Virginia Withholds Key Permit for “Header Injustice Project”

CCAN Statement: “This was a needed win in these trying times”

FOR IMMEDIATE RELEASE: June 26, 2020
CONTACT:
Denise Robbins, Communications Director, denise@chesapeakeclimate.org, 240-630-1889
Anne Havemann, General Counsel, anne@chesapeakeclimate.org, 240-630-2146
Lauren Landis, Grassroots Coordinator, lauren@chesapeakeclimate.org, 757-634-9567

Richmond, VA — Today, the Virginia State Corporation Commission (SCC) issued a preliminary ruling against a controversial fracked-gas expansion project referred to as the “Header Injustice Project” by affected communities. Under the terms of the decision, the utility may re-apply for a permit but must comply with certain conditions that could prove extremely difficult to meet.  If the utility, Virginia Natural Gas (VNG), can show by December 31, 2020, that its main customer — the 1050-megawatt C4GT gas plant — has the financing it needs to build, VNG must also submit information about needed environmental justice analyses and confirm that it will protect VNG’s customers from unnecessary rate increases. 

The second condition related to cost protections might prove especially challenging for VNG to meet. To shield VNG’s customers from “holding the bag” for the costs of the project should the gas plant cease operation, the Commission is requiring that the capital cost of the project must be recovered over 20 years instead of the 70 years proposed. VNG’s own rebuttal testimony recognized that “[t]here is a very real risk that if the entire cost of the Project is required to be amortized over 20 years that the Project will be cost prohibitive and not be completed.” 

The Commission found that there was a “very real risk” that C4GT might shut down before VNG fully recovered the costs of the Project. In its 2020 session, the Virginia General Assembly voted to join the Regional Greenhouse Gas Initiative (RGGI), which will raise the cost of all carbon-emitting facilities in Virginia, making it more difficult for merchant facilities like C4GT, which sell energy and capacity into the regional power grid, to make a profit. 

The Chesapeake Climate Action Network and the Sierra Club, represented by Appalachian Mountain Advocates, intervened in the proceeding and consistently raised concerns about the potential impacts to ratepayers from the proposed 70-year cost-recovery period, among other issues. The Chesapeake Bay Foundation also intervened as did the Southern Environmental Law Center on behalf of Appalachian Voices and Virginia Interfaith Power & Light. 

Anne Havemann, CCAN General Counsel, stated:

“This was a needed win in these trying times. The Header Injustice Project is so named because it is an absolute travesty in terms of environmental justice. Major components would go through majority-minority communities, and virtual hearings were held about an issue that would impact areas that have limited internet access. As a result, these communities, with little knowledge or say in the project, would have been the worst impacted by its harms: toxic air pollution, noise, threats of explosion. This is the textbook definition of environmental racism. 

“But, at the end of the day, it was the arguments around need and cost that moved the needle. This decision recognizes that there is great risk in continuing investments in fossil fuel infrastructure and affirms that ratepayers should not be forced to subsidize these projects. Virginia is on the pathway to 100% clean electricity. Fracked gas should no longer enter the equation. 

“We thank the SCC Commissioners who did the right thing today. The tide is turning in Virginia toward clean energy and toward justice. We hope that Governor Northam is paying attention and will use his authority to reject the other terrible fracked-gas projects proposed in the Commonwealth, including Dominion’s Buckingham Compressor Station.” 

Additional information: 

Virginia Natural Gas is calling the proposal the “Header Improvement Project.” But the organizations fighting it call it the “Header Injustice Project” because it would harm countless communities. 

The proposal is for three new gas pipelines, totaling 24 miles, and three new or expanded gas compressor stations from Northern Virginia, through the middle of the state, and to the shore in Hampton Roads. The primary purpose of HIP is to supply gas to the C4GT merchant gas plant proposed for Charles County City. This merchant plant would be located about a mile from the proposed Chickahominy Power Station, a separate gas-fired merchant power plant that would be the largest in the state of Virginia. VNG wants this network of fracked-gas infrastructure to be up and running by the end of 2022.

The project has been tangled in justice concerns from the beginning. The massive gas plant the project is intended to serve is one of two such plants proposed  to be built in a community with higher minority populations than the Virginia average. And one key component of the HIP project itself — the Gidley Compressor Station — is also proposed for a predominantly Black community. Yet there has been no environmental justice review carried out. 

Furthermore, holding regulatory hearings for the project during the COVID-19 pandemic raised concerns in itself because internet coverage in the area surrounding the Gidley Compressor falls below the state average, leaving residents unable to access information and participate in the process. The first hearing on the HIP proposal was held up by technical issues.

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 A coalition called the Stop the Abuse of Virginian Energy (SAVE) Coalition has formed to stop this project. Learn more here: www.stophip.org

The Chesapeake Climate Action Network is the first grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region. For 17 years, CCAN has been at the center of the fight for clean energy and wise climate policy in Maryland, Virginia, and Washington, D.C. To learn more, visit www.chesapeakeclimate.org 

D.C. Sues Big Oil for Lying About Climate Change

AG Karl Racine Files Consumer Protection Lawsuit Against Exxon, BP, Chevron, and Shell One Day After Minnesota AG Filed Consumer Protection Case Against Exxon & Koch Industries

WASHINGTON, D.C. – District of Columbia Attorney General Karl A. Racine today filed a consumer protection lawsuit against four of the world’s biggest oil companies — Exxon, BP, Chevron, and Shell — for knowingly concealing the role their products play in causing climate change harm.

The D.C. lawsuit comes one day after Minnesota Attorney General Keith Ellison filed a similar consumer fraud lawsuit against Exxon, Koch Industries, and the American Petroleum Institute. A consumer protection suit filed against Exxon by Massachusetts Attorney General Maura Healey last year is now proceeding in state court.

“Two new lawsuits filed against Big Oil in two days shows the strength and momentum of legal efforts to hold the fossil fuel industry accountable for lying about climate change,” said Richard Wiles, executive director of the Center for Climate Integrity. “It has been a very bad week for corporate polluters and climate deniers, and a very good week in the fight to hold Big Oil accountable for its lies and deception. We applaud Attorney General Racine for bringing this case. The residents of D.C. deserve their day in court.” 

“The District of Columbia today stood up to mega polluters like ExxonMobil who have harmed vulnerable DC residents for decades,” said Mike Tidwell, director of the Chesapeake Climate Action Network. “The heatwaves are bigger and the flooding from the Potomac is greater. The lawsuit filed today accurately asserts that these fossil fuel companies misled consumers about the harm of their products and the impacts of climate change. Now legal justice and compensation must flow to the Capital’s injured residents.”

A copy of the D.C. lawsuit is available here  https://oag.dc.gov/sites/default/files/2020-06/DC-v-Exxon-BP-Chevron-Shell-Filed-Complaint.pdf

This is the second consumer protection action filed in D.C. against Exxon in recent months. In May, the non-profit group Beyond Pesticides filed a consumer protection lawsuit against Exxon that asked the D.C. Superior Court to order the oil giant to cease its “false and deceptive marketing” about its role in climate change.

Background on Climate Accountability Lawsuits:

The consumer protection lawsuits filed by Massachusetts, Minnesota, and the District of Columbia are among a growing number of cases that seek to hold the fossil fuel industry accountable for climate change deception. Since 2017, more than a dozen city and county governments in California, Colorado, Hawaii, Maryland, New York, and Washington have brought lawsuits under different claims to recover billions of dollars damages caused by the oil and gas industry’s deception about climate change. Learn about those other cases here.

Contact: Mike Meno, Center for Climate Integrity, mike@climateintegrity.org or 919-307-6637
Mike Tidwell, Chesapeake Climate Action Network, mtidwell@chesapeakeclimate.org or 240-460-5838

The Center for Climate Integrity, a project of the Institute for Governance & Sustainable Development, launched in 2017 to educate the public and policymakers about the massive costs of coping with the damage attributable to global warming and to support efforts to make climate polluters pay their fair share.

For more information on what ExxonMobil and others in the industry knew about climate change and when, check out the Center for Climate Integrity’s “Smoking Guns” document archive or visit PayUpClimatePolluters.org.

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Groups Sue Trump’s EPA Over Rollback of Toxic Emissions Standards

Under the cover of Covid, EPA is putting thousands of lives at risk 

For Immediate Release – June 19, 2020

Contacts: 
Siham Zniber, Press Secretary, | szniber@earthjustice.org
Neil Gormley, Earthjustice attorney, | ngormley@earthjustice.org | 202.797.5239
James Pew, Earthjustice attorney, | jpew@earthjustice.org  | 202.745.5214
Brian Willis, Sierra Club, Brian.Willis@sierraclub.org
Lisa Caruso, Chesapeake Bay Foundation, lcaruso@cbf.org | 202.746.2504
Katie Edwards, Clean Air Council kedwards@cleanair.org

Washington, D.C. – Today, civil rights and environmental organizations represented by Earthjustice sued Trump’s Environmental Protection Agency for gutting the Mercury and Air Toxics Standards (MATS), which regulate toxic emissions from coal- and oil-burning power plants. Since MATS took effect in 2015, it has reduced mercury and other air pollutants, which are linked to brain poisoning, breathing illnesses, heart disease, and cancer, among other health impacts that particularly affect children and communities of color. MATS is estimated to save as many as 11,000 lives each year. 

Despite unusually widespread opposition, EPA Administrator Andrew Wheeler – a former coal lobbyist – reversed the legal finding that it is “appropriate and necessary” to regulate power plants’ hazardous emissions, based on a new cost benefit analysis that economists say has “deep flaws.” The move weakened the rule’s legal foundation and invited court challenges from industry groups hostile to these protections. Coal company Westmoreland Mining Holdings quickly took the opportunity that Wheeler handed to them and went after MATS in court last month. Earthjustice clients are also intervening in Westmoreland’s lawsuit to stop coal barons in their tracks.

 “Wheeler deceitfully created a bogus excuse for coal companies to challenge the MATS rule in court even though he knows the rule saves thousands of lives every year,” said Earthjustice attorney Neil Gormley. “If Wheeler’s giveaway to his former clients is successful, our children will be poisoned while we’re preoccupied with the pandemic. This corrupt attack on our communities is immoral and must be stopped.”

EPA’s own analysis underscores the public health benefits of air pollution regulations. Thanks to MATS mercury pollution has decreased by more than 81 percent.  

“It’s just common sense to protect the most vulnerable populations from the highly toxic air pollution emitted by coal-fired power plants. The technology to keep people safe is being used today and it is affordable. Eliminating these basic protections is simply unconscionable,” said Anne Hedges, Deputy Director of the Montana Environmental Information Center.

“The Trump administration is needlessly jeopardizing standards that have advanced Bay cleanup efforts and protected the region’s most vulnerable children for years. We cannot allow this cynical move to undermine critical health and environmental protections that power plants are already meeting. The Chesapeake Bay Foundation is proud to return to court with partners we’ve fought alongside since 2005 to make sure that does not happen,”said Chesapeake Bay Foundation Staff Attorney Ariel Solaski.

“Given Andrew Wheeler’s long history as a coal lobbyist, it’s no surprise  that his intent was to weaken the mercury standards and practically invite a coal company to then sue in court challenging the now-compromised rule,” said Mary Anne Hitt, Director of Campaigns at the Sierra Club. “ We will continue to defend these life-saving standards and defeat Wheeler’s continuing attempts to fudge numbers in order to justify throwing out other clean air and water safeguards.”

“The Trump Administration’s efforts to gut clean air protections during a crisis of public health and justice is unconscionable,” said Anne Havemann, General Counsel at the Chesapeake Climate Action Network. “This is an issue of environmental justice. Communities with higher air pollution rates face higher death rates from COVID-19, and Black and brown residents of this country are dying from the virus at three times the rate of white Americans. Now is the time to increase protections, not gut them.”

“Pennsylvania’s coal plants are uniformly located in areas where at least 20% of the population lives below the poverty line, as seen here, qualifying them as Environmental Justice Areas. This completely unnecessary and dangerous rollback of public health standards would directly harm our most vulnerable populations,” said Joseph Otis Minott, Executive Director and Chief Counsel of Clean Air Council.

Earthjustice filed this lawsuit on behalf of Air Alliance Houston, Chesapeake Bay Foundation, Chesapeake Climate Action Network, Clean Air Council, Downwinders at Risk, Montana Environmental Information Center, and NAACP.

Read this Earthjustice report for more on the history and benefits of MATS. 

A copy of the filing can be found here.

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Environmental Groups Take Legal Action Over Air Pollution from Industrial Flares

Allies Send EPA a Notice of Intent to Sue over Agency’s Failure to Update Inadequate 34-Year-Old Standards

FOR IMMEDIATE RELEASE: Thursday, June 11, 2020

Media contact: Tom Pelton, Environmental Integrity Project (443) 510-2574 or tpelton@environmentalintegrity.org

Washington, D.C. – A coalition of ten environmental organizations today sent the Trump Administration EPA a notice of intent to sue the agency over its failure to reduce toxic air pollution from the flares on petrochemical plants, gas processing facilities, and other industrial sites.

Across the country, thousands of industrial flares burn excess waste gases and release smog-forming volatile organic compounds (VOCs), carcinogenic benzene, and other pollutants that threaten the health of people living nearby, often minorities and communities with moderate incomes.

EPA has not updated the air pollution control standards for industrial flares in 34 years, even though the federal Clean Air Act requires that agency review them at least once every eight years to make sure they adequately protect the public and incorporate improvements in technology, according to the notice.

“At this time when people are more vulnerable to pneumonia from COVID-19 when they are exposed to air pollution, it is unconscionable that the Trump EPA has not done its job and updated these weak and antiquated standards,” said Adam Kron, Senior Attorney for the Environmental Integrity Project (EIP).

Joseph Otis Minott, Esq., Executive Director and Chief Counsel of Clean Air Council, said: “The outdated technology EPA is allowing polluters to use to reduce emissions is endangering our communities. Thirty-four years of inaction is unacceptable; EPA needs to do its job and update its regulations.”

The organizations that sent the notice – the first required step in a federal lawsuit – are EIP, Clean Air Council, Air Alliance Houston, Chesapeake Climate Action Network, Earthworks, Environment America, Environment Texas, Hoosier Environmental Council, PennEnvironment, and Texas Campaign for the Environment. 

Industrial facilities, like chemical manufacturers and natural gas processing plants, use flares as pollution control devices to burn and destroy dangerous organic compounds like benzene in waste gases. However, the flares are only effective as pollution control devices if they are operated correctly.

For example, operators inject steam into flares to keep them from smoking (which releases soot or fine particle pollution). But they often add far more steam than is needed.  EPA and industry studies have shown that flares that are over-steamed do not burn well, releasing large amounts of benzene and other toxic or smog-forming compounds that should have been destroyed during the combustion process. 

The types of industrial flares that are the subject of the today’s notice do not include flares on drilling sites or oil refineries. The general industrial flares being targeted for the improvements in the notice include those on chemical factories, solid waste landfills, gasoline terminals, and natural gas processing plants.

More than three decades after EPA established requirements for these general industrial flares in 1986, these standards no longer reflect the “best system of emission reduction,” according to the notice filed by the 10 environmental organizations.

For example, the current standards’ minimum heating value requirements are not based on where the flare is actually burning (the “combustion zone”) and therefore miss if an operator is injecting too much steam or air into the flare, dramatically lowering its efficiency.  Additionally, the current standards let operators average their measurements over long, three-hour periods rather than a shorter time, allowing for spikes that depart from proper operation.  In fact, EPA has estimated that improperly operated flares may release five times or more the pollution as a properly operated flare.

Recently, EPA conducted a rulemaking that not only pointed out the shortcomings of the current flare standards but also set out specific revisions that could correct these problems. In March 2020, EPA finalized revisions to National Emission Standards for Hazardous Air Pollutants (NESHAP) standards for ethylene production facilities that included revised flare standards similar to what the groups have requested here.  For just the approximately 100 flares covered by the rule, EPA estimated that revised flare standards have the potential to reduce excess emissions by approximately 1,430 tons per year of hazardous air pollutants (HAPs) and 13,020 tons per year of VOCs. On a per-flare basis, that’s about 14 tons per year of hazardous pollutants and 130 tons per year of VOCs.

Quotes from Environmental Organizations:

Environment Texas: “In our Clean Air Act lawsuit against ExxonMobil, an expert on industrial flares testified at trial that illegal flaring emissions from the company’s Baytown petrochemical complex were probably three to four times higher than the amounts ExxonMobil reported — and that testimony went completely unrebutted,” said Luke Metzger, Executive Director of Environment Texas.  “These hidden impacts on surrounding communities are significant, as the reported violations alone already totaled 10 million pounds of harmful chemicals.”

In Texas, three of the top five largest unpermitted pollution releases from industrial flares in 2019 happened at the Exxon Mobil Chemical Baytown Olefins Plant east of Houston, which released 48 tons of air pollution from February 28 to March 12, 2019; 75 tons of air pollution from June 28 to July 13, 2019; and another 67 tons from August 1 to August 18, 2019, according to records of the Texas Commission on Environmental Quality. Environment Texas sued Exxon Mobil over the plant’s air pollution.

PennEnvironment: “While many people may look back fondly and love the 80s, we’d all agree that technology and the things we know about air pollution have dramatically improved over the past three decades,” said PennEnvironment Executive Director David Masur. “Health based standards from the 80s are in no way acceptable for protecting public health, our communities and our environment today.”  

Chesapeake Climate Action Network: “For too long, fossil fuel companies have been allowed to emit dangerous levels of pollution at industrial facilities that are all too often located in minority communities,” said Anne Havemann, General Counsel at the Chesapeake Climate Action Network. “Virtually unchecked industrial flaring at these facilities harms the climate, health, and justice, and the EPA must fix its illegally outdated rules as soon as possible.”

Hoosier Environmental Council:  “With a ranking of 43rd in air quality, 40th in health outcomes, and 13th in COVID-19 deaths per capita, there is a great urgency in Indiana to strengthen air quality protections to reduce harm to an already vulnerable population,” said Jesse Kharbanda, Executive Director of the Hoosier Environmental Council. “We urge the EPA to revise the badly out-of-date flare standards; revisions would improve air quality in at least five of six regions of Indiana.”

Texas Campaign for the Environment:  “Industrial flares light up the skies with toxic pollution near the homes, schools and workplaces of many Texans,” said Robin Schneider, Executive Director of Texas Campaign for the Environment. “People rightly fear for the health of their families and neighbors, particularly overburdened communities of color,” said Robin Schneider, Executive Director of Texas Campaign for the Environment.

For a copy of the notice, click here.

The Environmental Integrity Project is an 18-year-old nonprofit organization, based in Washington D.C. and Austin, Texas, that is dedicated to enforcing environmental laws and strengthening policy to protect public health.

Clean Air Council is a member-supported environmental organization dedicated to protecting and defending everyone’s right to a healthy environment.

Environment Texas is a non-profit advocate for clean air, clean water, and open space.

The Chesapeake Climate Action Network (CCAN) is the first grassroots, nonprofit organization dedicated exclusively to fighting global warming in Maryland, Virginia, and Washington, D.C.

PennEnvironment is a statewide, citizen-based nonprofit environmental advocacy group working for clean air, clean water, tackling climate change and preserving Pennsylvania’s incredible outdoor places.

Texas Campaign for the Environment is a grassroots organization that empowers Texans to fight pollution through sustained grassroots organizing campaigns that shift corporate and governmental policy.

Environment America is a national network of 29 state environmental groups that work for clean air, clean water, clean energy, wildlife and open spaces, and a livable climate.

Air Alliance Houston is a non-profit advocacy organization working to reduce the public health impacts of air pollution and advance environmental justice.

The Hoosier Environmental is Indiana’s largest environmental public policy organization, working to address environmental justice, protect land and water, and advance a sustainable economy.

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Maryland Public Service Approves Dan’s Mountain Wind Farm in Western Maryland

CCAN applauds the 4-1 decision and calls on the PSC to do more to unlock offshore wind power and address a backlog of solar farm projects across Maryland

TAKOMA PARK, MD — The Maryland Public Service Commission (PSC)  today voted 4-1 to approve a long-delayed wind farm project on Dan’s Mountain in Allegany County. The 70-megawatt project will create hundreds of jobs and provide a million dollars per year in tax revenue for a county hit hard by the ongoing COVID-19 recession. 

Now the Commission must turn its attention to speeding up the approval process for a backlog of solar energy projects in the state and assisting state legislators in maximizing Maryland’s offshore wind power potential against threats from the Trump Administration. 

Statement from Mike Tidwell, director of the Chesapeake Climate Action Network: 

“The Maryland PSC did the right thing today in approving the Dan’s Mountain wind farm. The project is supported by the Western Building Trades Union and will create hundreds of good-paying jobs while cleaning up our air and reducing climate emissions. The irony of this 70-megawatt project sitting atop land formerly stripped-mined for coal is not lost on Marylanders, especially young people who can now better glimpse a clean energy future. 

“But now the PSC must further unlock that future. Annapolis legislators are asking the PSC to help advance 400 megawatts of offshore wind power with 2,000 new jobs at stake. Plus the PSC must act faster to unlock a backlog of delayed solar projects across the state, caused in large part by the slow action of a state entity called the Power Plant Research Project.

“As for the Dan’s Mountain wind farm, we believe the PSC struck the right balance in weighing the economic and environmental benefits of the project versus the legitimate concerns of some local residents who fought long and hard against the project. Some of those opponents have fought shoulder to shoulder with CCAN against fracked-gas pipelines in Western Maryland and in favor of a fracking ban. We respect those opponents and their concerns about wind power. But we are convinced that, in the fight against fossil fuels and for the long-term preservation of our Appalachian Mountains, land-based wind farms have a role to play when properly sited and carefully regulated. Again, we believe the Maryland Public Service Commission struck the right balance today and should be applauded.”

Background: 

Solar Delay: The PSC and the Power Plant Research Project are dragging their feet on acting on more than 40 “shovel-ready” solar projects. It now takes 1.5 years on average to get a solar farm approved in the state. The wait is longer than in most states and is undoubtedly discouraging new companies from coming here. 

Threats to Offshore Wind: in December 2019, the Federal Energy Regulatory Commission approved a plan to subject certain energy generation technologies to a high and arbitrary Minimum Offer Price Rule (MOPR) requirements in their bids in the PJM capacity market, of which Maryland is a member. As a result, technologies like offshore wind could be entirely excluded from this market. A group of 62 Maryland State Delegates have asked the PSC to move as quickly as possible to adjust the guidance on the open offshore wind-bidding process, to request that bidders submit contingency bids outlining one proposal without capacity payments and a second with capacity payments.

CONTACT:
Denise Robbins, Communications Director, 240-630-1889, denise@chesapeakeclimate.org
Mike Tidwell, Director, 240-460-5838, mtidwell@chesapeakeclimate.org 

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The Chesapeake Climate Action Network is the first grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region. For 17 years, CCAN has been at the center of the fight for clean energy and wise climate policy in Maryland, Virginia, and Washington, D.C. 

CCAN Commends “Historic” Change to Major Virginia Regulatory Body With Appointment of First Black SCC Commissioner

Governor Northam Appoints First Black Person to Serve on Virginia State Corporation Commission

RICHMOND, VA — Today, Governor Northam appointed Jehmal Hudson to serve as the next judge on the Virginia State Corporation Commission – the first Black person to hold a position on this regulatory body since its inception in 1902.

Harrison Wallace, Virginia Director of the Chesapeake Climate Action Network, stated in response: 

“Now that a 100 percent clean energy future is a codified goal of the Commonwealth, it is more important than ever that we have SCC commissioners who understand the benefits of clean energy to both the ratepayers and our climate. Just as importantly, we also need commissioners who can relate to the experience of Black and Brown communities that have been disproportionately harmed by Virginia’s energy monopolies, something the body has lacked for all of its 118 year history. 

“We applaud Governor Northam for choosing Jehmal Hudson as SCC commissioner, where he can begin the long-needed shift towards a clean energy future that we all can be proud of. This historic shift to Virginia’s regulatory body is good news for climate and justice in Virginia.”

CONTACT:
Denise Robbins, Communications Director, 240-630-1889, denise@chesapeakeclimate.org
Harrison Wallace, Virginia Director, harrison@chesapeakeclimate.org 

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The Chesapeake Climate Action Network is the first grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region. For 17 years, CCAN has been at the center of the fight for clean energy and wise climate policy in Maryland, Virginia, and Washington, D.C.

New Poll: Both Republicans and Democrats Want Maryland Public Service Commission to Move Faster On Wind and Solar Jobs During COVID-19 Recession

Hogan-appointed commission can legally speed up approval of clean energy projects, creating thousands of jobs. Voters in poll conducted by Patrick Gonzales support faster action. Biggest support comes from Western Maryland and the Eastern Shore.

TAKOMA PARK, MD – With over half a million Marylanders newly out of work due to COVID-19, a new poll shows that voters want the state’s Public Service Commission (PSC) to move faster in approving solar farms and wind farms. Over 40 solar projects are currently held up on regulatory wait lists — as are three wind farms on either end of the state. A new Gonzales Poll shows the public wants a change, with nearly two-thirds of both Democrats and Republicans saying the PSC should move faster.

The poll arrives at a pivotal moment for the PSC. Its five commissioners, appointed by Republican Governor Larry Hogan, reopened hearings last week related to two offshore wind farms. The commission will also vote on Wednesday of this week on a long-delayed wind farm in Allegany County in Western Maryland. Meanwhile, 40 solar projects proposed for the state are in various stages of “shovel readiness” but are tied up in PSC red tape with help from another government agency called the Power Plant Research Project.

“In an era marked by political division, this new poll shows incredible bipartisan consensus that the Maryland PSC should act faster for workers and clean air,” said Mike Tidwell, director of the Chesapeake Climate Action Network, the group that commissioned the survey. “Perhaps never in Maryland’s history have government regulators been in a better position to help so many suffering families while protecting the planet.”

In the Gonzales poll, 64% percent of Maryland voters surveyed said the PSC should move faster in approving wind and solar generation projects in the state. The numbers were highest in Western Maryland and the Eastern Shore, the two majority-Republican parts of the state where many of the largest wind and solar projects are being proposed. In Western Maryland, 70%of voters say the PSC should act faster. On the Eastern Shore/Southern Maryland, the number was 73%. Clearly Republican voters are eager to see faster economic development and jobs from wind and solar power. Statewide, 63% of Republican voters said the PSC should move faster. Sixty-five percent of Democrats said the same as did 66% of independents.

For more background on the PSC’s slowness in approving clean energy projects, read Mike Tidwell’s oped in the Washington Post from June 5.

Here is the Gonzales poll question: “450,000 Marylanders have filed for unemployment benefits with the Covid-19 shutdown. Meanwhile, over 40 solar energy farms have been proposed for construction in Maryland but are tied up in bureaucratic delays. It now takes one and half years to get a solar farm approved. Similar delays could affect a proposed land-based wind farm and two offshore projects. The Maryland Public Service Commission, which regulates these projects, can by law speed up this process and create thousands of jobs.  With the recession, do you think the Public Service Commission should act faster, or not?”

The Gonzales Research & Media Services firm surveyed 810 registered voters in Maryland between May 19 and May 23, 2020. The margin of error is plus or minus 3.5%.

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The Chesapeake Climate Action Network is the first and largest grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region. For 17 years, CCAN has been at the center of the fight for clean energy and wise climate policy in Maryland, Virginia, and Washington, D.C. For more information, visit www.chesapeakeclimate.org.

CONTACT:
Mike Tidwell, 240-460-5838, mtidwell@chespapeakeclimate.org
Denise Robbins, 608-320-6582, denise@chesapeakeclimate.org

CCAN-Report-May-2020

SCC Must Extend Moratorium on Utility Disconnections; Legislative Action Next Step

Environmental groups unite behind call for extension and data release from utilities

June 5, 2020

Charlottesville — Eleven environmental and marginalized community advocacy organizations today joined statewide calls for the Virginia State Corporation Commission (SCC) to extend its moratorium on utility disconnections during the COVID-19 pandemic. A joint comment submitted by the organizations questions the SCC’s assumption that a moratorium extension will harm ratepayers given the lack of available and relevant data from regulated public utilities including how many Virginia customers have unpaid utility bills, the reserves of each utility, and the amount utilities have overcharged customers in previous years.

The comment includes:

  • A request for the SCC to extend the mandatory moratorium on utility service disconnections until at least the end of the summer.
  • A request for the SCC to obtain weekly data from all regulated public utilities including how many customers have unpaid utility bills, the number of customers disconnected in the current year, and information regarding the financial strength and debt reserves of each utility.
  • A request for the SCC to solicit proposals from all affected utilities on steps those utilities can take to restart their energy efficiency programs or develop alternative programs that reduce consumption while protecting the health of all involved.

Virginia’s largest electricity provider Dominion Energy has declined to comment on how many residential and non-residential customers have unpaid bills or were disconnected in the current year. Dominion has overcharged its customers by $1.3 billion since 2015.

The SCC’s state order suspending disconnections is set to expire on June 15, 2020. Chesapeake Climate Action Network, Clean Virginia, Climate Action Alliance of the Valley, League of Conservation Voters Virginia, New Virginia Majority, Piedmont Environmental Council, Rappahannock League for Environmental Protection, Sierra Club Virginia Chapter, Southern Environmental Law Center, Virginia Conservation Network, and Virginia Interfaith Center for Public Policy signed the joint comment to the SCC, due today.

READ the joint comment to the SCC.

Quotes From Participating Organizations:

Harrison Wallace, Chesapeake Climate Action Network – Virginia Director

“It’s the SCC’s job to protect consumers, not corporations. But Dominion is planning to give their shareholders fat dividends during a time of economic turmoil and also planning to give out targeted grants in the name of justice. If they can do that, they can help struggling families keep the lights on and cool their homes during the hottest season of the year.”

Brennan Gilmore, Clean Virginia – Executive Director

“Families should not face electricity disconnection while Dominion Energy unjustly transfers hundreds of millions in overcharges every year from Virginians to its top executives and shareholders. The State Corporation Commission should provide relief to struggling Virginia families and small businesses by extending the moratorium on utility disconnections and demanding transparency from utilities to better understand the scope of the problem.”

 Jo Anne St. Clair, Climate Action Alliance of the Valley – Chair

“The Climate Action Alliance of the Valley believes that the SCC must be mindful that calamities like the current pandemic, and like the consequences of our ongoing climate crisis, usually burden those who are least able to adapt and recover quickly. The pandemic is not over; its negative economic effects will be with us all, especially the many Virginians who chronically have a serious burden meeting their utility bills. The SCC must consider this reality.”

Michael Town, League of Conservation Voters Virginia – Executive Director

“We should not be debating whether or not to extend a moratorium on utility shut-offs in the midst of a global pandemic and economic depression that is especially devastating for low-income neighborhoods and communities of color,” said Michael Town, executive director of the Virginia League of Conservation Voters. “The moratorium should remain in place until the pandemic is over and Virginia is able to implement just and fair utility reform to ensure our most vulnerable citizens are never put in this position again.”

Kenneth Gilliam, New Virginia Majority – Policy Director

“We are very much still in the midst of the COVID-19 pandemic, which has had greater economic and health effects, likely to be long-lasting, on low-income households and Latinx and Black communities in Virginia. The economic repercussions of the crisis are not equally distributed by race or income across the state; however, measures, such as the moratorium on utility disconnections, provides much needed fiscal relief to low-income customers who generally pay more for energy and are predicted to have greater loss of income throughout the rest of 2020, and well into 2021.”

Kate AddlesonSierra Club Virginia Chapter – Director

“The COVID 19 pandemic has thrown Virginia into a serious economic downturn with many families across the commonwealth facing job loss and financial strain. With Virginia’s hottest months still ahead of us, the SCC must extend the moratorium on utility shut-offs at least through the summer to ensure families and businesses aren’t subject to life-threatening heat. The commission should take steps to offer utility bill assistance and extended repayment programs during this difficult time.”

Will Cleveland, Southern Environmental Law Center – Senior Attorney

With the summer heat bearing down on us, we must do all we can to help people who, as a result of this pandemic, struggle to pay their utility bills. Expanded utility-sponsored energy efficiency programs, bill assistance and payment plans, and data collection are necessary to help all Virginians come through this difficult time.”

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CONTACT:

Cassady Craighill, Clean Virginia Communications Director

cassady@cleanvirginia.org, 828-817-3328

Thousands of Virginians, Scores of National Groups Tell Dominion CEO and Shareholders to Abandon Atlantic Coast Pipeline

More than 4000 residents sign petitions; 78 groups sign on to full-page ad calling on Dominion shareholders to abandon controversial pipeline

RICHMOND, VA — Today, as Dominion Energy meets virtually for its annual shareholder meeting, an unprecedented coalition of advocacy organizations and Virginia residents have sent a message to shareholders and board members, calling on the utility monopoly to abandon its plans to build the highly controversial Atlantic Coast Pipeline (ACP). 

A coalition of 78 prominent advocacy organizations from Virginia and across the country signed onto a letter that will be displayed in a full-page Richmond Times-Dispatch ad and a half-page Washington Post ad on May 6, the day of Dominion Energy’s annual shareholder meeting. The ad, addressed to shareholders, states: “New legislation and legal challenges have rendered the completion of the Atlantic Coast Pipeline unrealistic.” The letter points to the pipeline’s $8 billion price tag, eight missing permits necessary for construction, and the fact that Dominion recently informed state regulators that “significant build-out of natural gas generation facilities is not currently viable” under the state’s new law requiring Dominion to achieve 100% carbon-free electricity by 2045. 

A law signed last month by Governor Northam, HB 167, significantly raises the threshold for Dominion to pass any of the cost of the ACP onto ratepayers. In order to recover costs from Virginians as planned, Dominion must now prove a need for the energy the pipeline would supply in Virginia and that the pipeline was the lowest-cost way to produce that energy.

Additionally, two petitions garnering nearly 4,000 signatures were delivered to Dominion executives and shareholders today. With one petition, over 2200 Virginia residents called on Dominion CEO Tom Farrell to walk away from the pipeline “for the financial health of the company.” Another petition gathered over 1800 signatures to tell Dominion shareholders that the pipeline “no longer makes economic sense, even based on Dominion Energy’s own logic,” and that “continuing to pursue this project is fiscally irresponsible.” 

VIEW FULL AD HERE AND PETITIONS HERE AND HERE

“Dominion Energy’s stubborn push to continue building the Atlantic Coast Pipeline despite ballooning costs, legal and permitting challenges, and a seismic shift in Virginia’s energy landscape betrays its duty to shareholders,” said Brennan Gilmore, Executive Director of Clean Virginia. “The responsible thing — for Virginians and shareholders alike — is for Dominion to shutter the project before another tree is felled.”

“After the coronavirus, the last thing we need is another crisis at our doorstep,” said Harrison Wallace, Virginia Director at the Chesapeake Climate Action Network. “If built, the pipeline would be a disaster for both the economy and public health. And now that the economic case is stronger than ever, it’s time to end this dangerous project once and for all.”

“Our normal way of life because of the pandemic is not even close to returning. Factor this together with the economic uncertainties and the harmful impacts to the health and welfare of many elderly, low income and majority African Americans in the proposed compressor station neighborhood of  Union Hill, and you have something that is absolutely unjustified,” said Chad Oba, President Friends of Buckingham.

“Recent research shows that higher levels of air pollution increase the risk of death and hospitalization from COVID-19. Increasing toxic emissions takes us on the wrong path, placing Virginians at increased risk from the current pandemic as well as from other cardiovascular and respiratory diseases” Samantha Ahdoot, MD, Chair of Virginia Clinicians for Climate Action.

The letter to Dominion shareholders was signed by the following organizations: Allegheny-Blue Ridge Alliance, Alliance for Affordable Energy, Alliance for the Shenandoah Valley, Alliance of Nurses for Healthy Environments, Appalachian Voices, Berks Gas Truth, Better Path Coalition, Blue Ridge Environmental Defense League, Bold Alliance, Bold Iowa, Bridging The Gap In Virginia, Chesapeake Climate Action Network, Center for Sustainable Economy, Charlottesville Democratic Socialists of America, Chesapeake Bay Foundation, Clean Virginia, Climate Action Alliance of the Valley, Climate Disobedience Center, Climate Hawks Vote, Coalition for Smarter Growth, Divest RVA Earth Action Inc, Earthworks, ENOUGH is ENOUGH Preserve VA, Faith Alliance for Climate Solutions, First Alliance Consulting LLC, Food & Water Action, Friends of Buckingham, Friends of Nelson, Friends of the Earth, Green New Deal VA, Greenpeace USA, Hip Hop Caucus, Indigenous Environmental Network, Interfaith Alliance for Climate Justice, La ColectiVa, Lancaster Against Pipelines, League of Women Voters of Virginia, Lebanon Pipeline Awareness, Marcellus Outreach Butler, Mothers Out Front VA, Movement Rights, Nuclear Information and Resource Service (anti-nuclear), Oil Change International, Our Revolution Alexandria, Piedmont Environmental Council, Preserve Giles County, Property Rights and Pipeline Center, Rappahannock League for Environmental Protection, Reclaim Augusta, Richard Freeman Allan, Richmond For All, Rockbridge Area Conservation Council (RACC), Rockfish Valley Investments, LLC, Scenic Virginia, Stand.earth, Sustainable Energy & Economy Network, Sustainable Roanoke, Together We Will Henrico, United Parents Against Lead & Other Environmental Hazards (UPAL), Virginia Clinicians for Climate Action, Virginia Community Rights Network, Virginia Conservation Network, Virginia Democracy Forward (VADF), Virginia Environmental Justice Collaborative, Virginia Interfaith Power & Light, Virginia Justice Democrats, Virginia League of Conservation Voters, Virginia Network for Democracy and Environmental Rights, Virginia Organizing, Wild Virginia, Women’s Earth and Climate Action Network (WECAN) International, Yogaville Environmental Solutions, Shenandoah Riverkeeper, Center For Sustainable Communities, 350 Alexandria, 350 Fairfax, 350 Loudoun, 350.org

CONTACT:
Denise Robbins, Communications Director, CCAN denise@chesapeakeclimate.org, 240-630-1889
Cassady Craighill, Communications Director, Clean Virginia cassady@cleanvirginia.org, 828-817-3328

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Congressman Raskin Leads Letter to Leadership: Oppose Fossil Fuel Liability Relief Now and Always

60 Members Of Congress Reject Attempts to Use the COVID-19 as an Excuse to Shield Industry from Ongoing Lawsuits over Climate Change Damages

WASHINGTON, D.C. – Last night, 60 Members of Congress sent a letter to House Speaker Nancy Pelosi and House Minority Leader Kevin McCarthy to “categorically oppose any attempt to confer immunity on the fossil fuel industry or to limit its liability for the damages it causes to people or property.” 

VIEW THE LETTER IN FULL HERE 

The fossil fuel industry knowingly lied for half a century about the catastrophic damage their product would cause and now they are attempting to use the COVID-19 recovery to evade legal accountability for its wrongdoings. Members of Congress are making clear that the industry will have to pay for the damage it created. 

Mike Tidwell, director of the Chesapeake Climate Action Network, stated, “We applaud Congressman Raskin and all the lawmakers who put their name on this letter. The fossil fuel industry needs to pay for the damage it knowingly caused. The attempt of these companies to exploit this pandemic and make taxpayers clean up their mess is immoral.”

Those costs are becoming increasingly concrete. Already more than a dozen city, county, and state governments across the country — including the cities of Baltimore and Honolulu; the counties of King, Washington, and Boulder, Colorado, and the state of Rhode Island — have sued fossil fuel companies in recent years to recover billions of dollars in damages resulting from climate change the companies knew their products would cause. Giving liability relief to the fossil fuel industry could keep those cases from having their day in court. 

The letter has been endorsed by the Sierra Club, National Resource Defense Council (NRDC), 350.org, Earthjustice, Environmental Working Group, Greenpeace, Chesapeake Climate Action Network (CCAN), American Association for Justice (AAJ), the Center for Climate Integrity (CCI), Food & Water Watch, Food & Water Action, Oxfam America, Union of Concerned Scientists, Oil Change International, Friends of the Earth, Public Citizen, VOICES (Victory over InFRACKstructure, Clean Energy Instead), Delaware Riverkeeper Network, Women’s Earth and Climate Action Network International (WECAN International), Center for International Environmental Law (CIEL), Climate Hawks Vote, Center for Biological Diversity (CBD), Sustainable Energy & Economy Network, Center for Sustainable Economy, EarthRights International, Rachel Carson Council (RCC), Corporate Accountability, and the Institute for Governance & Sustainable Development. 

The letter opposes liability relief for the fossil fuel under any circumstances, not just during the COVID-19 recovery. The final line reads, “Shielding carbon polluters from proper accountability is an irrelevant and dangerous distraction from the task at hand. It has no place in federal legislation—we think never, but especially not now.”

Contact: Mike Tidwell, Chesapeake Climate Action Network, mtidwell@chesapeakeclimate.org, 240-460-5838

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The Chesapeake Climate Action Network is the oldest and largest grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region. For 17 years, CCAN has been at the center of the fight for clean energy and wise climate policy in Maryland, Virginia, and Washington, D.C.