Pipeline Opponents Announce Boycott of Hogan Administration’s Flawed Review Process for the “Potomac Pipeline” Carrying Fracked Gas

Hogan Administration appears ready to hand over to Trump officials the environmental review process for TransCanada’s dangerous pipeline through Maryland.

In first action of its kind under Governor Hogan, key environmental groups — including Sierra Club, Food & Water Watch, Chesapeake Climate Action Network, Potomac Riverkeeper and others — to boycott flawed regulatory process

ANNAPOLIS, MD- Today, a coalition of environmental organizations released a letter announcing they will boycott Governor Hogan’s review process for the proposed “Potomac Pipeline” for fracked gas.

The letter explained how the Hogan Administration is “failing to take adequate protective measures” regarding the controversial Potomac Pipeline, officially known as the Eastern Panhandle Expansion Project, a project of TransCanada. The pipeline would transport fracked gas from Pennsylvania to West Virginia through Maryland underneath the Potomac River. Watch the Facebook Live stream here.

The Administration has to-date failed to announce that it will do its own careful review of the pipeline as it passes through the state and under the C&O Canal and the Potomac River. The pipeline could potentially affect the drinking water for 6 million people in the region. Unless the Hogan Administration immediately launches its own “401 Certification” process that looks cumulatively at the impacts to Maryland’s water from this pipeline, the Governor will be handing over key regulatory powers to the Trump Administration.

“Hogan would rather trust the Trump administration than listen to his own constituents,” said Mike Tidwell, Chesapeake Climate Action Network. “We have asked the Governor for months to hold a transparent process with full citizen input on all major water quality issues, and he simply refuses. We have been left no choice but to boycott his dangerous and inadequate regulatory process, and ask all Marylanders to join us in demanding the Governor protect our drinking water.”

Delegate Jheanelle Wilkins (D-20) stated: “Maryland legislators stood up against fracking last year by passing a permanent ban. Now, TransCanada wants to push fracking through the backdoor with this fracked-gas pipeline. We’re going to stand up again and protect our communities against this reckless and unnecessary project.”

Senator Richard Madaleno (D-18) stated: “We can’t allow Trump officials to take over protecting our state from the dangers of fracked-gas pipelines — it would be like asking the fox to protect the henhouse. It’s time to listen to the people who are most directly impacted, who don’t want this pipeline running through their backyards and poisoning their water. We need to put our family, friends and neighbors first and reject the Potomac Pipeline, and instead focus on creating 21st century clean energy jobs.”

For months, environmental groups have been asking Hogan’s Maryland Department of the Environment to conduct an individual water certification process — a power granted to states under section 401 of the Clean Water Act. An individual 401 process is the state’s opportunity to look at the pipeline in a holistic way and consider impacts such as erosion and sediment from tree clearing, impacts to drinking water resources, and impacts to karst geology that could harm the environment and health of communities across the region.  This process would allow for a formal public comment period and more detailed hearings on this matter. Despite multiple requests from the public, elected officials, and numerous impacted towns and counties, the Hogan Administration continues to rely on Trump-appointed regulators at the Federal Energy Regulatory Commission and the Army Corps of Engineers to review potential impacts from the fracked-gas pipeline project.

In recent weeks, the Montgomery County Council, Boonsboro Town Council and D.C. Council have sent letters asking Governor Hogan to reject the pipeline, while the Washington County Board of Commissioners sent a letter expressing concerns about the pipeline and asking him to “protect drinking water” and postpone approval for the pipeline until its dangers are addressed.

“For the past nine months, MDE has given the public incomplete and inconsistent information on how the Potomac Pipeline would be regulated,” said Katlyn Clark, Legal Fellow at Waterkeepers Chesapeake. “We have explained, through every means possible, our concerns and recommended actions, and we have been ignored. It’s past time for MDE and Governor Hogan to acknowledge the serious and potentially-devastating impacts of the Potomac Pipeline and use its authority to stop the pipeline, thereby protecting the drinking water of millions.”

“The state of Maryland rose up in unity to stop fracking this spring,” Brooke Harper, Environmental Justice Chair of the NAACP Maryland State Conference and Maryland Policy Director of the Chesapeake Climate Action Network, stated. “But now TransCanada wants to threaten our communities with fracked-gas infrastructure. Governor Hogan cannot allow this to happen. We will rise up again and again until this pipeline has been stopped.”

“By not doing a full environmental impact statement, Governor Hogan is breaking his promise to keep Marylanders safe from the threat of fracking,” said Rianna Eckel, Maryland Organizer, Food & Water Watch. “He’s positioning himself to approve TransCanada’s fracked-gas pipeline and thus endangering a critical water supply and millions of Marylanders. We won’t let him endanger our state without a fight.”

“MDE and this administration have failed to assess all the risks to the Potomac River and our drinking water by not including the Mountaineer Gas portion of this pipeline project in their review,” said Brent Walls, Upper Potomac Riverkeeper.

“MDE is trying to pass on their responsibility of completing a 401 water certification to the Army Corp of Engineers, thus NOT doing its job,” said Laura Steepleton, Organizer at Eastern Panhandle Protectors. “The department has ignored the factual risks of running pipelines through karst geology, and has remained silent when many organizations and thousands of residents requested that FERC do a full Environmental Impact Statement for the Potomac Pipeline. Marylanders and West Virginians are standing together to demand that MDE do its job!”

“As it stands, without a full and proper review and analysis of the environmental impact of this pipeline, MDE is failing to uphold its responsibility to all Marylanders,” said David Smedick, Policy Director for the Maryland Chapter of the Sierra Club. “We all depend on MDE to protect our water, air, and health, now and for future generations. Enabling new fossil fuel infrastructure places all Marylanders at risk and blatantly contradicts our goals to be a leader on climate action.”

The letter was signed by Chesapeake Climate Action Network; Potomac Riverkeeper Network; Food & Water Watch; Maryland Sierra Club; Waterkeepers Chesapeake; Frack Free Frostburg; Eastern Panhandle Protectors; Maryland Environmental Health Network; Women’s Action Coalition of Greater Allegany County; Rachel Carson Council; Lower Susquehanna Riverkeeper Association; Savage River Watershed Association; and Montgomery Countryside Alliance.

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Enviros Sue to Stop Fracked Gas Pipeline

Coalition challenges FERC approval of Mountain Valley Pipeline

WASHINGTON, DC — Late yesterday, a coalition of environmental groups took legal action in the U.S. Court of Appeals for the D.C. Circuit to halt start of construction of the fracked-gas Mountain Valley Pipeline, challenging the “certificate of public convenience and necessity” issued by the Federal Energy Regulatory Commission. Attorneys for Appalachian Mountain Advocates filed the litigation on behalf of the Sierra Club, Appalachian Voices, the Chesapeake Climate Action Network, West Virginia Rivers Coalition, and Wild Virginia.

The groups also filed a motion to stay the start of construction given the tremendous harmful impacts posed by the 300-mile, 42-inch diameter pipeline.

Lawsuit filing
Motion to stay

FERC approved the pipeline in October in a 2-1 decision, despite the significant risks the Mountain Valley Pipeline poses to streams, rivers and drinking water sources and to treasured Appalachian landscapes, and despite evidence that existing pipeline capacity is sufficient. If built, the pipeline would cut through a 3.5-mile stretch of the Jefferson National Forest in Virginia and West Virginia, cross the Appalachian Trail at a previously undisturbed site, and cross waterways more than 1,000 times in the two states, posing a high risk of widespread water contamination. It would also significantly increase emissions that contribute to climate change, displacing public and private investments in energy efficiency, solar and other non-carbon based alternatives that cause far less environmental harm.

In response, Sierra Club Virginia Chapter Director Kate Addleson released the following statement:

“We are bringing this suit to stop the fracked gas Mountain Valley Pipeline because it threatens land, streams and rivers that are an important part of Virginia’s culture and economy. This pipeline would cause irreversible harm to our air, water, and communities, so we are evaluating every avenue we have to ensure it never gets built.”

David Sligh, Conservation Director for Wild Virginia, stated:

“The Federal Energy Regulatory Commission failed in its legal duty to assess the true costs of this project to the communities that would be harmed and the natural treasures that would be degraded or destroyed. A true accounting could not have led to the conclusion that this ill-conceived proposal is in the public interest. Citizens are forced to seek protection from the courts that we should have been afforded by FERC.”

West Virginia Rivers Coalition Executive Director Angie Rosser:

“FERC failed to follow the law; in so doing, it is recklessly sacrificing our streams, public lands and private property rights. Their refusal to fully evaluate the purpose and need of this project robs the public of benefiting from less harmful alternatives. FERC’s shoddy approval of MVP makes a mockery of their responsibility to the public interest.”

Peter Anderson, Virginia Program Manager for Appalachian Voices, stated:

“Dissenting FERC Commissioner Cheryl LaFleur concluded that this project is not in the public interest — and with good reason. Construction of the Mountain Valley Pipeline would devastate communities in West Virginia and Virginia, threatening their water and permanently damaging pristine mountain landscapes to transport natural gas that is not needed. We must hold FERC accountable for failing to evaluate the need for this project in a rational manner, and for dismissing the legitimate environmental concerns outlined by its staff and the public.”

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

“From coastal flooding to monster hurricanes to ravaging wildfires, climate change is impacting the critical systems that support life on our planet–right now. The Mountain Valley Pipeline for fracked-gas would dramatically increase greenhouse gas emissions, while also trampling property rights, harming water quality, and permanently scarring pristine mountains. We are going to court to ask it to do what FERC failed to do — protect the public interest and halt construction of the Mountain Valley Pipeline.”

Contact:

Doug Jackson, Sierra Club, 202-495-3045 or doug.jackson@sierraclub.org
Ben Luckett, Appalachian Mountain Advocates, 304.645.0125, bluckett@appalmad.org
Peter Anderson, Appalachian Voices, 434-293-6373, peter@appvoices.org
Anne Havemann, Chesapeake Climate Action Network, 240-396-1984, anne@chesapeakeclimate.org
David Sligh, Wild Virginia 434-964-7455, david@wildvirginia.org
Angie Rosser, West Virginia Rivers Coalition, 304-437-1274, arosser@wvrivers.org

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Trump's Reckless Move on Offshore Drilling

Trump Risks Virginia’s $8.3 Billion Ocean Economy in Reckless Offshore Drilling Move

Harrison Wallace, Virginia Policy Coordinator at the Chesapeake Climate Action Network, stated:

President Trump’s Bureau of Ocean Energy Management turned its back on coastal communities today when it offered up almost every bit of U.S. coastline for offshore drilling exploration. Since 2015, thousands of coastal citizens and over 140 coastal communities came out strongly against this dangerous drilling practice, yet President Trump’s administration has still decided to take on this reckless draft plan.

Instead of risking the future of an ocean economy that contributes more than $8.3 billion to Virginia’s economy, we should be investing in more wind energy that would double the amount of jobs that offshore drilling could produce. The Trump administration’s decision could also interfere with Navy and NASA operations that take place off of Virginia’s coast, threatening our defense preparedness.

As the effects of climate change ravage Virginia’s coast through stronger storms and increased recurrent flooding, the last thing we should do is attempt to extract even more fossil fuels. Secretary Zinke and the Trump Administration need to listen to the people and protect our climate, our coastline, and our communities.

CONTACT:
Harrison Wallace, Virginia Policy Coordinator, harrison@chesapeakeclimate.org, 804-305-1472
Denise Robbins, Communications Director, denise@chesapeakeclimate.org, 608-620-8819

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200 Landowners and Advocates Join to Oppose Potomac Pipeline as Hogan Administration Weighs Approval

Opposition Against TransCanada’s Potomac Pipeline for Fracked Gas is Swelling Across Region

 
HANCOCK, MD- Over 200 concerned citizens from Maryland, D.C. and West Virginia joined in opposition to the Potomac Pipeline on Tuesday evening in Hancock, Maryland during the Maryland Department of Environment’s public hearing on the controversial pipeline. The evening included a rally outside Hancock High, where the hearing was held, and silent protests during the hearing, with activists standing holding signs while pipeline proponents spoke.
The pipeline, proposed by TransCanada, would ship fracked gas from Maryland to a Mountaineer Gas pipeline in West Virginia, passing through the town of Hancock and underneath the Potomac River. The group of activists drew attention to the dangers of the proposed pipeline and called on Maryland Governor Hogan to direct his administration to protect clean water and deny the water permit necessary for its construction.
“The state of Maryland rose up in unity to stop fracking this spring,” Brooke Harper, Environmental Justice Chair of the NAACP Maryland State Conference and Maryland Policy Director of the Chesapeake Climate Action Network, stated. “But now TransCanada wants to threaten our communities with fracked-gas infrastructure. Governor Hogan cannot allow this to happen. We will rise up again and again until this pipeline has been stopped.”
The rally and public hearing took place amid swelling opposition to the pipeline from across the region.  In recent weeks, the Boonsboro Town Council and the D.C. Council sent letters asking Governor Hogan to reject the pipeline, while the Washington County Board of Commissioners sent a letter expressing concerns about the pipeline and asking him to “protect drinking water” and postpone approval for the pipeline until its dangers are addressed.
“The major concern is the Potomac River,” said Dan Divito, Washington County Deputy Director of Water Quality, addressing his concerns to the Herald-Mail. “The Potomac River is the source of water for our Sharpsburg water treatment plant that supplies all the water to all the citizens of Sharpsburg. The Potomac River is also the source of water for the city of Hagerstown, which not only provides water to the citizens of Hagerstown within the city limits, but also Funkstown Smithsburg, and Williamsport. So there’s a significant number of people who rely on the water that comes from the Potomac River.”
The rally also included landowners like Patricia Kesecker, a seventh generation farmer in West Virginia who was sued by Mountaineer Gas for the right to seize portions of her property to build the pipeline. Kesecker is going to court on Friday, December 22 to request a jury trial to repeal the decision. “It’s a sad day for our family when we have to go to court because Mountaineer Gas wants to seize the land that has been in our family for generations,” Patricia Kesecker stated. “It’s even sadder because it is happening right before Christmas. They won’t allow us our peace on Earth, not even at the holidays.”
The pipeline is being proposed by TransCanada, infamous for backing the Keystone XL pipeline. Less than a month before the hearing, TransCanada’s Keystone pipeline spilled 210,000 barrels of oil in South Dakota. TransCanada’s track record also includes gas pipeline explosions in Manitoba and Wyoming.
“We are well too aware of the risks at stake from this pipeline,” Sammi Brown, Director for Progressive Change Campaign Committee at the West Virginia Working Families Party. “We have seen spill after spill from TransCanada and other companies. We know what will happen if we let them build this — and we won’t let it happen. I will work tirelessly to protect my community in West Virginia. ”
“The risks posed by this pipeline are far greater than the MDE has yet taken into consideration,” stated Brent Walls, Upper Potomac Riverkeeper. “It’s about more than the TransCanada portion of the pipeline. There is a significant threat from the Mountaineer Gas pipeline, which will cross numerous streams that feed into the Potomac River and drinking water sources for the public. But without this information, MDE should have no choice but to deny his permit and the 401 certification.”
From paddling against the pipeline, to a months-long encampment in the spirit of Standing Rock, the coalition fighting the Potomac Pipeline has built a massive movement and drawn national attention to the harms that this project could cause.
Paula Jean Swearengin, West Virginia resident and previous board member of the Keepers of the Mountain Foundation, stated: “As a West Virginia resident and social justice organizer, I’ve seen firsthand how pipelines like this cause downward spirals in our communities. Often times the jobs are outsourced, and the people’s land, water, communities and local economy suffer greatly. West Virginia’s valuable drinking water supply has already taken a hit from fossil fuels, whether it be coal, fracking or pipelines. West Virginia doesn’t need another hit and we hate to see Maryland go down the same path.”
Organizations participating in the action include the Chesapeake Climate Action Network, Eastern Panhandle Protectors, Sierra Club, Potomac Riverkeeper Network, Waterkeepers Chesapeake, and Food and Water Watch and DC 350.
CONTACT:
Brooke Harper; Chesapeake Climate Action Network; brooke@chesapeakeclimate.org; 301-992-6875;
Brent Walls; Upper Potomac Riverkeeper; Brent@upperpotomacriverkeeper.org; 443-480-8970;
Denise Robbins; Chesapeake Climate Action Network; denise@chesapeakeclimate.org; 608-620-8819

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Environmental Groups Challenge Virginia’s Unlawful Approval of Fracked Gas Pipeline

Groups File Lawsuit Demanding a Serious Water Quality Analysis is Done

 

RICHMOND, VA — Today, a coalition of environmental groups filed a petition for review with the United States Court of Appeals for the Fourth Circuit to overturn Virginia’s unlawful approval of the fracked gas Mountain Valley Pipeline (MVP). Attorneys with Appalachian Mountain Advocates filed the litigation on behalf of the Sierra Club, Appalachian Voices, the Chesapeake Climate Action Network, and Wild Virginia.

Today’s action comes just a day after the Virginia State Water Control Board issued a certificate under the Clean Water Act that MVP needed to obtain to begin construction. The Board announced its decision on Thursday, at the conclusion of two days of contentious hearings. The Board takes up the same consideration for the Atlantic Coast Pipeline next week.

>> Today’s filing can be downloaded here.

The Board followed the Virginia Department of Environmental Quality’s (DEQ) recommendation to approve the project without requiring any assessment of how much pollution the pipeline would add to Virginia’s waters. The DEQ recognized that pipeline construction could cause significant harmful sedimentation in the steep, landslide-prone terrain crossed by the MVP, as have many other agencies and experts. Despite that, the Board concluded that erosion control plans–which the Board has not seen because they have yet to be developed–would protect water quality. Similar plans, however, have failed to prevent significant sediment pollution on pipeline construction projects in other states through much less challenging terrain.

Although construction of interstate gas infrastructure is regulated by the Federal Energy Regulatory Commission (FERC), individual states have the authority to protect their water from the impacts of fracked gas pipelines.

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

“The Mountain Valley Pipeline will cause severe sediment pollution in streams, springs, and waterways across Virginia, and not a single foot of pipe should be laid before the Commonwealth conducts a comprehensive analysis of the MVP’s water quality impacts. People, businesses and communities throughout Virginia depend on access to clean water and the Commonwealth should be looking out for them, not corporate polluters.”

Peter Anderson, Virginia Program Manager for Appalachian Voices said:

“We are extremely disappointed the Board voted to approve the pipeline without the information required to support its decision. Throughout the entire process, the DEQ sought to limit public participation, the information it shared with the Board, and the scope of the Board’s authority. The inevitable damage to water resources across our mountains is unacceptable, so we are taking our fight to the courts. We will stand up for the people whose water, homes, and livelihoods are threatened by the Mountain Valley Pipeline.”

Mike Tidwell, Executive Director of the Chesapeake Climate Action Network, said:

“The Chesapeake Climate Action Network strongly condemns this decision, and the McAuliffe Administration’s support for the Mountain Valley Pipeline. Virginians rightfully expected that a project this massive, which would cross hundreds of streams and tear through steep, mountainous terrain, would be subject to rigorous environmental review. Instead, the McAuliffe Administration pushed the Board to approve the pipeline with a promise of future analysis but without providing critical information. This rushed decision, if allowed to stand, will harm farmers, consumers, drinking water, and the climate and constitutes a colossal misallocation of resources.”

David Sligh, Conservation Director of Wild Virginia said:

“The Virginia State Water Control Board had a clear duty, to look at all potential impacts to state waters from the Mountain Valley Pipeline and make sure our water quality standards are upheld. Instead, the Board went along with the DEQ’s approach of arbitrarily segmenting its review and shirking its legal duties. This approach was clearly constructed by DEQ to avoid the conclusion that would come from a scientifically valid assessment – that this project cannot be built as proposed in a way that protects our waters and our communities.”

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Contact: 

Doug Jackson, 202.495.3045 or doug.jackson@sierraclub.org

Ben Luckett, 859.552.6979, bluckett@appalmad.org

Derek Teaney, 304.793.9007, dteaney@appalmad.org

Peter Anderson, 434-293-6373, peter@appvoices.org

Mike Tidwell, 240-460-5838, mtidwell@chesapeakeclimate.org

CCAN Condemns Approval for Mountain Valley Pipeline

Governor Terry McAuliffe’s Support for the MVP Pipeline Helps Doom Landowners While Dramatically Increasing Greenhouse Gas Emissions and Cementing the Governor’s Negative Legacy on the Environment

Statement from Mike Tidwell, Director, Chesapeake Climate Action Network:

“Terry McAuliffe has harmed farmers, consumers, drinking water, and the climate by pushing the Virginia Water Control Board to give final approval today of the Mountain Valley Pipeline. The 301-mile pipeline for fracked gas constitutes a colossal misallocation of resources and will permanently harm the Governor’s economic and environmental legacies.

“Even as the on-the-ground evidence shows guaranteed harm to Virginia’s watersheds, and even as scientists sound the loudest possible warning bells on climate change, the Water Control Board gave the Governor what he asked for: a final build recommendation. This decision paves the way for the literal obliteration of mountain ridgetops, the clear-cutting of forests, and for massive trenching and tunneling across valleys for a pipeline that is not even needed and that serves only to enrich energy companies while hurting ratepayers.

Governor McAuliffe made construction of the MVP pipeline a top priority of his term and his administration testified vigorously in support of the pipeline during the Water Board’s final two-day hearing this week.

Our hope is that the Water Board, next week, will ignore the Governor’s similarly misguided support of a second gas pipeline – the Atlantic Coast Pipeline favored by controversial political donor Dominion Energy – when the Board votes on that pipeline next Tuesday.”

 
Background:
Thousands of Virginians have mobilized over the past three years to stand against the Mountain Valley and Atlantic Coast pipelines. See fact sheet here. Over 17,000 community members submitted comments to the Federal Energy Regulatory Commission against the MVP during the public comment period. Activists have garnered opposition from all walks of life, from faith leaders to military veterans and more. The mobilization against the pipelines has also included civil disobedience, with 23 Virginians getting arrested outside the Governor’s mansion in 2016 and 19 arrested for barring the entrance to the Department of Environmental Quality office in Richmond this September.
The Water Control Board voted 5-2 to approve the pipeline with an amendment that attempts to preserve its right to examine stream crossings at a later date. This is an unprecedented permitting process and it’s unclear whether or not the Board’s attempt to protect water quality will be effective. 
 
CONTACT:
Mike Tidwell, Executive Director, Chesapeake Climate Action Network, 240-460-5838, mtidwell@chesapeakeclimate.org
Anne Havemann, General Counsel, Chesapeake Climate Action Network, 240-396-1984

700 Anti-Pipeline Virginians Surround Capitol at Rally & Concert

 

Virginia Legislators, Landowners, Tribal Leaders and Environmental Advocates Surround Capitol Building, Urge Officials to Reject Fracked-Gas Pipelines

 

Hundreds of Virginians converged in Richmond for historic “Water is Life Rally and Concert” and a first-of-its-kind human circle around Capitol Grounds

Richmond, Va. — Upwards of 700 Virginians from all across the state joined with elected officials, a statewide coalition of environmental advocates, and indigenous tribal leaders today in Richmond for a historic demonstration against the proposed Atlantic Coast and Mountain Valley pipelines. Holding hands and ribbons of blue, the participants encircled the Capitol Grounds and called on state leaders — including Governor Terry McAuliffe and Governor-elect Ralph Northam — to protect Virginia’s water and reject the fracked-gas pipelines.
The “Water is Life Rally & Concert” comes four days before the State Water Control Board begins a series of public meetings on the Mountain Valley (Dec. 6 and 7) and Atlantic Coast (Dec. 11 and 12) pipelines, at which the board is expected to decide whether to approve water quality certifications for the projects.  The idea for the event sprang from the local groups along both pipeline routes as a way to unify their voices and send a single, strong message to state regulators that Virginians stand in solidarity to oppose the dangerous and unnecessary fracked-gas pipelines.  
Facebook album of photos and video by CCAN available for download here. 
Photos and a short video of event from Appalachian Voices available for download here.
Several speakers rallied the crowd, including Del. Sam Rasoul of Roanoke, one of several candidates who refused money from Dominion Energy — lead developer of the Atlantic Coast Pipeline — and other fossil fuel companies during the election. “I have the responsibility to speak up on behalf of my constituents and speak out against the Atlantic Coast and Mountain Valley pipelines,” Rasoul said. “I want to ensure that our communities’ drinking water remains safe, and our water sources are not jeopardized. Virginians know these pipelines would bring more harm than good. I urge Governor McAuliffe and the Water Control Board to reject the Atlantic Coast and Mountain Valley pipelines.”
After the rally,, the crowd followed an enormous Water Spirit Puppet created by All the Saints Theater Company to The National theater for a free concert. Delegate-elect Jennifer Carroll Foy of Woodbridge was the keynote speaker.
“More than ever, we need to protect our water and environment,” Foy said. “At Possum Point, only a few miles from my home, an old coal plant continues to leak toxic metals into our water supply because the coal ash has not been stored properly. We owe it to all of the families living in this area, including my husband and my infant twin boys, to fight for clean, safe drinking water.”
“I continue to have grave concerns about the clean water certificate approval process by Virginia’s Department of Environmental Quality for both the pipeline projects,” said Delegate-elect Chris Hurst, of Giles County. Both Hurst and Foy also refused Dominion money during the elections. “The proposed Mountain Valley Pipeline could irreparably harm the drinking water of thousands of people in the Roanoke and New River Valleys. I will continue to speak out for my constituents and neighbors to advocate that more research and evaluation is done before DEQ allows this experimental project to continue.”
The concert featured a presentation by the First Nations Voice, including representatives of the Nottaway and Pamunkey tribes, a coalition of many Virginia tribes speaking out to defend their sacred ground and water, and performances by Lobo Marino, No BS! Brass Band and The Wild Common. The concert also featured a participatory water protection ritual in which children and landowners gathered water offerings from every corner of the state and made pledges on the way to go forward.
Other speakers at the event included:
Mary Beth Coffey, landowner in Bent Mountain: “The fracking companies behind Mountain Valley Pipeline said they have an ‘interest’ in my land. I know what this means: they’re condemning my property.  I’m saying no. Our water in Bent Mountain is irreplaceable. This is our Mother’s land. We intend to protect it for our Mother Earth.”
Brennan Gilmore of The Wild Common, a new band formed to welcome President Obama to Virginia in October: “We are here today to stand up against two unnecessary and dangerous pipelines that represent corporate interests but threaten the Virginia whose hills and valleys and rivers  gave birth to the musical traditions that we represent.”
David Sligh, former Senior Engineer at the Virginia Department of Environmental Quality and current Conservation Director at Wild Virginia: “The pipelines cannot be built as proposed  in ways that will comply with the Clean Water Act – period. That judgement is based on many years of experience by experts in a variety of technical and scientific disciplines. Where the McAuliffe administration has failed in its duty, we now must trust that the seven members of the State Water Control Board, citizens who have a solemn duty to obey the law and defend all citizens’ rights, will heed the clear scientific evidence and legal guidelines and reject these harmful projects.”
Pastor Paul Wilson, minister of Union Hill Baptist Church: “These pipelines are an atrocity of justice. The fracking companies want to poison the communities least equipped to speak up and fight for themselves. I refuse to allow them to treat my neighbors like sacrificial lambs.”

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CONTACT:
Cat McCue, Appalachian Voices, cat@appvoices.org, 434-953-8672
Zach Jarjoura, Sierra Club Virginia Chapter, zachary.jarjoura@sierraclub.org, 662-292-5682
Denise Robbins, Chesapeake Climate Action Network, denise@chesapeakeclimate.org, 608-620-8819
Stacy Miller, Chesapeake Climate Action Network, stacy@chesapeakeclimate.org, 518-852-0836
Mara Robbins, Blue Ridge Environmental Defense League, mara.robbins@gmail.com, 540-808-8357
 
The “Water is Life Rally and Concert” was put together by a broad coalition of organizations, including:
All the Saints Theater; Appalachian Voices; ARTivism Virginia; Augusta County Alliance; Blue Ridge Environmental Defense League; Bold Alliance; Bold Appalachia; Chesapeake Climate Action Network; Charlottesville Rising; Climate Action Alliance of the Valley; Concern for the New Generation; Divest RVA; Earth Allies Chapter of BREDL; Earth Folk Collective; Free Nelson; Friends of Augusta; Friends of Buckingham; Friends of Nelson; Guard N Flags; Healing Water RVA; Interfaith Power and Light; Journey the James; Mountain Lakes Preservation Alliance; Oil Change International; Poets Against Pipelines; Preserve Floyd ; Preserve Giles; Preserve Rockbridge; Protect Our Water; RAPTORS (Rockingham Alliance for the Preservation & Transformation of Our Resources & Society); Richmond Food Not Bombs; RVA Interfaith Climate Justice League; Sediment Arts; Sierra Club Virginia Chapter; Virginia River Healers; Virginians Against Pipelines; Walking the Line: Into the Heart of Virginia; Wild Virginia
 
 
 

Dereliction of Duty: WVDEP Abandons Water Quality Review of Fracked Gas Pipeline

State Surrenders to Fossil Fuel Industry Instead of Protecting Health of West Virginians

CHARLESTON, WV — Today, the West Virginia Department of Environmental Protection (DEP) waived its opportunity to review the water quality impacts of the fracked gas Mountain Valley Pipeline. Under section 401 of the Clean Water Act, states must certify that proposed pipelines will not violate state water quality standards before construction can begin. DEP has the responsibility to determine whether or not to issue that certification for West Virginia, but announced today they are abdicating that responsibility.

DEP previously certified the MVP, but in response to a lawsuit brought by Appalachian Mountain Advocates on behalf of a coalition of environmental groups, a federal court set aside that certification and allowed DEP to start over. That coalition is now exploring legal strategies in response to today’s news.

In response, Sierra Club West Virginia Chapter Gas Committee Chair Justin Raines issued this statement:

“Instead of protecting West Virginia’s water, DEP has sold us down the river. They had one job to do and they failed to do it, leaving our water in the hands of the federal government and out-of-state corporate polluters who are more interested in making money than protecting West Virginians. If we can’t trust our own state to protect our water, health and tourism, who can we trust to do it? Governor Justice and his DEP have let us all down by abandoning the responsibilities we trusted them with.”

Derek Teaney, Senior Attorney at Appalachian Mountain Advocates, issued this statement:

“This is an outrageous and unprecedented dereliction of duty by DEP. After assuring a federal court that it was committed to reconsidering whether the MVP would degrade the hundreds of streams that it would impact, DEP has thrown up its hands and admitted that it is not up to the task of protecting West Virginia’s environment. This action suggests that DEP does not believe in the laws–including the antidegradation policy–that it is charged with enforcing. It also makes you wonder whether DEP intends to give the Atlantic Coast Pipeline–the other ill-conceived pipeline project it is currently reviewing–the same free pass it has just given to MVP.”

Judy Azulay, Indian Creek Watershed Association President, issued this statement:

“It’s incomprehensible that DEP is not using the authority granted to it by the West Virginia legislature to protect our water. Instead of issuing enforceable conditions for the 401 permit, DEP allows MVP to pen its own free pass to pollute. Instead of overseeing this unprecedented construction project, DEP turns a blind eye to the evidence documented in annotated maps and reports submitted by Indian Creek and other organizations and West Virginians identifying specific areas where the MVP would cause unacceptable degradation of our water. How can our Governor and his appointees allow DEP to abandon its mission and turn its back on the people and our natural resources?”

Angie Rosser, Executive Director, West Virginia Rivers Coalition said:

“DEP is a taxpayer-supported agency whose job is to protect public health and the environment. But when it came to one of the biggest projects DEP needed to review to protect water quality, the agency quit on the citizens of the state. We often hear from our political leaders that we don’t need federal agencies to regulate, that the state can handle it. But waiving their authority to do so is no way to handle it. It appears that political favor to industry has won the day over the agency’s responsibility to do everything in its power to protect the public’s right to clean water.”

Anne Havemann, General Counsel, Chesapeake Climate Action Network said:

“Shame on WVDEP Director Austin Caperton and Governor Jim Justice. After directing agency staff to spend over a year’s worth of time, effort, and taxpayer money to look at the impacts to waterways from the massive Mountain Valley Pipeline, they’ve passed the buck to the federal government knowing full well that the pipeline won’t get the thorough review such a massive project deserves. West Virginia’s decision to waive its right to protect hundreds of streams and rivers from MVP is a complete abdication of its duty and a irreparable breach of the public’s trust.

Peter Anderson, Virginia Program Manager, Appalachian Voices said:

“The Federal Energy Regulatory Commission clearly stated in its Mountain Valley Pipeline Order that construction may not commence without a water quality certification from each state and that states may impose additional conditions to protect water quality. By waiving its opportunity to do that, the WVDEP has utterly failed to fulfill its mission to preserve, protect, and enhance the state’s watersheds for the benefit and safety of all its citizens. West Virginians deserve better, and they certainly deserve clean water every bit as much as citizens of other states.”

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Contact:
Doug Jackson, 202.495.3045 or doug.jackson@sierraclub.org
Derek Teaney, 304.646.1182 or dteaney@appalmad.org

About the Sierra Club

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

 

About Appalachian Mountain Advocates

Appalachian Mountain Advocates is a non-profit law and policy center dedicated to fighting for clean water and a clean energy future. Appalmad has a long history of winning precedent-setting court cases and negotiating costly settlements. The organization has secured hundreds of millions of dollars towards conserving natural areas and treating polluted water. We have worked for more than 15 years to ensure that the fossil fuel industry cannot continue to dump its costs of doing business onto the public. For more information, visit www.appalmad.org.

 

About Indian Creek Watershed Association

Indian Creek Watershed Association is a non-profit community based organization whose mission is to preserve and protect Monroe County’s abundant, pure water. For more information, visit www.IndianCreekWatershedAssociation.org.

 

About the West Virginia Rivers Coalition

West Virginia Rivers Coalition is a statewide non-profit organization promoting the conservation and restoration of West Virginia’s exceptional rivers and streams. Since 1989, it has served as the statewide voice for clean, healthy waters for all to use and enjoy. For more information, visit www.wvrivers.org.

 

About the Chesapeake Climate Action Network

The Chesapeake Climate Action Network (CCAN) is the first grassroots, nonprofit organization dedicated exclusively to fighting global warming in the Chesapeake region. Our mission is to build a diverse movement powerful enough to put our region on the path to climate stability. We envision an equitable energy future where truly clean sources of power — efficiency, solar and wind — sustain every aspect of our lives, and dirty fossil fuels are phased out. For more information, visitwww.chesapeakeclimate.org.

 

About Appalachian Voices

Appalachian Voices is a leading force in America’s energy transformation, working at the nexus of the shift from fossil fuels to clean energy for the the 21st Century.  As a grassroots and advocacy organization rooted deeply in Appalachia, we defend the region from mountaintop removal coal mining, fracked-gas pipeline building, and other harmful practices while promoting clean energy sources that generate local jobs and community wealth, and sustain Appalachia’s incomparable natural heritage.  For more information, visit www.appvoices.org.

 

D.C. Councilmembers Announce Support for Proposed Carbon Fee-and-Rebate Bill

After the Hurricanes, D.C. Councilmembers Announce Support for Proposed Carbon Fee-and-Rebate Bill

Advocates expect “Climate & Community Reinvestment Act of D.C.” to be introduced in D.C. Council this year

In the face of recent megastorms and other extreme climate events, an historic effort to address carbon pollution in DC gained new momentum on Wednesday, October 25 as three Councilmembers spoke in favor of the bill before a cheering crowd at the Wilson Building. Advocates for the proposed “Climate & Community Reinvestment Act of D.C.” say the campaign has new momentum heading into the fall and expect a bill to be introduced no later than December with the majority support of the Council.
Councilmember Robert White (At-Large) stated: “I’m glad to support a policy that will address climate change while maintaining robust economic growth in the District. Increasingly extreme climate events harm our businesses and threaten the health of our community. The proposal for a carbon rebate is a common-sense solution that would benefit everyone.”
The proposed “Climate and Community Reinvestment Act” would place a fee on carbon pollution in the District and rebate the large majority of revenue raised back to D.C. residents. According to an economic study by the Center for Climate Strategies, this policy would raise incomes for the majority of D.C. residents and result in stable economic growth with a steady boost in jobs. It would also reduce planet-warming carbon emissions 23 percent by 2032 for electricity, natural gas, and home-heating oil consumed in the District.
Councilmember David Grosso (At-Large) stated: “We are currently at a time when our federal government refuses to do anything to address or acknowledge the real threat that climate change poses. In their absence, D.C. must continue to lead and ensure a bright future for ourselves. Though we’ve made significant progress, there is still more work to be done. That is why the carbon fee proposal is so attractive—it provides another avenue through which we can further reduce our carbon footprint.”
Advocates for the proposed policy say the campaign has new momentum heading into the fall Earlier this month, Mary Cheh, head of the Committee on Transportation & the Environment, told a crowd of Ward 3 Democrats that the proposed carbon fee-and-rebate policy is a “fabulous concept” that will “have to have Council support and the mayor’s support – and [it] will.” The coalition expects a bill to be introduced no later than December with the majority support of the Council.
Reverend Kip Banks, Senior Pastor at East Washington Heights Baptist Church, stated: “For too long, climate polluters have not paid for the damage they’re doing to our communities and to our climate. I’m calling as a faith leader for polluters to take responsibility for the harm that their pollution is causing for ‘the least of these.’ This effort in DC can be a beacon to the rest of our country and a source of hope in our warming world.”
Mike Tidwell, Executive Director at the Chesapeake Climate Action Network, stated: “The urgent nature of our climate crisis requires a significant, immediate response.  The movement for strong climate action in D.C. has never been more powerful, and now, with the support of several Councilmembers, we are ready to win. There’s no more time to wait. The time for a progressive and equitable carbon fee-and-rebate policy in D.C. is now.”
Judith Howell, SEIU 32BJ member and security officer in D.C., stated: “Fossil fuel pollution and haphazard development affects the citizens in each and every ward of our city. It is time for those who profit from fossil fuels to pay for the damage to our environment. But we must also ensure the policy would not put the burden on working families. We urge the Council and the Mayor to pass a strong climate rebate bill quickly, for the health and prosperity of our working-class families.”
The “Put A Price On It, D.C.” coalition is comprised of more than 40 climate and justice advocacy organizations, including more than a dozen local businesses.
FOR IMMEDIATE RELEASE: October 25, 2017
CONTACT: 
Denise Robbins, Communications Director, Chesapeake Climate Action Network; denise@chesapeakeclimate.org, 608-620-8819
Camila Thorndike, Carbon Pricing Coordinator, Chesapeake Climate Action Network; camila@chesapeakeclimate.org, 541-951-2619.

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Baltimore City Council to Introduce Bill to Prohibit Dangerous Crude Oil Terminals in City

Baltimore City Councilmembers Mary Pat Clarke and Edward Reisinger will introduce a crude oil terminal  prohibition to protect the 165,000 Baltimoreans who are threatened by trains carrying explosive crude oil through the city.

BALTIMORE, MD — Today, City Councilmembers Mary Pat Clarke and Edward Reisinger will introduce a bill to prohibit the construction of new and the expansion of existing crude oil terminals in Baltimore City. City Council Bill #17-0150 defines crude oil terminals as a prohibited land use in the city’s zoning code and if passed, would prevent Baltimore City from becoming a hub for crude oil train transfers – a fate that would put neighborhoods along the train route at significant risk.
Councilman Edward Reisinger of Baltimore’s 10th District and bill co-sponsor, said, “Most of my district is within one mile of the tracks that crude oil has been transported on. I don’t want any more crude oil tank cars putting the neighborhoods in my district at risk.”
Transport of crude oil by rail skyrocketed in the midst of the fracking boom in the Bakken shale fields of North Dakota, and a string of destructive derailments has followed. Crude oil has been known to travel through Baltimore City, and there are two terminals currently permitted to ship crude oil in the city.
165,000 Baltimoreans live in the crude oil train “blast zone” – the area that could be directly impacted if a train were to derail and explode in the city. There have been many close calls with freight trains in Baltimore, including last year’s derailment of 13 train cars in the Howard Street Tunnel.
Councilwoman Mary Pat Clarke, representative of Baltimore’s District 14 and bill sponsor, said, “In a time of low demand, this legislation freezes in place our current capacity for crude oil storage and transfer. When the next boom comes, this limited capacity will help to protect Baltimore from crude oil train hazards.”
To date, 24 religious leaders in Baltimore City have signed onto a letter urging the City Council to support the bill. Their letter reads: “We sign this letter as faith leaders whose communities would be directly endangered by crude oil trains … We have a responsibility to protect our neighbors inland from the Port of Baltimore. Any terminal that continues to enable the burning of fossil fuels is to us a ‘dangerous object.’”
This bill is being introduced during criminal trials concerning the crude oil train derailment that occurred in Lac-Megantic, Quebec, in 2013 that killed 47 people.  Although it is clear that lax regulations and unsafe railroad management policies led to the tragedy there, two railroad workers are being blamed for the explosion.  This incident stands as a reminder that crude oil trains are unsafe for our communities, for our workers, and for the environment and also demonstrates the potential litigation that would result from a derailment and of the rail carriers’ proclivity for avoiding responsibility.
Background:  In 2014, a Texas-based company called Targa Terminals applied for a permit to ship crude oil through an additional terminal in South Baltimore. If approved, the terminal could have brought an additional 380 million gallons of explosive crude oil through the city’s rail lines every year.
The Maryland Department of the Environment denied that permit after it found the company did not meet air pollution requirements. The zoning ordinance introduced on Monday would prevent any future crude oil terminals from being constructed in the city, thus preventing an increase in crude oil train traffic.
In June, the Baltimore City Council unanimously passed a Climate Resolution that outlined specific steps the City should take to protect residents from the impacts of climate change. The resolution notes that crude-by-rail traffic enables “the extraction and combustion of some of the most climate-polluting oil on the planet” and calls for the City to “limit the development and expansion of facilities that handle crude oil.” This crude oil terminal prohibition is an opportunity for the Council to follow through on that commitment.
Baltimore’s terminal prohibition bill follows similar efforts to zone out crude oil terminals around the country. In 2016, Portland, Oregon and Vancouver, Washington passed zoning code changes to protect their residents from dangerous and polluting fossil fuel infrastructure.
FOR IMMEDIATE RELEASE: October 16, 2017
CONTACT:
Jennifer Kunze; Clean Water Action; 240-397-4126; jkunze@cleanwater.org
Taylor Smith-Hams; Chesapeake Climate Action Network; 650-704-3208; taylor@chesapeakeclimate.org

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