its residents, with the goal of bringing the benefit of solar power to low and moderate income users. The Chesapeake Climate Action Network has also been working hard to increase community solar programs throughout Maryland, dubbing it “Solar for Everyone.”
More Incentives Nationwide
Government incentives help to make solar energy more attractive to homeowners. Unfortunately, incentives tend to vary state by state. Thus, even though many states have ideal conditions for solar power, because the state government has not embraced this technology, we see less rollout.
Take Michigan for example. Detroit sees average period of sunlight in excess of four hours per day. That, coupled with the state’s lower temperatures make for an ideal solar environment. But with virtually no government aid, Michigan homeowners see far less solar penetration than states such as New York and California.
Some common and helpful incentives that make solar more affordable for homeowners include property tax and sales tax exemption.
When solar is installed in a home, property values rise. Normally, this kind of upswing would be accompanied by a bill from your local tax assessor. But many states have decided to overlook this and free residents from an increased financial burden.
Sales tax exemptions are also helpful. For a state with a sales tax rate of 7.5%, a $20,000 PV solar system would come with an additional $1,500 tacked on. That’s a large amount of money, and its elimination could make or break a homeowner’s decision to install solar.
One way in which we can catch up to European nations would be to govern solar incentives on the federal level, rather than state, to ensure that all US residents are able to afford renewable energy. In Germany, for example, solar is overseen by a uniform national system, making adoption easier across the entire country.
No More Lac-Megantics! We Need Safe Rails and Sustainable Communities
Last week, a small but mighty group braved the bomb cyclone in DC to rally for rail safety outside the Canadian Embassy. We were there to stand in solidarity with the scapegoated rail workers currently on trial for the deadly 2013 crude oil train derailment in Lac-Megantic, Quebec.
On July 6, 2013, a freight train carrying 72 tank cars of crude oil derailed in the small town of Lac-Megantic. Many of the town’s residents were gathered at a local bar for a birthday party when the runaway train barreled into downtown a little after 1:00 in the morning. When the train derailed at a sharp curve in the tracks, its highly flammable cargo exploded and wrought devastation, killing 47 people, orphaning 27 children, destroying 44 buildings, and leaving 160 people homeless.
Over four years later, the criminal trials for this tragedy are about to conclude. Yet the wrong people are being blamed.
The rail company that operated the ill-fated train, Montreal Maine and Atlantic Railway Ltd. (MMA), is not being held accountable for its dangerous policies and poor safety regulations that made the derailment inevitable. Instead, rail workers Tom Harding and Richard Labrie each face one count of criminal negligence causing the death of 47 people in the Lac-Mégantic crash.
While the prosecution has focused on the number of hand brakes that engineer Harding applied on the train before parking it for the night, the Transportation Safety Board report on the disaster paints a more comprehensive picture. After reviewing the TSB report, a chemical engineer at the Université de Sherbrooke concluded, “the company has tolerated improper braking practices, did not provide appropriate braking practice and did not ensure the employees were properly trained and demonstrated that they understood the training.”
What else do we know about the conditions that led to the derailment? The train was illegally overloaded, weighing 2,800 tonnes over the legal limit. There was a mechanical breakdown on the locomotive two days before the derailment, but MMA officials allowed the train to operate anyway. And the inspector of the locomotive had little experience, only having begun inspecting trains solo a few weeks before.
Yet the policy that most rail safety advocates point to as the key culprit in this case is the inherently dangerous one-person crew practice imposed soon before the tragedy. To increase profits, rail companies like MMA have been decreasing crews from four, three, or two people to only one person. When MMA made this change, the only action the company took to protect that remaining one-person crew member was to require the installation of a mirror on the conductor’s side of the train.
That’s right: a mirror was expected to replace a second and even third skilled worker.
Though it is clear that lax regulations and unsafe railroad management policies led to the tragedy in Lac-Megantic, engineer Tom Harding and traffic controller Richard Labrie are facing exclusive blame for the incident. They face life in prison for a tragedy that their employer made inevitable by cutting corners. Further, if the workers are convicted of criminal negligence, the reckless policies and lack of regulatory oversight that caused the disaster will not be changed. The conditions that led to the tragedy in Lac-Megantic will remain the norm, continuing to put communities along rail lines in danger.
In Baltimore, we have an opportunity to make real progress in the fight against dangerous crude oil trains. In October, 11 members of the City Council introduced an ordinance to zone out new crude oil terminals, which will limit dangerous crude-by-rail traffic in the city while protecting our climate from this polluting crude oil.
Click here to learn more and take action with the CCAN Action Fund.
Virginia Water Control Board Vote Today: Dominion CANNOT Build Controversial Pipeline in VA Without More Study
Last-minute Delay of Permit Seen as Positive Step by Landowners and Environmentalists in Fight Over Dominion’s Atlantic Coast Pipeline for Fracked Gas
More Information Needed, Board Says. Decision is a Rebuke of Governor Terry McAuliffe’s Unwavering Support for the Controversial Pipeline; CCAN Looks to Governor-elect Northam’s Administration to Protect Virginia’s Waters
Summary: Bowing to unprecedented opposition from landowners and environmentalists, the Virginia State Water Control Board today threw a wrench in the plans of Governor Terry McAuliffe and Dominion Energy to build the Atlantic Coast Pipeline for fracked gas. The board voted 4-3 to approve the project under section 401 of the Clean Water Act, but dependent on a final review of several environmental studies. The vote delays Dominion’s plan to begin near-term construction of the 600-mile pipeline. The decision likely means this issue will be delayed into 2018 and into the administration of Governor-elect Ralph Northam, who has taken a less openly supportive stance on the pipeline due to environmental concerns.
Statement from Mike Tidwell, Executive Director of the Chesapeake Climate Action Network:
“In a setback for notorious polluter Dominion Energy, the Virginia State Water Control Board today sided with landowners and environmentalists in calling for more rigorous and comprehensive review of the controversial Atlantic Coast Pipeline. After being ignored for years by Governor Terry McAuliffe and Dominion, the voices of everyday Virginians were finally heard and we will work tirelessly to make sure all the facts can come to the table. CCAN and our allies have argued all along that any science-based and transparent review of all the harmful impacts of the ACP can only result in official and final denial of Dominion’s radical pipeline for fracked gas.
“Now Virginians are counting on the Administration of Governor-elect Ralph Northam to do what the McAuliffe Administration failed to do: let science and the law guide decision-making on the pipeline.”
Background:
The Board bucked enormous pressure from Governor McAuliffe’s Administration, which was pressuring Board members to approve the pipeline without undergoing the in-depth analysis that a project at this scale requires. The Board voted to delay certification for the pipeline until after the Governor’s Department of Environmental Quality can review and give final approval to erosion and sediment control plans, stormwater management plans, and studies of sensitive karst terrain. While an outright denial of the project was warranted, the Board’s decision delays the project.
Unfortunately, the same Board approved the equally controversial Mountain Valley Pipeline for fracked gas last week. CCAN and three other groups immediately filed a lawsuit against that decision. Our hope is that today’s ACP delay could bring a similar regulatory delay to the MVP process, but there is uncertainty on this front.
Thousands of Virginians have mobilized over the past three years to stand against the Mountain Valley and Atlantic Coast pipelines. See fact sheet here. Over 17,000 community members submitted comments to the Federal Energy Regulatory Commission against the MVP during the public comment period, and over 21,000 submitted comments to FERC about the ACP. Additionally, over 53,000 people nationwide — including thousands of Virginians — have signed on to a Change.org petition calling on Governor McAuliffe to reject the Mountain Valley and Atlantic Coast pipelines. Activists have garnered opposition from all walks of life, from faith leaders to military veterans and more. The mobilization against the pipelines has also included civil disobedience, with 23 Virginians getting arrested outside the Governor’s mansion in 2016 and 19 arrested for barring the entrance to the Department of Environmental Quality office in Richmond this September.
FOR IMMEDIATE RELEASE: December 12, 2017
CONTACT: Mike Tidwell, Executive Director, Chesapeake Climate Action Network, 240-460-5838, mtidwell@chesapeakeclimate.org
Anne Havemann, General Counsel, Chesapeake Climate Action Network, 240-396-1984
Denise Robbins, Communications Director, 608-620-8819, denise@chesapeakeclimate.org
What the Water Control Board hearings really tell us
On Thursday, December 7, the Virginia Water Control Board voted to certify that there was “reasonable assurance” that the Mountain Valley Pipeline would not harm Virginia’s water quality, subject to about a dozen conditions. Two board members — Roberta Kellam and Nissa Dean — dissented, while five voted in favor.
The entire process extremely problematic. The Board was missing at least three critical pieces of information: (1) complete karst studies; (2) a permit from the Army Corps of Engineers, which looks at impacts to streams, wetlands, other waters of the United States; and (3) site-specific erosion and sediment control and stormwater management plans.
Throughout the hearing, Board members themselves expressed concern that they were being asked to “put the cart before the horse.”
In reviewing the Mountain Valley Pipeline (and the Atlantic Coast Pipeline), the DEQ developed a new permitting process. Last week’s hectic decision made it clear that both the DEQ and the Water Control Board did not completely understand the new process and its implications. This new pipeline permitting process for the first time considered “upland activities,” that is, what happens to water quality when you clear steep mountains of all vegetation, and deferred to the U.S. Army Corps’ review of stream crossings.
At the State Water Control Board meeting, some board members, led by Robert Wayland, expressed skepticism that the Army Corps’ review would be sufficient to protect water quality — no matter if the Army Corps issues the same blanket one-size-fits-all permit it issues for most pipeline projects or actually does an individual review. The board attached an amendment to the permit that attempted to preserve its right to review stream crossings after the Army Corps issues its permit. The idea would be that the DEQ would present to the Water Control Board about whether the Army Corps permit was good enough, and, if not, the state could do its own review. It’s not clear, however, whether this attempt by the board to preserve its right to review stream crossings will stick. MVP now has a 401 certification that it can take to FERC. If FERC allows MVP to proceed, the state of Virginia would have to ask FERC for a rehearing, FERC could issue a tolling order, and the process could drag on while MVP starts to build. More broadly, this was the Board’s chance to look at the cumulative impacts to water quality from upland activities plus stream crossings, and it failed to look at the big picture.
The Board added a couple of additional conditions that aren’t too clear, related to expanding the width for a stream crossing and about successor-in-interest liability.
Governor McAuliffe and his administration have had their thumb on the scale for these projects from the very beginning, and that was evident at the hearing.
Why was McAuliffe’s DEQ asking the Board to make its decision without so muchcritical information? At one point, a Board member asked to see an Executive Summary of a not-yet-complete karst study. Maybe the Board members read that over their lunch break?
A lawyer from the Attorney General’s office also advised the Water Control Board to act quickly. During deliberations, the permit was projected onto the wall and changes were made using track changes. The vote itself was confusing. It was not clear who voted for and against the amended permit until the public insisted, and the chairman acquiesced, to a roll call vote. The entire process was rushed, hectic, and confusing.
Yesterday’s outcome is beyond disappointing, though not entirely unexpected given McAuliffe’s full-throated support for these pipelines. We’ll have to see what happens at tomorrow’s hearing on the Atlantic Coast Pipeline… but we now have a better sense of what to expect.
Everything you need to know about the fight against the Potomac Pipeline
By Cynthia Houston. Originally published in SpinSheet December 2017.
The flotilla of dozens of activists in kayaks who paddled down the Potomac River in August carrying protest banners that called for Maryland Governor Larry Hogan to reject the Eastern Panhandle Expansion Project is not a commonplace occurrence in the Potomac River watershed. Dubbed “kayaktivists,” this relatively new approach to activism has spread from Seattle and Portland to the East Coast and the banks of the Potomac.
The kayaktivists were a part of an extensive anti-pipeline campaign that included “rolling encampments” on the Potomac and C&O Canal over the summer in addition to hundreds of Maryland and West Virginia residents joining hands to form a chain across the Potomac’s James Rumsey Bridge in October. Environmental advocates that include the Chesapeake Climate Action Network, the Eastern Panhandle Protectors, and the Potomac Riverkeepers have joined forces with landowners and citizens to influence what they see as a decision that ultimately lies with Governor Hogan.
The protests were against the proposed development of a 3.5-mile underground natural gas pipeline that would run across the narrowest part of Western Maryland, transporting fracked gas from Pennsylvania to West Virginia. The pipeline would provide 47,500 dekatherms of natural gas per day to West Virginia. Protestors and environmental activists are most concerned about a section of the pipeline that would cross under the Potomac River and the Chesapeake and Ohio Canal (C&O) – a risk they feel it too great to manage. Protestors also believe that the transport of fracked gas goes against the statewide fracking ban that Hogan signed in April.
In March, an application was filed by Calgary, Alberta-based TransCanada to the Federal Energy Regulatory Commission (FERC) to gain approval to install the pipeline in Maryland, which according TransCanada’s video on the project is slated to be buried 72 feet underground when it crosses under the Potomac. FERC, the National Parks Service, and Maryland’s Department of the Environment (MDE) must approve the pipeline, and TransCanada must obtain more than 40 required permits. But anti-pipeline protestors have identified that the tipping point of this lengthy environmental assessment process lies with Governor Hogan. If the MDE grants TransCanada a 401 Water Quality Certificate under the Clean Water Act, certifying that the pipeline project would not negatively impact water quality in the state, Hogan can reject the certificate.
Maryland’s decision is a difficult one, and there are many voices in the mix. But if you think of the “who, what, where, when, why, and how” of the pipeline’s installation, there are several factors to consider that demonstrate risks that counter the benefits gleaned by West Virginia’s economy.
Who
TransCanada operates a 56,900 mile network of natural gas pipelines in North America, supplying more than 25 per cent of the natural gas consumed daily across the nation. President George W. Bush approved TransCanada’s first pipeline into the United States, “Keystone I,” in 2007. Scott Castleman, a TransCanada spokesperson, stated that the proposed Maryland pipeline would be buried up to 100 feet beneath the riverbed, with walls twice as thick as required, and would be constantly monitored for leaks and surges. Castleman stated that TransCanada has more than a century of experience building pipelines in the area. “A dozen TransCanada pipelines already cross under the Potomac River in Maryland,” Castleman stated.
However, as recently as March, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration submitted to TransCanada’s ANR Pipeline Company a Notice of Probable Violation Proposed Civil Penalty and Proposed Compliance Order, which identified that the company “did not use properly and well qualified welding procedures” at the ANR Lincoln Storage Field Line in Michigan, and did not properly monitor corrosion at pipe supports and at soil-to-air interface locations at the Michigan Bridgman Compressor station. In January, 2014, a TransCanada pipeline in Canada about 50 miles north of the North Dakota border ruptured and exploded. The local fire chief, Jeff French, described 20-30 foot high flames that were 10-15 feet wide shooting out of the ground. “You could see it from miles away,” French said. It took 12 hours to get the fire under control.
What
As a sign of good faith, TransCanada has agreed to bury the pipeline at approximately 100 feet in the area under the Potomac riverbed. Will Carey, an energy consultant with decades of gas industry experience, has shared that “the commitment to bury the pipeline deeper below the riverbed makes sense, and is a sign that TransCanada is compromising with the community on solutions.” Maryland Senator Richard Madaleno (D) has a different perspective. “Pipelines fail, pipelines leak. We’re putting it where it is potentially most dangerous, where pipelines have failed in other states. Why do that and risk all of the drinking water for the national capital region…? It’s just not a smart thing to do.” Carl Weimer, Executive Director of the Pipeline Safety Trust, has stated that, “new pipelines are failing even worse than the oldest pipelines.” According to Weimer, the rush to expand natural gas pipelines has resulted in fewer quality controls, and new transmission lines are failing at the same rate as those constructed in the 1940s. Brooke Harper, Maryland Policy Director with the Chesapeake Climate Action Network and Environmental Chair for the Maryland State Conference NAACP, has stated, “This pipeline would bring no benefits whatsoever to the state of Marylanders, only risks.”
Why
According to John Reisenweber, executive director of the Jefferson County Development Authority in West Virginia, the region’s existing pipeline system is limited and “basically out of capacity.” West Virginia’s Secretary of Commerce, H. Wood Thrasher, has stated, “The TransCanada pipeline is fundamental for the economic future of the eastern panhandle of West Virginia. Having a steady and reliable source of natural gas is vital to attracting businesses and industry to our state.” David Smith, city manager for the Town of Hancock, also supports the pipeline, saying, “we’ve done our due diligence and feel that [the] company we’re dealing with has expertise in this field.” West Virginia’s Public Service Commission has granted permission to the Mountaineer Gas Company, that area’s largest natural gas provider, to begin construction of a pipeline between Berkeley Springs and Martinsburg, West Virginia, that will receive the gas from the Maryland connection. West Virginia has already been to court with some landowners, and the use of imminent domain to obtain access to the land required to install pipeline has been granted.
Where
In a nutshell, Governor Hogan is between a rock and a hard place – and that rock is in large part the karst topography bedrock of Western Maryland. Karst terrain is limestone (calcium carbonate); erosion, fissures, and sinkholes are common features of karst terrain. In karst topography, rainwater infiltrates horizontal and vertical cracks, dissolving the limestone, and creating vertical fissures that widen and deepen over time. Permeating water continues the development of the underground cracks – underground stream channels form, vertical shafts may open, and cave systems may emerge. Upper Potomac Riverkeeper Brent Walls has stated that, “karst geology is very sensitive geology that poses greater risks than normal construction practices for pipelines.” In his position as Riverkeeper, Wells has stated that, “it doesn’t matter how far below the river the natural gas line is constructed, because if it ruptures the gas will seep through crevices in the soil and it would be nearly impossible to track where it goes.” The threat? The Potomac River serves as the primary source of drinking water for more than 6 million residents downstream.
Another concern voiced by many is the potential impact on Western Maryland’s economy if a rupture or leak were to occur. “Tourism is the economic driver in the [area],” said Cannon. “We cannot afford to damage our pristine environment.” Drilling would occur under a portion of the Potomac River listed as sensitive on the Nationwide Rivers Inventory, and the pipeline could potentially impact the C&O Canal, a National Historic Register site visited by millions of people every year.
How
Horizontal Directional Drilling (HDD) would be used to construct the section of the pipeline under the Potomac. HDD is used to install pipelines under bodies of water, roads, railways, buildings, and other structures. According to TransCanada, HDD is an “environmentally friendly approach method used to cross sensitive areas.” In HDD, temporary wetland mats are laid down on top of construction bore areas. The pipeline is then installed using a three-phase process. First, a pilot hole is created by excavation via a downhole motor. In the second “pre-reaming” phase, the diameter of the underground path is increased to 12 inches with a “hole opener” that takes into account soil condition and density. In the third and final stage, “pullback,” the gas pipeline is fed into the reamed hole. According to TransCanada, a well-cap and swivel is placed which prevent any rotation of the pipeline. At the completion of HDD, TransCanada ensures restoration of the operating area. Tracy Cannon, an organizer with Eastern Panhandle Protectors, has stated that using HDD in karst topography would create pathways for water to drain down bore holes and dissolve the limestone around the piping. This could create sinkholes, resulting in subterranean ruptures. As recently as October, FERC had to clear Rover Pipeline to resume work at four HDD locations in Ohio after a 2 million gallon drilling fluid spill. FERC allowed Rover to resume only after third-party independent inspectors were established to oversee the HDDs and “further safeguard sensitive environmental features” to include the area’s karst topography. According to Cannon, even if there is no catastrophic accident while drilling into karst, the bedrock will be destabilized.
When
At present, as part of the permitting approval process FERC is requesting feedback that focuses on “the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts” – this input will be used to determine what issues need to be evaluated in the Environmental Assessment. Over the past year, Wells said he and his fellow advocates’ actions have slowed the timeline for the project. “We are pretty happy about that…they are actually considering alternate routes because they realize that the route that they have chosen could be in danger of being stopped,” he said. In terms of the MDE’s potential granting of the 401 Certificate, Maryland Environment Secretary Ben Grumbles has stated that, “we have requested additional information from the applicant on environmental impacts and engineering features,” and that “we are committed to protecting our precious Potomac River and the communities and resources that depend on it.”
Resources
TransCanada video demonstrating the HDD process is available at this link.
"Water is Life Rally and Concert" in Richmond Dec. 2
This encirclement will be the first public action against the pipelines of its kind in Virginia’s history. After the rally, we’ll stick around for a concert at “The National” theater just two blocks away.
We have to be creative and loud on December 2nd because, frankly, time is running out. The State’s Water Control Board will hold final hearings in Richmond on the MVP (Dec 6-7) and the ACP (Dec 11-12). We’ll be putting pressure on the Water Control Board with our massive rally and we’ll be telling our new governor and House of Delegates that water is life and we intend to preserve it for all our children!
RSVP today!
http://bit.ly/stop-va-pipelines
TAKE A BUS
Hampton Roads
- Time: 10:00am
- Location: 6101 N Military Hwy, Norfolk, VA, 23518 (Newport News or Hampton pickup TBD)
- RSVP: http://vasierra.club/waterislifetransport
Northern Virginia
Pickup #1: Leesburg, VA
- Time: 9:30 am
- Location: Leesburg Food Lion, S. King Street, Leesburg, VA
- RSVP: http://vasierra.club/waterislifenova
Pickup #2: Vienna, VA
- Time: 10:45 am
- Location: Vienna Metro Kiss and Ride, 9550 Saintsbury Drive, Vienna, VA
- RSVP: http://vasierra.club/waterislifenova
Staunton
- Time: 10:00 am
- Location: Lowe’s parking lot, 1028 Richmond Ave, Staunton, VA 24401
- RSVP: http://vasierra.club/waterislifestauntonbus
Harrisonburg / Charlottesville
Pickup #1: Harrisonburg
- Time: 10:30 am
- Location: JMU Memorial Hall, 395 South High Street, Harrisonburg, VA 22801. Bus stop on north side of Memorial Hall (near the softball field)
- Charlottesville pickup location (11:15am): Giant parking Lot, Rivanna Ridge on Pantops
- RSVP: http://vasierra.club/waterislifestauntonbus
Pickup #2: Charlottesville
- Time: 11:15 am
- Location: Giant parking Lot, Rivanna Ridge on Pantops
- RSVP: http://vasierra.club/waterislifestauntonbus
Roanoke (newly added!)
- Time: 8:45 am
- Location: Unitarian Universalist Church in Roanoke (2015 Grandin Rd SW, Roanoke, VA 24015)
- RSVP: https://www.eventbrite.com/e/swva-bus-to-water-is-life-rally-concert-tickets-39924804164
FIND PARKING
