4th Circuit Court of Appeals Issues Decision Vacating
Nationwide Permit Approval

RICHMOND, VA — Today, the United States Court of Appeals for the Fourth Circuit vacated the permit issued by the Army Corps of Engineers under the Clean Water Act for the fracked gas Mountain Valley Pipeline (MVP). The ruling revokes MVP’s authority to construct its pipeline through waterways in the Corps’ Huntington District, and implicates MVP’s ability to trench through streams and wetlands anywhere along its route  Attorneys from Appalachian Mountain Advocates argued the case on behalf of the Sierra Club, West Virginia Rivers Coalition, Indian Creek Watershed Association, Appalachian Voices, and Chesapeake Climate Action Network. The case was argued before a three-judge panel of the Fourth Circuit just last Friday.

Because the MVP’s certificate from the Federal Energy Regulatory Commission (FERC) specifies that all necessary permits must be in place before the project can proceed anywhere, MVP must also halt work along its entire route.

In response, Sierra Club Executive Director Michael Brune released the following statement:

“We applaud the Fourth Circuit’s decision to vacate the permit for the fracked gas Mountain Valley Pipeline. Today’s decision shows polluting corporations trying to run roughshod through Appalachia will be held accountable. In their haste to make a quick buck, MVP rushed essential processes because they knew there was no way their dirty project would ever satisfy commonsense protections for water and health. Now, FERC must require MVP to immediately stop construction on the pipeline.”

Howdy Henritz, President of the Indian Creek Watershed Association said:

“Indian Creek Watershed Association applauds the Fourth Circuit decision today. We have been saying for years that the impacts of this MVP project on the waters of our state need to be assessed on an individual stream crossing analysis. The steep slopes and karst topography of WV watersheds deserve independent evaluation.”

Chesapeake Climate Action Network General Counsel Anne Havemann said:

“By vacating permit after permit for the MVP, the Fourth Circuit has been forced to do what the federal government should have been doing all along: protecting the public and the environment from this harmful and unneeded pipeline. Today’s welcome decision is just one in a string of decisions invalidating MVP’s federal permits. The public deserves no less than for regulators to take a real look at the impacts of this massive project. Once they do, we’re confident they will conclude that there is simply no safe way to build the Mountain Valley Pipeline.”

The SWCB Failed to Require Individual Reviews of Pipelines’ Impact, Putting Virginia’s Waters at Risk for Pipelines that Have Already Caused Numerous Violations

RICHMOND, VA — Today, the Virginia Department of Environmental Quality provided misleading and incomplete information to the Virginia State Water Control Board during its review of whether the US Army Corps of Engineers’ Nationwide Permit 12 (NWP 12) for the Atlantic Coast Pipeline and Mountain Valley Pipeline is sufficient to protect Virginia’s water quality. The Board failed to take its opportunity to revoke this permit, instead calling on the DEQ to aggressively enforce the erosion and stormwater controls for the pipelines and respond to complaints promptly.
The Department of Environmental Quality, headed by the controversial David Paylor, continued to strongly recommend that the Board allow pipeline construction to proceed, despite mounting evidence that MVP and ACP have already harmed water quality.
Anne Havemann, General Counsel for the Chesapeake Climate Action Network, issued the following statement in response:

“The pipeline companies have cut corners and aggressively pushed for approval before complete information about the impacts were understood. Reviewing federal courts have thrown out key permits for both pipelines, finding that agencies failed to adequately protect endangered species, national forests, and treasured places such as the Blue Ridge Parkway. These invalidated permits were so critical that FERC has halted construction on both pipelines.

“David Paylor’s DEQ likewise pushed for approval from the State Water Control Board before the impacts of the pipelines were understood — the agency recommended approval before critical pollution mitigation plans were in place. Today was the Board’s opportunity to hit pause on construction and require the agency to fully account for impacts to Virginia’s waters — a desperately needed pause for the landowners whose drinking water, streams, and property are threatened by these pipelines. We’re sorely disappointed that the Board passed up this critical opportunity.

“Instead of requiring an individual review, the Board instead called on DEQ to conduct aggressive compliance efforts. While we are still reviewing the Board’s decision it appears to have no teeth, and could allow sediment to continue to be dumped into the water with impunity. In the midst of public outcry and ongoing harm to water quality, we cannot applaud a decision that merely requires the DEQ do the job it should have been doing all along.

“Today is a shameful day for David Paylor’s Department of Environmental Quality, and a sad day for Virginians. But, the fight is not over. We will continue taking these pipelines to court. We are confident that the federal courts will continue to overturn the insufficient permits for these pipelines, and evidence will prove once and for all that these pipelines should never be built.”

Background Information
The Mountain Valley Pipeline has been issued six notices of violation for failing to prevent erosion and sediment from damaging streams. Five notices were issued by the West Virginia DEQ and one by Virginia’s DEQ, which addressed six separate areas of concern. The Atlantic Coast Pipeline, which is not yet under construction in Virginia, has been issued one notice of violation for tree-felling in buffer zones meant to protect stream and wetland crossings. Additionally, the citizen monitoring group Mountain Valley Watch has submitted 58 reports of suspected improper erosion controls at Southwest Virginia construction sites to the DEQ.
The majority of comments submitted concerning this permit (9,100 of 17,000) urged the Board to reject the Army Corps’ “blanket” permit, and to conduct individual stream crossing reviews instead. According to an analysis conducted by Wild Virginia and the Dominion Pipeline Monitoring Coalition, 815 of the comments submitted were unique, 695 of which were opposed to the permit or the pipelines in general. The comments in opposition also provided far more detailed information than the comments in support.
DEQ even misrepresented the public opposition to the projects.  An analysis of the comments by Wild Virginia and the Dominion Pipeline Monitoring Coalition found that a majority of commenters questioned whether the Army Corps’ nationwide permit was sufficient, with 9,141 opposing and 8,318 in support. The DEQ presented a much different number: Only 4,582 opposed and 8,086 in support.  The discrepancy can be explained by the fact that DEQ disregarded all petitions, though it did not disregard form letters. This decision skewed the result in favor of the NWP 12. This approach is unsupportable. If form documents that express no unique opinions and provide no unique information are to be counted individually, then petition signatures should also have been counted.
This hearing came at an opportune time, as a federal appeals court has revoked key permits for both the Atlantic Coast Pipeline and Mountain Valley Pipeline, leading the Federal Energy Regulatory Commission to order a halt to all new construction activity for both pipelines.
CCAN is involved in a lawsuit challenging FERC’s certificate of public convenience and necessity for the Atlantic Coast Pipeline and the Mountain Valley Pipeline, and efforts to  challenge the Army Corps’ permit for the pipelines.
CONTACT:
Denise Robbins, Chesapeake Climate Action Network, denise@chesapeakeclimate.org, 608-620-8810
Anne Havemann, General Counsel, 202-997-2466, anne@chesapeakeclimate.org,
Jamshid Bakhtiari, Virginia Field Coordinator, 757-386-8107, jamshid@chesapeakeclimate.org

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Governor Hogan’s Dangerous Potomac Pipeline Cleared Important Regulatory Hurdle — Groups Fight Back

Chesapeake Climate Action Network and Potomac Riverkeeper Network Request Rehearing of Federal Approval of TransCanada’s Proposed Fracked-Gas Pipeline Underneath the Potomac River

WASHINGTON, DC — Today, environmental groups requested a rehearing for a key permit that was recently issued for a highly controversial fracked-gas pipeline known as the “Potomac Pipeline.” This pipeline is set to be built underneath the Potomac River, threatening the drinking water of millions of residents who rely on the Potomac as a drinking water source.
The permit, issued by the Federal Energy Regulatory Commission (FERC), was called into question by two FERC commissioners who raised concerns about the agency’s examination of the pipeline’s impacts on climate change. Commissioner LaFleur also voiced concerns  about the impacts from a closely related pipeline under construction in West Virginia.  These are among the issues the groups raised in their rehearing request.
From the very beginning, Maryland Governor Larry Hogan put his thumb on the scale in favor of building this pipeline. He coordinated with the Canadian-based company behind the project, TransCanada (which owns Columbia Gas), to exempt the risky drilling process for this pipeline from state oversight. Hogan’s Maryland Department of Environment (MDE) then failed to carry out a thorough water certification process under the Clean Water Act, under which the department would have had the authority to reject the pipeline.
The Potomac Pipeline would run through sensitive karst geology underneath the Potomac River, making it more likely that a leak or explosion could happen during and after construction. It would also deepen our dependence on fossil fuels and lead to an expansion of fracking in Pennsylvania. Fracking wells leak the powerful greenhouse gas methane into the air, making it as bad or worse for global warming than coal.
Anne Havemann, General Counsel at the Chesapeake Climate Action Network, issued the following statement:

“Governor Hogan has been working relentlessly to expand fracked-gas infrastructure throughout the state of Maryland. Now, the Trump Administration has given Hogan what he wanted: A greenlight to build a fracked-gas pipeline underneath the invaluable Potomac River, endangering the water supply of millions of residents and locking us into a new source of fossil fuels for decades.

“Hogan has shirked his responsibility to protect the people of Maryland or listen to their concerns. And now the federal commissioners at FERC have failed the people of America by refusing to examine the climate impacts of the Potomac Pipeline. Even two FERC commissioners know this pipeline could be a disaster for the climate.

“We are committed to taking any and all opportunities to protect our communities from the dangers of this pipeline and all other future pipelines to come.”

Katlyn Schmitt, Staff Attorney at Waterkeepers Chesapeake, stated:

“We are incredibly disappointed by FERC’s failure to adequately consider the cumulative water quality impacts from drilling a fracked gas pipeline under the Potomac River. Ultimately this decision could endanger the area’s largest drinking water supply and local ecosystems that are critical to the Chesapeake Bay.”

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

CONTACT:
Denise Robbins, Chesapeake Climate Action Network, denise@chesapeakeclimate.org, 608-620-8810
Katlyn Clark, Waterkeepers Chesapeake, katlyn@waterkeeperschesapeake.org, 240-320-7711
Brent Walls, Upper Potomac Riverkeeper, Brent@upperpotomacriverkeeper.org, 443-480-8970
 

MD Wind and Solar Businesses Appeal to Lawmakers and Grassroots to Expand Renewable Portfolio Standard

Leaders say two environmental nonprofits are outliers and calls to end RPS could hurt wind and solar employees

ANNAPOLIS, MD — This week, top leaders in The Maryland wind and solar industries called on state legislators and grassroots activists to embrace a bill that would rapidly expand Maryland’s renewable electricity standard.
The leaders — Andrew Gohn of the American Wind Energy Association and Cyrus Tashakkori of the Maryland Utility-Scale Solar Energy Coalition —  pointed to the Renewable Portfolio Standard (RPS) as the key to success for Maryland’s wind and solar industries thus far. They explained that expanding the RPS further would lead to continued expansion of the wind and solar industries, creating thousands of new jobs in Maryland.

Listen to the conference call recording in full here.

There is broad consensus that the RPS incentivizes construction of new wind and solar plants. However, two recent reports from Food & Water Watch (FWW) and Chesapeake Physicians for Social Responsibility (CPSR) have contradicted this broad consensus.
During the conference call, Gohn and Tashakkori explained how these outlier reports used outdated information to come to the wrong conclusions. For instance, the CPSR report continually references data from 2016 to claim that 46 percent of the energy incentivized by the RPS is “brown” energy, or energy from burning black liquor or trash. But in 2020, the RPS will incentivize 80 percent carbon-free energy, with only 20 percent going to “brown” sources. And by doubling the RPS through the Clean Energy Jobs Act, this makeup will be 94 percent clean by 2030.
They also explain why the criticism of “unbundled” Renewable Energy Credits (RECs) is misguided. “There’s a mountain of evidence that RECs incentivize renewables,” Gohn said on the call, pointing to independent analyses from the Brattle Group as well as from national labs like Lawrence Berkeley.  “Just about everybody agrees that RPS policies have been the thing that has driven new renewables in the region.” Tashakkori referenced an analogy he also made in a recent Baltimore Sun op-ed:
“RECs help efficiently manage renewable supply and demand across our region in the same way banks enable us to deposit $20 at one branch and withdraw it at another. It’s a different $20 bill, but that’s irrelevant; we still have $20. CPSR’s critique of unbundled RECs is analogous to insisting that the $20 bill we withdrew be identical to the one we deposited across town, a pointless and inefficient system with hugely negative implications for ratepayers.”

Listen to the conference call recording in full here.

The Clean Energy Jobs Act calls for Maryland’s RPS to increase to 50% by 2030, and provides a path for Maryland to achieve a future powered by 100% clean energy. Read more about it here.
CONTACT:
Denise Robbins, Chesapeake Climate Action Network, denise@chesapeakeclimate.org, 608-620-8810
Andrew Gohn,  Eastern State Policy Director, American Wind Energy Association, agohn@awea.org, 202-809-7044
Cyrus Tashakkori, Board Member, Mid-Atlantic Renewable Energy Coalition,  cyrus@openroadrenewables.com, 512-921-8643
 

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In Response to Arguments from Advocates and Concerned Citizens, Hogan Administration Limits Toxic Metals from Three Coal-fired Power Plants

Baltimore – Responding to legal and technical arguments from environmental groups and concerned citizens, Maryland Governor Larry Hogan’s Administration has imposed limits on toxic metals in water pollution from three of the state’s largest coal-fired power plants.

These pollutants – including arsenic, mercury and selenium — cause cancer and neurological damage, and are toxic to fish, at very low doses. The new limits at the Chalk Point power plant in Prince George’s County, Dickerson plant in Montgomery County, and Morgantown plant in Charles County could reduce toxic discharges by up to 97 percent in some cases.

“We are pleased to see that the Maryland Department of the Environment (MDE) is following the law and stepping up to protect the environment at a time when the EPA is actively trying to undermine environmental protection” said Abel Russ, attorney with the Environmental Integrity Project (EIP).

EIP learned about the MDE decision on the Morgantown plant in a letter the advocacy group received yesterday, and about the other two plants late last week, although though the new state permits became effective on July 27.

EIP and the Sierra Club, joined by the Chesapeake Climate Action Network, Chesapeake Physicians for Social Responsibility, Clean Water Action, and the Patuxent and Potomac Riverkeepers, argued in comments sent to MDE last October that EPA’s Clean Water Act regulations compel Maryland to meet new federal limits on toxic metals in wastewater from air pollution scrubbers by November 1, 2020. The groups also presented a technical analysis by a leading expert on coal plant pollution showing that the new limits could be met quickly and affordably.

In the final permits, MDE agreed with the public comments, and imposed the new limits with a 2020 deadline. “The final determination requires compliance with federal EPA effluent limitation guidelines for…wastewater by Nov. 1, 2020,” the MDE letter to EIP states.

The facilities must also cease discharging any water that been mixed with (and used to transport) a power plant waste product called “bottom ash” byNovember 1, 2020, and must report on their progress toward meeting both standards every six months.

“This is yet another step, among many left to go, in order to bring under some level of control and accountability for the egregious environmental impacts these plants have inflicted on their neighbors, and the surrounding air, water and land for years,” said Fred Tutman, the Patuxent Riverkeeper.

Dean Naujoks, the Potomac Riverkeeper, said: “We’re happy that MDE adopted many of the additional restrictions we pushed for. Strengthening these permits to eliminate toxic discharges of heavy metals is a positive step in the right direction but this certainly does not eliminate all the pollution threats these dirty coal fired power plants impose on Maryland communities and the Potomac River.”

Emily Ranson, Maryland Program Coordinator for Clean Water Action, said: “Marylanders are drinking from and fishing in waterways downstream of power plants, and these waterways should not be dumping grounds for power plants’ toxic waste.  Industry should be held accountable for its pollution. Marylanders should not subsidize polluting power plants by suffering the negative health impacts or paying higher water treatment costs to clean up their mess.”

The 2015 EPA standards were the first time that EPA had placed national limits on toxic metals in coal plant discharges, even though coal plants are the nation’s largest industrial source of toxic water pollution.

The decision by the Hogan Administration to limit this pollution cuts against the grain of the Trump Administration, which has been working to delay and roll back the new standards. In 2017 EPA announced a two-year extension of compliance deadlines while it works on a more permanent rollback.

The permits for the Chalk Point, Dickerson, and Morgantown plants were the subject of intense public interest in September and October of 2017 when MDE held a written comment period and public hearings on the subject.  Fifty state lawmakers wrote a letter to Governor Hogan urging action on the issue.

Anne Havemann, General Counsel, Chesapeake Climate Action Network, said: “There’s no debate that toxic metals in our state’s waterways are harmful. Some of the pollutants now discharged by the Morgantown, Dickerson, and Chalk Point can cause cancer risks in humans, lowered IQ among children, and deformities and reproductive harm in fish and wildlife. We applaud the Maryland Department of Environment for taking steps in the absence of federal leadership to protect Marylanders from this extremely harmful toxic pollution.”

The state also made an additional improvement to the Dickerson permit in response to comments from the environmental groups and downstream drinking water utilities that argued  the plant should have to monitor for the pollutant bromide.

Bromide is associated with cancer-causing byproducts in drinking water and is very difficult to treat. MDE required monthly monitoring for bromide and also prohibited the use of any bromine-containing additives at the plant.

The Environmental Integrity Project is a nonprofit, nonpartisan organization that empowers communities and protects public health and the environment by investigating polluters, holding them accountable under the law, and strengthening public policy.

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

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Fifty-four Virginia Organizations Call on Gov. Northam to Visit “Miracle Ridge,” Pristine Forest in Path of Atlantic Coast Pipeline, and Oppose Pipelines

Leaders from environmental advocacy, justice, and business organizations send letter to Northam one week ahead of key State Water Control Board hearings on the controversial pipelines

RICHMOND, VA – Today, 54 Virginia organizations and businesses sent a letter to Governor Ralph Northam asking him to visit the land and communities at risk from the Atlantic Coast Pipeline for fracked gas, and to oppose the highly controversial Atlantic Coast and Mountain Valley pipelines.
The letter, signed by 54 Virginia organizations — including the Virginia State Conference NAACP, Virginia Student Environmental Coalition, Chesapeake Climate Action Network, and many more — asks Northam to visit the property of Bill and Lynn Limpert at “Miracle Ridge” in Bath County. Their property, filled with hundreds of centuries-old trees, sits in the right-of-way of the Atlantic Coast Pipeline. The ridge would need to be leveled by the equivalent of a two-story building to build the pipeline. The signers asks Northam to see for himself what’s at stake in the construction of the Atlantic Coast and Mountain Valley Pipelines for fracked gas.

READ THE LETTER IN FULL HERE.

“Miracle Ridge has been designated by the Virginia Department of Conservation and Recreation as one of the finest oak-hickory forests they have ever seen in all of Virginia,” said Joan Maloof, Executive Director of the Old-Growth Forest Network. “It is imperative that Governor Northam and the Virginia State Water Control Board visit this land first-hand to fully appreciate the magnitude of devastation that the Atlantic Coast Pipeline would have on this old-growth forest.”
The Limperts have been hosting a summer-long “encampment” on their property in Bath County dedicated to stopping Dominion Energy’s proposed Atlantic Coast Pipeline. This pipeline is slated to go right through their property, destroying hundreds of old-growth trees — some as old as 300 years — and decapitating much of the 3000-foot-long ridge known as “Miracle Ridge.”
“Our property is a natural treasure, and we wish to preserve it for future generations,” said Bill Limpert, landowner at Miracle Ridge. “There are countless other properties in the cross hairs of the Atlantic Coast Pipeline that are treasures as well. We wish to draw Governor Northam’s attention to these lands which should be preserved under his own criteria for protection of high quality natural resources. We hope that the Governor can join us on our property and visit other properties as well that would be lost to the unneeded and destructive Atlantic Coast Pipeline.
The signers also ask Northam to direct the Virginia Department of Environmental Quality (DEQ) to require an individual review of the 1,000 water crossings  these pipelines will cross. The DEQ has the authority to do so under section 401 of the Clean Water Act, but it has instead relied on a “blanket” permit from the Army Corps of Engineers that approved crossings for all waterways.
“As a pediatrician, I know that every child needs clean water, clean air, and a safe and stable climate to be healthy and thrive,” said Samantha Adhoot, Chairperson of the Virginia Clinicians for Climate Action. “This pipeline threatens the health and safety of all children in Virginia, particularly those living in communities directly affected by large scale environmental destruction for pipeline infrastructure.  We should not be sacrificing the health of Virginia’s families, children and natural heritage for the sake of corporate profits.”
This letter comes amid setbacks for both the Atlantic Coast Pipeline and the Mountain Valley Pipeline. Last week, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit threw out two key permits for the Atlantic Coast Pipeline. The same court revoked a different permit from the U.S. Forest Service for the Mountain Valley Pipeline. The Federal Energy Regulatory Commission (FERC) has issued stop-work orders for both the Mountain Valley Pipeline and the Atlantic Coast Pipeline until their respective multiple permit issues are resolved.
Reverend Kevin Chandler, Branch President of the Virginia Conference NAACP, stated: “Currently, both Atlantic Coast and Mountain Valley Pipelines are steeped in regulatory challenges. Due to the adverse impacts of the Atlantic Coast Pipeline on African-American communities, particularly in Buckingham County and the Georgetown community in Chesapeake, all construction activities along the route of the pipeline should cease immediately.”
During his campaign for governor, Northam pledged to look at the scientific evidence and use a transparent process to ensure that Virginia’s environment would be fully protected from any pipelines. He also called for site-specific permitting for every water crossing of these pipelines, instead of blanket permits.
One week from today, the Virginia State Water Control Board (SWCB) will hold a hearing on the pipelines. This is the first SWCB meeting since the opening of a comment period re-examining the ability of the Nationwide Permit 12 to provide sufficient protections for Virginia waterways threatened and currently being impacted by the Mountain Valley and Atlantic Coast Pipelines.
“Governor Northam must see first-hand what is at stake for the people whose lives are being so profoundly harmed by work already been done for these pipelines and the threats that loom over them,” said David Sligh, Conservation Director, Wild Virginia. “He can’t possibly see the forests and waters in Little Valley and what Dominion wants to do there and think the science supports it or that Virginia citizens are being treated fairly. He has pledged to be guided by those principles.”
Kendyl Crawford, Director of Virginia Interfaith Power and Light, stated: “As communities of faith, it is our duty to be conscientious stewards of our planet and treat all of creation, including members of the human family, with respect and dignity. Miracle Ridge and the Limperts stand to be part of the sacrifice zone of the Atlantic Coast Pipeline. Within minutes of visiting their land one is immediately struck by the immense immorality of fossil fuel infrastructure that destroys so much in its wake.”
Jamshid Bakhtiari, Virginia Field Coordinator of the Chesapeake Climate Action Network, stated: “Together, the Atlantic Coast and Mountain Valley Pipelines threaten to chain Virginians to another generation of dangerous and unnecessary fracked-gas fossil fuel extraction. Additionally, the construction of these pipelines threatens numerous endangered species, ridgelines, waterways and vulnerable communities across the Commonwealth. Governor Northam and the Water Control Board need to bear witness to the unconscionable sacrifices Virginians are being asked to make for pipelines that aren’t needed.”
More than 13,000 people submitted public comments concerning this permit, with environmental advocates arguing that it was not intended for projects with the breadth and scale of the Atlantic Coast and Mountain Valley pipelines.

READ THE LETTER IN FULL HERE.

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CONTACT:
Denise Robbins, Communications Director, denise@chesapeakeclimate.org, 608-620-8819
Jamshid Bakhtiari, Virginia Field Coordinator, jamshid@chesapeakeclimate.org, 757-386-8107
 

Innovative gathering bring music, art, and education to community to call for climate action, urge Virginia leaders to join the Regional Greenhouse Gas Initiative

NEWPORT NEWS, VA – Today, environmental advocacy groups hosted a first-of-its-kind block party in King Lincoln Park aimed at spreading awareness about sea level rise and climate change. Residents from the Hampton Roads region joined for a fun party where art, music, and games were creatively used to tell the story of how climate change impacts the region.
“As the current EPA and Presidential administrations push back on historic accomplishments made by those who have done the work before us,” said BeKura W. Shabazz First Alliance Consulting Group & Field Organizer, Federal Climate Action State Lead, Virginia Conservation Network, “we continue to forage forward fighting to protect those environmental protections that we have come to realize encompass more than just nature, we must stay the course and strong by uniting through the commonalities that make us human.”
Hampton Roads is the second-most populated area in the United States vulnerable to sea level rise. Flooding is predicted to increase six more inches by the year 2030. This means six more inches of water on the roads when it rains, causing far more neighborhoods to enter the floodplain.
“The disparity between environmental justice and social justice diminishes with every event, like the Flood of Voices Block Party, that is held in the community,” said Kiquanda Baker, Hampton Roads Organizer, Chesapeake Climate Action Network. “It’s past time we make the connection that environmental injustices affect minority communities the most. Remember, when we fight for the environment, we fight for ourselves.”
“Flood of Voices” is a storytelling series created to amplify the voices of those directly affected by flooding and rising tides, especially those whose voices aren’t normally heard. Our most vulnerable communities are among the first to experience the effects from climate change, and too often, the last to know what they can do about it. Ranging from coal dust pollution to coastal flooding, these communities are left to deal with the impacts of climate change simply because they are not given the chance to take preventative action. Flood of Voices hopes to not only amplify the voices of the unheard but also to educate our communities on how to take action.
“The effects of environmental racism throughout the years has contributed to the decline in mental health, public safety, and economic opportunity in communities of color,” said said LaTonya Wallace, community activist and field manager for Virginia Civic Engagement Table. “Poor air, water, and land quality in these communities have led to many learning and comprehension disabilities leading to students doing poorly in school. It can also increase the occurrences of natural disasters such as nuisance flooding, heavily polluted air, and land subsidence which can deter businesses from wanting to start up in heavily polluted communities of color which leads to weak, unstable economies. It’s time to take action.”
Virginia now has the opportunity to make major moves on climate while accessing millions of dollars in funding for coastal adaptation to protect our communities. By joining the Regional Greenhouse Gas Initiative (RGGI), a multi-state cap-and-trade program, Virginia could unlock crucial funds for adaptation measures throughout Virginia while guaranteeing long-term reductions in carbon emissions in a way that is proven cost-effective. Read more about RGGI here.
“We need to work together with our leaders to make decisions that are beneficial for everyone,” said said Ann Creasy, Hampton Roads Outreach Coordinator, Chesapeake Bay Group Sierra Club. “Community members can promote and hold their elected officials accountable on environmental issues by joining programs such as the Regional Greenhouse Gas Initiative (RGGI). Encourage your local governments to make decisions that put us on the path to one hundred percent clean energy by 2050.”
The Flood of Voices Block Party aimed to spread awareness to the local community on the climate change issues that impact Hampton Roads and local neighborhoods. From fossil fuel pollution to sea level rise, attendees danced, sang, and otherwise artistically expressed their concerns on climate change impacts.
The event was coordinated by the Chesapeake Climate Action Network, Mothers Out Front Hampton Roads, Virginia Interfaith Power & Light, York River Group Sierra Club, First Alliance Consulting LLC, Virginia League of Conservation Voters, Chesapeake Bay Group Sierra Club, and the Virginia Conservation Network.
CONTACT:
Denise Robbins, Communications Director, denise@chesapeakeclimate.org; 608-620-8819
Quan Baker, Hampton Roads Coordinator, quan@chesapeakeclimate.org, 757-918-0588

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After an Invalid Permit Halted Construction on MVP, Coalition Seeks the Same on ACP

RICHMOND, VA — Today, the coalition of clean water advocates that forced a halt of stream crossing construction activities for the Mountain Valley Pipeline in West Virginia has formally requested the same for the Atlantic Coast Pipeline. The coalition took two actions today. First, it filed a petition for review with the Fourth Circuit. Second, it formally asked the United States Army Corps of Engineers to stay the stream construction permit during litigation. If the Corps refuses to stay the permit, the coalition will ask the Court to do so.
The Atlantic Coast Pipeline stream crossing permit suffers from the same defects as the Mountain Valley Pipeline permit that the Fourth Circuit stayed last week. Specifically, Atlantic Coast’s planned crossing of the Greenbrier River–the longest remaining free-flowing river in the East–will take longer to complete than allowed by law.
The coalition includes the West Virginia Rivers Coalition, the West Virginia Highlands Conservancy, Appalachian Voices, Chesapeake Climate Action Network, and the Sierra Club, and is represented by Appalachian Mountain Advocates.
In response, Sierra Club Beyond Dirty Fuels Campaign Director Kelly Martin released the following statement:
“We know we can’t trust the polluting corporations behind these fracked gas pipelines to build them without doing serious damage to our water and communities. Construction should be immediately halted on the Atlantic Coast Pipeline, just like it was on the Mountain Valley Pipeline.”
Cindy Rank of the West Virginia Highlands Conservancy said:
“The West Virginia Highlands Conservancy is concerned about the overall impacts of mucking about in streams whatever the activity – including by the gas industry. The value of the hundreds of miles of streams being crossed and disturbed by the ACP gas pipeline demand that more specific evaluation be given to each and every crossing than the general considerations provided by nationwide permits.”
Anne Havemann, General Counsel for the Chesapeake Climate Action Network, said:
“Dominion Energy, the main company behind the Atlantic Coast Pipeline, has cut corners and pushed regulators to approve its pipeline without proper reviews. With irreplaceable water resources at stake, we think it’s our patriotic duty this Fourth of July to ask the court to require a full review of the pipeline’s impacts.”
Peter Anderson, Virginia Program Manager for Appalachian Voices said:
“Add this to the pile of evidence that a general permit is inappropriate for a project the size and scope of the Atlantic Coast Pipeline. Impacted communities along the pipeline’s proposed path deserve an immediate halt to construction activities while the court determines the legality of the developers’ application. Considering the magnitude of impacts to water resources, citizens demand not only a project-specific permit, but construction plans that can actually comply with the permit’s conditions as well.”
Angie Rosser, Executive Director for West Virginia Rivers Coalition said:
“Once again, our watchdogging reveals short-cuts that undermine West Virginians’ interests in water protections, and that those short-cuts come back to haunt these mega-pipelines. We’re confident the court will agree that this flawed permit cannot stand and that construction must be put on hold.”

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Photo via Appalachians Against Pipelines

Group calls on Virginia leaders to formally join the Regional Greenhouse Gas Initiative to cut carbon and fund climate adaptation

Call comes after new research shows sea level rise poses salient near-term threat to Virginia communities

 
VIRGINIA BEACH, VA –  Faith leaders, legislators, and Virginia residents came together today to call on Virginia leaders to protect Hampton Roads from sea level rise by formally joining the Regional Greenhouse Gas Initiative (RGGI).
During what was called the “Environmental Justice and Stewardship Prayer Breakfast” at Lynnhaven Colony Congregational Church in Virginia Beach, leaders of congregations from across Hampton Roads discussed the connection between faith and environmental justice, as well as ways to take action to protect the coast. Participants aimed to address the local challenges of climate change through a moral, prophetic, and legislative lens.
“Mother Nature is warning the city of Virginia Beach with more frequent tidewater flooding and drowning rainfalls,” said William Jennings, Chairman of the Flood Committee at the Princess Anne Plaza Civic League. “What never before flooded now floods. We are calling on our leaders to protect ALL residents from flooding before it is too late.”
The prayer breakfast comes shortly after the recent news that sea level rise from Antarctic ice melt has tripled over the past five years. Antarctic ice melt is one of the biggest contributors to sea level rise, which is expected to get much worse in the coming decades.
Additionally, a new report  from the Union of Concerned Scientists found that 115,000 homes in Virginia will be at risk of chronic inundation from flooding by 2100. The same study found that if  nations adhere to the primary goal of the Paris Agreement—capping warming to below 2 degrees Celsius — 90 percent of this chronic inundation would be avoided.
Virginia Delegate Cheryl Turpin (D-85), who was not able to attend the prayer breakfast, stated in support: “The Bible says in Genesis 1:26, ‘Then God said, Let us make man in our image, in our likeness, and let them rule over the fish of the sea and the birds of the air, over the livestock, over all the earth, and over all the creatures that move along the ground.’ As an elected official, I feel a moral obligation to protect our environment. That’s why I sponsored legislation that would direct Virginia to collect revenue from the Regional Greenhouse Gas Initiative program (RGGI) and invest it in a just transition from fossil fuels. We must do everything we can to address the issue of flooding on our coastlines, as well as the pollution that is impacting our environment. We must act now to help protect our children’s and grandchildren’s future.” ​
“I used to live in South Norfolk, but I’ve had to move to escape the flooding,” said Stephanie Sterner, an activist and former Virginia Beach resident. “I missed work due to the constant rain. It was too dangerous to drive. The water would overfill the surrounding neighborhood sewers, which made my daughter sick. Several children in the neighborhood consistently missed school, putting them behind the rest of the city kids — some even had to repeat a grade. The economic and academic consequences of this constant flooding is seriously hurting communities. We need to do something about this now!”
The group argued that Virginia needs a massive, coordinated investment in new and resilient infrastructure, living shorelines, emergency planning, and strategic retreat from vulnerable areas to keep people safe and dry.
“Pope Francis has called on leaders to address climate change because he knows it is the moral thing to do, and I agree,” said Virginia State Senator Lynwood Lewis (D-6), who was also unable to attend the prayer breakfast. “We must do what is in our power to address climate change and its effects, including finding ways to combat sea level rise. Formally joining the Regional Greenhouse Gas Initiative would allow us to cap carbon while providing immense, sorely needed funding to protect our residents on the coast.” Senator Lewis represents the entirety of the Eastern Shore of Virginia and Mathews County as well as parts of Norfolk and Virginia Beach.
By formally joining the Regional Greenhouse Gas Initiative (RGGI), Virginia regulators would unlock crucial funds for adaptation measures throughout Virginia while guaranteeing long-term reductions in carbon emissions in a way that is proven cost-effective. Revenues generated from the sale of carbon allowances could help fund coastal resilience efforts, support economic development in Southwest Virginia, and expand clean energy and efficiency investments statewide.
RGGI is a cooperative effort, currently comprised of nine East Coast states from Maine to Maryland, that caps and reduces carbon emissions from power plants. Under RGGI, power plants in participating states purchase allowances for every ton of carbon pollution that they emit. RGGI states agree amongst themselves how many pollution allowances to offer for sale each year, thus setting a cap on emissions, and they gradually lower the cap each year. It’s a flexible, market-based system. Participating states set the carbon cap and then power plants decide how to stay below it. Revenue from the auction of pollution allowances goes back to the states to fund carbon reduction programs and other initiatives decided by each state. Virginia’s participation in RGGI is projected to raise roughly $200 million per year through 2030 in auction allowances.
The event was coordinated by the Chesapeake Climate Action Network, Virginia Interfaith Power & Light, the Interspiritual Empowerment Project, and Virginia Organizing. Visit CCAN for more details on the Regional Greenhouse Gas Initiative.
CONTACT:
Denise Robbins, Communications Director, Chesapeake Climate Action Network; denise@chesapeakeclimate.org; (608)-620-8819
Harrison Wallace, Virginia Director, Chesapeake Climate Action Network; Harrison@chesapeakeclimate.org; (804) 305-1472

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Environmental Advocates Take Step Toward Stopping Construction Activities Tied to Nationwide Permit 12

 
RICHMOND, VA — Today, a coalition of environmental advocates filed a petition for judicial review that could again halt construction of the fracked gas Mountain Valley Pipeline (MVP). Less than a week after their legal efforts led to the cessation of MVP’s construction activities in 591 streams and wetlands in West Virginia, the coalition is trying to do the same in Virginia.
Today’s petition is filed with the U.S. Court of Appeals for the Fourth Circuit and targets the U.S. Army Corps of Engineers (Corps) in the Norfolk District because last week’s ruling was in response to legal filings in the Huntington, WV district and could be limited to the section of the pipeline in that district.
Under section 404 of the Clean Water Act, the Corps is charged with issuing a permit for a pipeline’s stream crossings that allows the project’s builders to trench through the bottom of those streams and fill the crossings with dirt during construction. The permit issued to the MVP by the Corps is commonly known as a “nationwide permit 12,” which takes a one-size-fits-all approach.
The MVP is proposed to be 300 miles long and would cross streams, rivers and other waters in West Virginia and Virginia more than 1,000 times. Because MVP’s own documents shows it cannot meet the conditions required under the nationwide 404 permit in West Virginia, the streamlined permit issued by the Corps is unlawful. Under the Corps’ regulations, if even a single stream crossing is ineligible for nationwide permit 12, then a pipeline cannot use that permit for any of its other crossings.
The coalition of advocates behind today’s filing includes New River Conservancy, Appalachian Voices, Chesapeake Climate Action Network, and the Sierra Club and is represented by Appalachian Mountain Advocates.
In response, Sierra Club Beyond Dirty Fuels Campaign Director Kelly Martin released the following statement:
“The Nationwide Permit 12 cannot be used as a one-size-fits-all approach for dirty and dangerous pipelines that threaten our communities and clean water. The fracked gas Mountain Valley Pipeline has already caused serious problems in Virginia and construction must be halted immediately as the case to protect our water and communities proceeds.”
Anne Havemann, Senior Counsel at the Chesapeake Climate Action Network stated:
“A one-size-fits-all permit is completely wrong for the Mountain Valley Pipeline, no matter if that’s in West Virginia or in Virginia. Regulators need to take a real look at the impacts from this unneeded and devastating pipeline — a blanket approach is simply unacceptable.”
Peter Anderson, Virginia Program Manager for Appalachian Voices stated:
“Directly impacted communities in Virginia deserve the same protection from this destructive project as those in West Virginia. The Mountain Valley Pipeline cannot cross waters without damaging water quality. Not only is the blanket Nationwide Permit 12 inappropriate for projects of this size, but project de
“Putting the breaks on in-stream construction activity for the Mountain Valley Pipeline while the court performs its full review not only makes sense, it is also the only just outcome for communities directly impacted by this destructive project. MVP’s inability to cross rivers in compliance with the conditions of the permit is the most obvious – but certainly not the only – reason why blanket permits should not be used for projects of this size. An individual permit considering the full impact of constructing a 42-inch diameter pipeline through steep terrain and sensitive water bodies should be required.”

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About the Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization, with more than 3 million members and supporters. In addition to helping people from all backgrounds explore nature and our outdoor heritage, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.
Contact: Doug Jackson, 202.495.3045 or doug.jackson@sierraclub.org