Groups File Lawsuit Demanding a Serious Water Quality Analysis is Done

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
 
 
 

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

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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Hundreds of landowners, businesses, faith leaders and community organizations who have spent three years fighting the proposed fracked-gas Mountain Valley Pipeline (MVP) are vowing to continue pressing federal, state, and local officials to reject the project, notwithstanding a certificate issued by the Federal Energy Regulatory Commission late Friday.
The agency has utterly failed to account for the harmful impacts to water resources, private property, local economies and the climate from the proposed pipeline, the groups say. In fact, FERC has yet to competently assess whether the pipeline is even needed.
“This project is far from a done deal. With the Virginia Department of Environmental Quality and other agency permitting still necessary, we’ve now begun a new phase of our challenge in protecting our waters, farms and businesses, and our future,” said Roanoke County resident Roberta Bondurant of POWHR, a bi-state coalition of community groups along the path of the proposed Mountain Valley Pipeline.
The pipeline, proposed by a consortium of natural gas companies led by Equitrans, would run 300 miles from Wetzel County, West Virginia, through Southwest Virginia and connect with the existing Transco line in Pittsylvania County. It would cross streams, wetlands and other water bodies more than 1,000 times in the two states, many of those in extremely  steep mountain terrain susceptible to earthquakes and landslides.
The project still requires numerous local, state and federal sign-offs. Importantly, both Virginia DEQ and West Virginia DEP must still certify that the project would not harm or degrade water resources. West Virginia issued its certification earlier this year, but recently asked the court to remand the permit back to the state for further consideration after a challenge brought by Appalachian Mountain Advocates on behalf of several community groups. The Virginia Department of Environmental Quality is now reviewing tens of thousands of public comments on its draft water quality certificate.  
The U.S. Forest Service, the Corps of Engineers, U.S. Fish and Wildlife Service, Virginia Marine Resources Commission, and state and local health and zoning departments are among the other government entities that still must also weigh in.
In addition, landowners along the proposed pipeline route have filed two lawsuits against FERC challenging the constitutionality of the use of eminent domain — the taking of private land — by a private company for private gain. (See more background in this fact sheet.)  Attorneys have requested that all activity on the project be suspended until those pivotal questions are resolved.
“We cannot trust FERC to act in our best interests, so we continue to urge state leaders to exercise their right to thoroughly scrutinize this project,” said Lara Mack, Virginia field organizer with Appalachian Voices.  “Scientists have repeatedly warned that impacts to our waters and other natural resources will be permanent. If the MVP is built, communities in its path will suffer the consequences for generations,” said Mack.
“We are living in a climate emergency. In just the past several weeks we’ve seen the tragic consequences of a warmer world, from devastating hurricanes to raging wildfires. Now is the time to move to renewable energy, not build new pipelines that would lock us into climate-warming infrastructure for generations to come,” said Anne Havemann, General Counsel at the Chesapeake Climate Action Network.
“Here along the proposed path of Mountain Valley Pipeline in Giles County, we’ve had yet another earthquake,” said Russell Chisholm, an Army veteran of Desert Storm. “Mountain Valley Pipeline, a newly formed LLC with no experience building a line this massive, expects us to believe they can safely blast, trench and build though an active seismic zone in Giles. Communities are right to be angry that FERC will allow them to do it on the backs of law abiding, tax-paying residents, many of whom are elderly, served in our armed forces, or worked as public servants in our schools, police and fire departments. It would be a bitter injustice to have these citizens displaced–either literally or effectively– by eminent domain for private gain.”
“Localities face the prospect of whole communities in water crises, disasters that no amount of bonding could compensate,” said Bondurant. “Permitting MVP would be antithetical to our region that boasts clean air, pristine waters, outdoor adventure, scenic byways, fertile farming, and economies of health care, education and burgeoning breweries and distilleries dependent on clean water. That would be a shameful legacy for Governor McAuliffe.”    
“This project poses unprecedented economic and environmental threats,” Chisholm said. “We encourage all Virginians to stand with us and call on Governor McAuliffe and his Department of Environmental Quality to reject this ill-conceived and unneeded project.”

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Protect Our Water, Heritage, Rights (POWHR) is a member of Virginia Organizing, a 501(c)3, with member nonprofit and citizen groups spanning from Franklin County, Virginia through Greenbrier and Lewis Counties, West Virginia. For more information on our programs and initiatives, or on how to donate please go to www.powhr.org.
 

Largest Action To-Date Against Eastern Panhandle Expansion Included Songs, Flower Drop  

SHARPSBURG, MD- On Saturday, October 14, more than 300 concerned West Virginia and Maryland residents joined hands over a key Potomac River bridge to send a powerful message urging Governor Hogan stop TransCanada from building a fracked-gas pipeline underneath the treasured river. Click here for a photo album on Flickr and here for videos on Twitter.
The group of elected leaders, environmental and social justice advocates, landowners and concerned citizens stood hand-in hand to span the James Rumsey Bridge over the Potomac River in Western Maryland. By connecting the Maryland side of the river to West Virginia, the group showed that they stand as a united front in protesting this pipeline.
Patricia Kesecker, West Virginia landowner who is currently being sued by Mountaineer Gas, said: “when you have put your blood, sweat and tears into the land for almost 50 years and someone can come and take it against your wishes, that is heartbreaking.  When the judge granted Mountaineer Gas the right to our property, she not only robbed us, but she also robbed our children, grandchildren and great-grandchildren of their heritage.”
The pipeline is being proposed by TransCanada, the company infamous for pushing the Keystone XL Pipeline, and Mountaineer Gas. It would ship fracked gas from Pennsylvania to West Virginia, passing through the town of Hancock, Maryland and underneath the Potomac River. This pipeline would not benefit Marylanders in any way, yet it would pose a grave threat to their drinking water and deepen dependence on dirty fossil fuels for years to come.
Brooke Harper, Maryland & DC Policy Director at the Chesapeake Climate Action Network, said: “This is my home. I’ve worked relentlessly for years to protect my community from the dangers of fracking. Now, TransCanada wants to threaten us yet again with this fracked-gas pipeline, which would increase our dependence on fossil fuels and endanger our water. Governor Hogan needs to say no.”
Over the past few months, a growing coalition of legislators, environmental activists. and concerned landowners has been speaking out against the pipeline. From paddling against the pipeline, to a months-long encampment in the spirit of Standing Rock, the coalition has built a massive movement and drawn national attention to the harms that this project could cause.
Mary Mattlage, spokesperson for Eastern Panhandle Protectors, said: “In the light of the recent and unprecedented storms, wildfires, and other natural disasters affecting our planet, we should not be supporting projects such as the Eastern Panhandle Expansion and Potomac pipeline which we know will contribute to greenhouse gas emissions and threaten the water supply for millions of people.”
Josh Tulkin, Director of the Sierra Club Maryland Chapter, said: “Maryland understood that fracking posed a threat to our air, water, and the natural spaces that we hold dear. This proposed pipeline poses the same threat.” said Josh Tulkin, Director of the Maryland Sierra Club. If Governor Hogan is serious about protecting environmental and human health from the dangers of fracking, he will complete the fracking ban by rejecting this pipeline.”
Brent Walls, Upper Potomac Riverkeeper, said: “All pipeline projects have an inherent risk to water quality, but the Potomac Pipeline will cross streams and go through several miles of sensitive karst geology; which magnifies the risks of contaminating the Potomac River and the source of drinking water for millions of people.”
Organizations participating in the action included the Chesapeake Climate Action Network, Eastern Panhandle Protectors, Potomac Riverkeepers, Waterkeepers Chesapeake, and the Sierra Club MD Chapter.

CONTACT:
Denise Robbins; Chesapeake Climate Action Network; denise@chesapeakeclimate.org; 608-620-8819
Brooke Harper; Chesapeake Climate Action Network; brooke@chesapeakeclimate.org; 301-992-6875;
Brent Walls; Upper Potomac Riverkeeper; Brent@upperpotomacriverkeeper.org; 443-480-8970

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After devastating hurricanes, two days of prayer vigils and protests in Richmond, Roanoke, Harrisonburg, Woodbridge, Virginia Beach, Glen Allen and Abingdon culminated on Thursday September 14 with a peaceful sit-in in Richmond. The first-of-its-kind statewide protest connected extreme weather with fossil fuel policies. Protesters showed compassion for storm victims and growing opposition to the Atlantic Coast Pipeline and Mountain Valley Pipeline in call for Virginia Governor to reject the pipelines.

RICHMOND, Virginia– On September 14, hundreds of citizens across Virginia gathered for the final day of the “People’s Pipeline Protest,” two days of action at all seven of Governor Terry McAuliffe’s controversial Department of Environmental Quality offices. During the protest in Richmond, activists engaged in a peaceful sit-in at the Richmond DEQ office, effectively blocking the office entrance for over an hour, and resulting in 19 arrests.

Those arrested today included landowners, physicians and faith leaders opposed to the pipeline. Governor McAuliffe plans to make a final decision on water permits for the controversial pipelines this autumn. He has the full legal authority, under the Clean Water Act, to stop them based on the massive impact the pipelines would likely have on drinking water and rivers and wetlands across 1000 miles of their proposed pathways. Protesters today asked the Governor to deny the water permits sought by Dominion Energy and other energy companies. The sit-in arrestees were released by Richmond city police after receiving misdemeanor tresspassing charges.

The protests and vigils this week aimed to honor the victims of Hurricanes Harvey and Irma while protesting the pro-fracking and pro-pipelines policies of Governor Terry McAuliffe that make climate change worse. Opponents of two controversial gas pipelines called the events the most ambitious and creative environmental protests ever organized in Virginia’s history.

Harrison Wallace, Virginia Policy Coordinator for CCAN Action Fund, said, “​Our human rights to clean air, clean water, and a livable climate are threatened by the dangerous Atlantic Coast and Mountain Valley pipelines for fracked gas. Today, sat on the frontlines of the Richmond DEQ offer to amplify the pleas of frontline Virginians who are urging Governor McAuliffe to do the right thing.”

Russell Chisholm, Vice-Coordinator of Preserve Giles County along the path of the Mountain Valley Pipeline, and US Army Veteran of Desert Storm, said: “Let DEQ Director David Paylor’s legacy be one of protecting Virginia’s water for generations, especially in vulnerable rural areas like Giles County where we rely on springs and wells. The thousands of people served by the Roanoke river depend on McAuliffe and the DEQ to protect their drinking water. It’s time to reject these pipelines once and for all.”

The seven DEQ offices run from NoVA to Virginia Beach and from the Tennessee border to Harrisonburg. Focused on stopping the Atlantic Coast and Mountain Valley Pipelines, these historic protests took place simultaneously on September 13 and 14 as the nation recovers from massive hurricanes and while McAuliffe contemplates a final decision on whether to approve the destructive fossil fuel pipelines.

Faith leaders, students, and others are asking the Governor to consider the growing harm of hurricanes and accelerating  climate change — and to reject the specific water permits needed by pipeline companies, including Dominion Energy. These harmful pipelines for fracked gas would cause the destruction of entire mountain ridgetops, threaten citizens’ property rights, and harm valuable drinking water resources — in addition to exacerbating climate change. The pipelines would trigger new greenhouse gas emissions equivalent to building 46 new coal-fired power plants in Virginia.

April Moore, member of Climate Action Alliance of the Valley, said: “It is moving to me to see many people of different faith traditions demonstrating that the stewardship of our water—on which all life depends—is a sacred duty. We cannot let Dominion Power and other purveyors of dirty fossil fuels rob us of our birthright: clean water for all. Especially when renewable energy sources can provide us with the energy we need now, while also providing an abundance of good jobs.”

Amanda Tandy of 350 Loudoun, said, “These pipelines would harm us all. In addition to the global climate change the pipelines would accelerate, Northern Virginians would be impacted by loss of recreation areas, impacts to the Appalachian Trail, a reduction in water and air quality and our tax dollars going towards any disasters, such as blowouts or leaks, that may occur over the hundreds of miles of these pipelines. Virginians deserve better governance than their executive and his agencies putting the interests of corporate polluters over the interests of the living, taxpaying, voting citizens. New York, West Virginia and Minnesota have pushed back against pipeline construction through their states. Virginia, through its DEQ, needs to do the same.”

Kim Williams, operator of the Norfolk Catholic Worker House, said: “The devastating storms of the past two weeks in Houston and in Florida are a painful reality check. Climate change is now and climate change is here. We need to do everything we can to move immediately off of fossil fuels and to move our energy source to renewables. The climate has changed. Now, the thinking of our Governor and the officials at the DEQ needs to change as well. They need to think beyond the next election cycle. They need to think long-term about what these pipelines would do to cause irrevocable harm to our planet.”

Jason Von Kundra, local Washington County farmer and Virginia Organizing member, said: “These pipelines threaten our our natural resources and health. As farmers, we understand the importance of using the land responsibly. For the sake our next generations, we call on Governor McAuliffe to do the right thing.”

Twenty-five groups endorsed the “People’s Pipeline Protest,” including the Chesapeake Climate Action Network, 350 Loudon, Divest RVA, RVA Interfaith Climate Justice League, Preserve Franklin, Norfolk Catholic Workers, Beyond Extreme Energy, Fort Valley Voices for Action, 350 Central Virginia, Indivisible Midlothian, Friends of Buckingham, Yogaville Environmental Solutions, Interfaith Power & Light, Virginia River Healers , 350 Fairfax, Friends of Augusta, Tidewater Pax Christi Community, C-Ville Rising, Preserve Giles County, Blue Ridge Environmental Defense League, Oil Change International, Wild Virginia, Virginia Organizing, Friends of Nelson, and the Interspiritual Empowerment Project.

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CONTACTS:
Denise Robbins, CCAN Action Fund, denise@chesapeakeclimate.org, 608-620-8819;
April Moore, Climate Action Alliance of the Valley, april@shentel.net, 540-333-5497;
Brian Johns, Virginia Organizing, bjohns@virginia-organizing.org, 276-619-1920;