In Yet Another Significant Blow to MVP, Army Corps of Engineers Signals Stream Crossing Permit Will Be Indefinitely Delayed Following Latest Court Decision

Friday, February 11, 2022

Contact: 

Contact: Morgan Caplan, (443) 986-1221 or Morgan.Caplan@sierraclub.org

Washington, DC — This week, the U.S. Army Corps of Engineers committed to withhold a Clean Water Act Section 404 permit for the Mountain Valley Pipeline (MVP) at least until the project has a valid Endangered Species Act biological opinion. This confirmation was received in response to a letter from Appalachian Mountain Advocates and the Southern Environmental Law Center. The 404 permit, if issued, would allow for the pipeline to trench and blast through hundreds of streams and wetlands in its path.

This is another serious blow to the beleaguered project, which has already had several key permits rejected by the courts. In early February, the 4th U.S. Circuit Court of Appeals invalidated the biological opinion and incidental take statement issued by the U.S. Fish and Wildlife Service under the Endangered Species Act for the Mountain Valley Pipeline. That decision came on the heels of the court’s late-January invalidation of U.S. Forest Service and Bureau of Land Management approvals for the second time, preventing the pipeline from crossing the Jefferson National Forest.

The Corps’ response casts further doubt on the future of the Mountain Valley Pipeline and means that for the foreseeable future the pipeline will not be able to build across streams, wetlands and several major rivers. Those crossings threaten long-term degradation of water quality.

“That the Corps did its job, simply by following the law — gives hope. Southwest Virginia, together with our neighbors to the west and the south, have endured eight years of MVP abuses, specifically to our exceptional waters that are the life force of our forests, aquifers, karst, wetlands and floodplains. By following the law, the Corps has answered the moral imperative of the climate emergency — that in supporting our most fragile biological species and the waters they depend upon, we protect our people — and their future on Earth — over profit,” says Roberta Bondurant, a member of Preserve Bent Mountain, a chapter of Blue Ridge Environmental Defense League (BREDL), and Co-Chair of Protect Our Water, Heritage, Rights Coalition (POWHR).

“The recent letter from the Corps means MVP can’t be granted an ‘all access pass’ to our waterways before the pipeline’s effects on endangered fish are carefully studied,” Sierra Club Senior Organizer Caroline Hansley said. “This project has already received major setbacks with permits still missing and more being challenged, along with millions of dollars in fines for hundreds of violations of clean water protections. Not only is MVP billions over budget and more than three years behind schedule, MVP still has hundreds of difficult waterbody crossings left to complete. Investors and lenders should walk away from this unjust and unneeded project. We all have a right to clean water and will continue to make sure our communities are protected.”

“The Corps’ decision to delay action on the 404 permit is the right course at this time,” said Peter Anderson, Virginia Policy Director for Appalachian Voices. “We will continue to hold the unnecessary Mountain Valley Pipeline accountable for all of its serious flaws and the harms it inflicts on our communities.”

David Sligh, Conservation Director at Wild Virginia stated: “One resource agency after another has failed the public in granting ill-considered and improper approvals for the Mountain Valley Pipeline. In this case, the Corps has acknowledged its legal duty and that gives many of our precious and sensitive streams a reprieve from MVP’s damages. Now is the time for federal officials to finally stop this project, which has already caused so much pain and pollution in the affected communities.”

“Climate change poses a ‘code red for humanity,’ according to the world’s leading scientists. The last thing we need is another massive pipeline that will prolong our reliance on dirty fracked-gas, harm Virginia’s streams and rivers, and trample on people’s property rights,” said Anne Havemann, general counsel with the Chesapeake Climate Action Network. “As permit after permit gets thrown out or delayed, it’s time for MVP to see the writing on the wall and abandon the project.”

“This is very good news about a project and a route that never should have been allowed,” commented Bill Wolf of Preserve Craig, Inc.

“Endangered species like the candy darter and Roanoke logperch are nature’s ‘canaries in the mines’ — a warning to us all about the health of our water, air and entire ecosystem. We appreciate that the Army Corps of Engineers is paying attention and will not complete its review until a valid Biological Opinion is in place,” commented Howdy Henritz, president of Indian Creek Watershed Association.

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About the Sierra Club

The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person’s right to get outdoors and access the healing power of nature, 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 the Protect Our Water, Heritage, Rights Coalition

Protect Our Water, Heritage, Rights (POWHR) is an interstate coalition leading the fight to stop the Mountain Valley Pipeline. The coalition includes individuals and groups from counties in Virginia and West Virginia dedicated to protecting water, land, and communities from fossil fuel expansion and environmental injustice. For more information, visit our website: powhr.org.

Federal Court Invalidates Another Key Permit in Endangered Species Act Case, Casting Serious Doubt on the Future of Mountain Valley Pipeline

Decision comes just after Fourth Circuit invalidated U.S. Forest Service and Bureau of Land Management

Thursday, February 3, 2022

Contact: 

Morgan Caplan, (443) 986-1221 or Morgan.Caplan@sierraclub.org
Molly Moore, (847) 401-3633, molly@appvoices.org

Washington, DC — Today, the U.S. Court of Appeals for the Fourth Circuit invalidated the biological opinion and incidental take statement issued by the U.S. Fish and Wildlife Service under the Endangered Species Act for the Mountain Valley Pipeline. The court found that the agency failed to adequately analyze the project’s environmental context when assessing the detrimental impacts to the Roanoke logperch and the candy darter, a species on the brink of extinction. The court’s decision means that construction should not move forward along the 304-mile pipeline route.

Today’s announcement is a result of a case argued by the Sierra Club on behalf of a coalition of conservation organizations, including Wild Virginia, Appalachian Voices, Chesapeake Climate Action Network, Defenders of Wildlife, West Virginia Rivers Coalition, Preserve Giles County, Preserve Bent Mountain, West Virginia Highlands Conservancy, Indian Creek Watershed Association and Center for Biological Diversity. Appalachian Mountain Advocates also represented the petitioners.

The decision is yet another setback for the Mountain Valley Pipeline after another recent decision from the Fourth Circuit invalidating approvals by the U.S. Forest Service and Bureau of Land Management for construction through Jefferson National Forest. The project continues to face several legal battles and is more than three years behind schedule, barely half complete to full restoration, and billions over budget. The pipeline has been required to pay millions of dollars in fines for more than 350 water quality-related violations in Virginia and West Virginia, and has disturbed and destroyed important habitat that has adversely affected local wildlife. Today’s decision should stop the pipeline’s onslaught against one of the largest remaining wild landscapes in the eastern U.S.

Sierra Club Senior Director of Energy Campaigns, Kelly Sheehan, said, “Three more key federal agencies have been sent back to the drawing board after failing to analyze MVP’s harmful impacts. The previous administration’s rushed, shoddy permitting put the entire project in question. Now, the Biden administration must fulfill the commitments it has made on climate and environmental justice by taking a meaningful, thorough review of this project and its permitting. When they do, they will see the science is clear: MVP is not compatible with a healthy planet and livable communities. MVP must not move forward.”

Russell Chisholm, Co-Chair of the Protect Our Water, Heritage, Rights (POWHR) Coalition, said: “Sacred life prevailed today with the court’s acknowledgement of the harmful impact MVP has on everything in its path, specifically endangered and threatened species. Holding MVP accountable to the law is key to the ultimate cancellation of this noxious fracked gas pipeline. This decision not only protects the candy darter and other endangered species, it sets us on course to   stop MVP, decisively transition away from deadly fossil fuels, and reroute towards a renewable economy on a livable planet.”

Sierra Club Senior Attorney Elly Benson released the following statement: “MVP’s dangerous pipeline project has already destroyed and degraded the habitat of endangered species along its route, in addition to the threat it poses to clean air, water, and our communities. We have seen its harmful effects on the region’s forests and streams as MVP has put profits before people and wildlife. Today’s decision underscores that the Fish and Wildlife Service can’t minimize MVP’s impacts on vulnerable species like the Roanoke logperch and candy darter that are already facing numerous other serious threats, including climate change.”

“At a time when we need to urgently move away from fracked-gas pipelines and all the harms they bring — from impacts to endangered species to damage to water quality to climate change — the law and science prevailed in this case,” said Anne Havemann, general counsel of the Chesapeake Climate Action Network.

Roberta Bondurant of Preserve Bent Mountain, a local member group of the POWHR Coalition, said, “Today’s is a sweetly welcome decision in our fight to stop the ravage of MVP. The Bent Mountain community together with our allies, have fought relentlessly, and at unspeakable costs, to protect forest, meadow and waters of our venerable Appalachians. This is a banner day for Planet Earth—-the Swomee Swan soars, the Humming Fish jumps, and the Truffula Tree breathes a grateful sigh of relief.”

“Once again, the courts have found that federal regulators weren’t following the laws passed by Congress to protect the public and our environment,” said Peter Anderson, Virginia Policy Director for Appalachian Voices. “Communities in this region rely on its rich biodiversity to support many recreational and economic opportunities. We take seriously our laws protecting habitat and ecological function, even if Mountain Valley Pipeline does not.”

“Again, the agencies that should be guardians of our most precious resources and the public interest failed us,” stated David Sligh, Conservation Director at Wild Virginia. “But today is a victory for sensitive and valuable species, which have already been harmed by MVP’s pollution. This decision again reinforces the truth that this destructive project must not be allowed to continue. The company needs to face that fact now and should be forced to help heal the wounds it has inflicted.” 

“This is an incredible victory,” said Jared Margolis, Senior Attorney at the Center for Biological Diversity. “The Mountain Valley Pipeline is a fossil fuel nightmare that threatens the essential habitat of imperiled wildlife. These projects lock us into an unsustainable spiral of climate change that inflict incredible damage to vulnerable species. That cycle must end.”

“Enough is enough,” said Cindy Rank of WV Highlands Conservancy. “This is just one more example of how wrong this pipeline is, how much it harms the earth and the critters that make our world a treasure to be protected from unwise developments like MVP.”

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About the Sierra Club

The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person’s right to get outdoors and access the healing power of nature, 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 the Protect Our Water, Heritage, Rights Coalition

Protect Our Water, Heritage, Rights (POWHR) is an interstate coalition leading the fight to stop the Mountain Valley Pipeline. The coalition includes individuals and groups from counties in Virginia and West Virginia dedicated to protecting water, land, and communities from fossil fuel expansion and environmental injustice. For more information, visit our website: powhr.org.

CCAN Responds to Virginia Water Control Board Approval of MVP Permit: “This is a Major Step in the Wrong Direction”

The Chesapeake Climate Action Network (CCAN) joined other climate activists today in reacting to the Virginia State Water Control Board’s decision to approve a water permit for the Mountain Valley Pipeline. Below is the statement from CCAN:

“The decision to permit a pipeline that has already amassed over 300 violations of existing permits is not only reckless, but works against the interests of residents of the Commonwealth and threatens the existence of all living things,” said Elle De La Cancela, Central Virginia Grassroots Organizer for Chesapeake Climate Action Network. “We need to act on climate now, and this is a major step in the wrong direction. The MVP will undoubtedly continue to destroy areas of private and public land, only to line the pockets of CEOs and investors. We will continue to fight, as we await decisions from our neighbors in West Virginia, the Army Corps of Engineers, and the 4th Circuit Court of Appeals.”

See below for the complete press release from activists opposing the MVP Pipeline. ______________________________________________________________

FOR IMMEDIATE RELEASE: December 14, 2021

Contact:
Denali Nalamalapu, (302) 307-6966, denali@powhr.org
Dan Radmacher, (540) 798-6683, dan@appvoices.org

Virginia Water Board Approves Key Permit for Mountain Valley Pipeline

RICHMOND, VA — Today, the Virginia State Water Control Board approved a water permit for the Mountain Valley Pipeline (MVP) via a 3-2 vote, finalizing state approval for the MVP to build across hundreds of Virginia waterways.

The Board is an independent regulatory body composed of seven private citizens appointed by the Governor. Despite significant evidence to the contrary, the Board accepted the Virginia Department of Environmental Quality’s recommendation and found that the agency’s draft permit will adequately protect more than 200 water bodies in the state from the pipeline’s impacts. Under the Clean Water Act, projects like pipelines that release pollutants into U.S. waters must secure both federal and state permits that assure water quality standards will not be violated. The MVP has already violated Virginia’s water protection laws more than 300 times and has been heavily fined for failing to control erosion and sediment.

Despite this decision, the fight to stop the Mountain Valley Pipeline continues. The project still needs authorizations from the West Virginia Department of Environmental Protection and the U.S. Army Corps of Engineers in order to cross water bodies. Additionally, the Federal Energy Regulatory Commission has yet to rule on MVP’s request to bore under waterways in West Virginia and Virginia.

Roberta Bondurant, Co-Chair of the Protect Our Water, Heritage, Rights Coalition (POWHR) responded: “As we reflect on the losses of neighbor landowners and communities suffering MVP’s destructive effects on land, forests and waters, in the midst of an intensifying climate crisis, Virginia’s Water Board has marked for itself an infamous place in history. In granting MVP, a 300 plus repeat offender, a Clean Water Act 401 permit, Virginia regulators have shown its willful indifference to the stark reality of climate catastrophe and squandered an opportunity to do real environmental justice for the people of Southwest Virginia.

“MVP’s chosen route for its mega-pipeline, blasting and barreling across steep, landslide and earthquake prone mountain slopes, our pristine streams, and protective wetlands, multiplies already high risks of drinking water pollution and fiery explosions, imposing constant threats upon vulnerable and often silent witnesses in its path — including the elderly, single, low- and fixed-income residents, people of color, military veterans, and the disabled. MVP at once renders whole communities either ‘pipeline prisoners,’ or if they are fortunate enough to be able to leave, ‘environmental refugees.’ The result today, shameful but not surprising, leads us to brace for MVP’s continued wrath upon our people and their great places. We will go forward– relentless in pursuit of environmental justice — for the livable future that is the birthright of today’s and future generations.”

Peter Anderson, Virginia Policy Director for Appalachian Voices said: “While we are very disappointed with Virginia regulators’ decision today, the Mountain Valley Pipeline still has a long and uncertain road ahead. We remain convinced that this pipeline cannot be built in compliance with the law, and we will continue to stand with impacted communities as they fight this unnecessary and dangerous project.”

Lynn Godfrey, Sierra Club Virginia Chapter Community Outreach Coordinator, said, “The Mountain Valley Pipeline mainline is billions of dollars over budget, three years behind schedule, and has racked up more than $2 million in fines for water quality-related violations in Virginia and West Virginia. The MVP project already threatens 236 of Virginia’s waterways and this latest permit would signify the continued disregard of water sources essential to maintain a healthy ecosystem with lasting and permanent impact to Southwest Virginia’s waterways. We will not stand by as regulators continue to give a free pass to corporate polluters and will pursue all legal avenues to ensure that this pipeline is never completed.”

Elle De La Cancela, Central Virginia Grassroots Organizer for Chesapeake Climate Action Network: “The decision to permit a pipeline that has already amassed over 300 violations of existing permits is not only reckless, but works against the interests of residents of the Commonwealth and threatens the existence of all living things. We need to act on climate now, and this is a major step in the wrong direction. The MVP will undoubtedly continue to destroy areas of private and public land, only to line the pockets of CEOs and investors. We will continue to fight, as we await decisions from our neighbors in West Virginia, the Army Corps of Engineers, and the 4th Circuit Court of Appeals.”

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EPA Underestimates Greenhouse Gas Emissions from U.S. Landfills by at Least 25 Percent

Environmental Groups File Notice of Intent to Sue EPA Over Undercounting of Greenhouse Gases from Waste Dumps

WASHINGTON, D.C. — Three environmental groups today announced their intention to sue EPA for failing to update its methods for estimating emissions of greenhouse gases and other air pollutants from landfills across the U.S., despite the agency’s conclusion in 2008 that the current methods underestimate emissions by at least 25 percent. 

The Environmental Integrity Project, Chesapeake Climate Action Network, and Sierra Club filed their notice of intent to sue EPA under the Clean Air Act, which requires the agency to review and, if necessary, revise its emissions calculation methods every three years.

According to EPA’s estimates for 2019, the rotting of discarded food and other household waste at municipal waste landfills emitted about 4.38 million tons of methane – a potent greenhouse gas that is 86 times more powerful at warming the climate than carbon dioxide over a 20-year period. Based on the agency’s current estimation methods, landfills are responsible for about 15 percent of human-caused methane emissions in the U.S., second only to the natural gas and agricultural industries.

“When it comes to pollution, it’s very difficult to manage what you can’t measure,” said Ryan Maher, Attorney for the Environmental Integrity Project. “EPA needs to fix how it estimates emissions from this massive source of methane and other air pollutants–not only to help us understand the full extent of the landfills problem, but also to make sure that we’re holding polluters accountable and regulating these facilities properly.”

Jane Williams, Chair of the Sierra Club’s National Clean Air Team, said:  “In environmental justice communities that host landfills, their emissions are often the largest source of local air pollution. Landfills emit not only methane, but also nitrogen oxides and volatile organic compounds – and this legal action will help inform the public about how much of these pollutants they are being exposed to.”

Anne Havemann, General Counsel with the Chesapeake Climate Action Network, said: “The world’s leading scientists recently concluded that climate change poses a ‘code red for humanity. Among the easiest and most consequential actions we can take is to limit methane emissions from large sources such as landfills. EPA must update its methods so that regulators can fully understand and better regulate the climate and other air pollutants coming from landfills.”

There are as many as 2,000 municipal waste landfills operating in the U.S. today, and an additional 3,200 that have closed since 1980 but may still produce gas. Currently, an estimated 850 of these landfills are subject to EPA regulations that require emission controls, such as the burning or converting into energy of the methane produced by the decay of household waste.

However, this number of regulated landfills will likely increase—requiring more landfills with pollution control systems — if the current methods are revised and updated to reflect increased emissions estimates.  This is because EPA regulations require landfill gas collection and control systems only for the larger sources of emissions.

Back in 2008, EPA last evaluated its methods for estimating emissions from municipal waste landfills. This assessment culminated in a conclusion that the existing EPA equations and values should be revised, partly because they underestimate emissions of methane and other air pollutants from landfills by at least 25 percent. The agency recognized that the current methods failed to account for the well-established fact that gas collection systems at landfills do not collect gas produced by the landfill with 100 percent efficiency, but instead collect about 75 percent of the gas that is generated or less.

EPA released a draft of its updated methods to the public for comment in May 2009. However, it failed to take further action and the updated methods were neither finalized nor implemented.

The environmental groups are urging EPA to update and revise its emissions methods for estimating greenhouse gases and other air pollutants (including volatile organic compounds and carbon monoxide) from landfills, using the 2008 EPA assessment as an example of why the current methods are inaccurate.  Very few landfills actually measure how much methane rises from trash heaps, so formulas and estimates are used by EPA and the states as a substitute.

The environmental organizations are also challenging EPA’s failure to develop methods for estimating nitrous oxide emissions from landfills. While landfills emit only small amounts of nitrous oxide, it is even more potent than methane as a greenhouse gas, with a warming effect that is 298 times greater than that of carbon dioxide.

For a copy of the notice of intent to sue EPA, click here.  Under the federal Clean Air Act, plaintiffs are required to file a notice of intent to sue at least 60 days before they file a lawsuit.

In June 2021, the Environmental Integrity Project released a report that concluded that Maryland had been underestimating the amount of greenhouse gases released by its municipal waste landfills by a factor of four – and that annual emissions were about 51,500 tons per year, not 12,500 tons. The Maryland Department of the Environment responded by correcting its estimation methods and updating its greenhouse gas inventory with a much larger total.

The Environmental Integrity Project is a 19-year-old nonprofit organization, based in Washington D.C. and Austin, Texas, that is dedicated to enforcing environmental laws and strengthening policies to protect public health and the environment.

The Sierra Club’s mission is to explore, enjoy, and protect the wild places of the earth; to practice and promote the responsible use of the earth’s ecosystems and resources; to educate and enlist humanity to protect and restore the quality of the natural and human environment; and to use all lawful means to carry out these objectives.

The Chesapeake Climate Action Network is the largest and oldest grassroots organization dedicated exclusively to fighting for bold and just solutions to climate change in the Chesapeake region of Maryland, Virginia, and Washington, DC.

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Activists Stop Traffic to Get the Build Back Better Act Moving

With only days left in 2021, intersections surrounding the US Capitol are blocked as Americans demand Congress pass Build Back Better and Voting Rights Bills


WASHINGTON, DC — Members of Congress and their staff were surprised Tuesday morning to realize that the roads they usually take to the US Capitol were shut down. Americans deeply impatient with Congress’ inaction on the most pressing issues of our time blocked roadways all around the nation’s capital in order to grab lawmakers’ attention and urge them to move forward NOW.

“We are the people, and we hold the power,” said Mike Tidwell, executive director of the CCAN Action Fund, “We elected leaders to every position of power in DC with a clear mandate to act on climate justice and defend democracy. So far, we’ve not seen our leaders close the deal on these priorities, so this morning we are reminding them who holds the power.”

CCAN Action Fund and Arm in Arm block traffic and call for passage of Build Back Better.

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The CCAN Action Fund and the group Arm in Arm worked together to blockade the intersection of 4th Street and C Street NE from 7:00 AM to 9:30 AM, while other intersections were blocked by other organizations under the banner of Shutdown DC.

Together, these groups are shutting down business as usual in Washington DC and demanding immediate passage of the Build Back Better Act. They are calling on Congress to move forward as soon as possible because this historic legislation addresses a host of intersecting issues including not only climate change but also justice for indigenous people, Black Lives Matter, housing, childcare, DC Statehood, immigration, and ending war.

The House of Representatives has passed the Build Back Better Act, but the Senate has yet to follow suit. This legislation would reduce US greenhouse gas emissions by more than a gigaton by 2030 and put the country on track to reduce emissions 45% below 2005 levels. Action on climate is long overdue, and it cannot wait until next year. Congress must send the Build Back Better Act to President Biden’s desk in 2021.

“Turning Up the Heat on Cooling Down the Planet”: Abell Foundation Report Explains How Maryland Can Reestablish Leadership Fighting Climate Change

Baltimore, MD — The Abell Foundation released a new report today called “Turning Up the Heat on Cooling Down the Planet: Comparing the Climate Leadership Actions of Maryland and Massachusetts.” This report explains that Maryland was once a leader in climate change action but has since fallen behind states like Massachusetts. It also provides a list of key priorities Maryland should consider to re-establish itself as a national leader on climate change.

This report, by climate change and energy experts Tom Peterson and Rex Hazelton, identifies key characteristics of governmental leadership required to implement climate solutions at scale and offers a detailed review and comparison of actions in Maryland and Massachusetts, including identifying shortfalls and leadership response needs.

The Abell Foundation is fully dedicated to the enhancement of the quality of life in Maryland, with a particular focus on Baltimore. The Foundation addresses all kinds of issues that impact the disenfranchised, such as climate change, because no community can thrive if those who live on the margins of it are not included.

If you would like our assistance connecting with the Foundation or the report’s authors, please let us know. In addition, CCAN’s own climate and energy experts will be happy to provide quotes on the issues raised in this report.

To access the report, visit the Abell Foundation website. For more information on climate change in our region, visit chesapeakeclimate.org.

To Cut Greenhouse Gas Emissions and Reduce Costs, Maryland Commission on Climate Change Recommends All-Electric New Construction by 2024

Commission’s Building Energy Transition Plan Takes an Important Step
Toward Reducing Emissions from the State’s Building Sector

Baltimore, MD — The Maryland Commission on Climate Change has released its 2021 Annual Report and Building Energy Transition Plan, which recommends that all new construction in the state meet water and space heating demands with all-electric appliances no later than 2024. The Commission found that all-electric new homes have lower construction and energy costs than mixed-fuel homes and therefore this recommendation would help improve housing affordability and local air quality while reducing greenhouse gas emissions in Maryland. 

Importantly, the Commission also calls on legislators to retrofit 100% of low-income households by 2030. Low-income customers in Maryland are already paying unsustainably high energy bills. The average annual energy burden for low-income Maryland households is 13 percent, according to a 2018 report commissioned by the Office of People’s Counsel.1 That is more than twice the threshold for a high energy burden, which researchers define as 6 percent.  (See the Commission’s recommendations.)

In response to the Commission’s recommendation, Anne Havemann, General Counsel at the Chesapeake Climate Action Network,  issued the following statement:

“Burning fossil fuels in homes, apartment buildings, and commercial buildings in the state accounted for 13 percent of Maryland’s greenhouse gas emissions in 2017. While we wish the report had gone further in certain respects, it contains some ambitious and necessary steps that will help the state begin to confront a large source of greenhouse gas emissions. 

“When you’re in a hole, stop digging. The report’s all-electric new construction recommendation is a sensible first step in the building electrification transition that prevents us from making the problem worse. Moreover, all-electric new buildings typically have the lowest construction and operating costs and can actually help improve housing affordability while reducing greenhouse gas emissions. An all-electric new construction requirement is a win for the climate and your wallet.” 

As customers transition off the gas system, gas rates will increase as costs will be distributed between fewer customers. Without intervention, low-income customers without the upfront capital to switch to electric appliances will be left paying even higher energy bills. For this reason, the Commission found it to be “critical that the state assist households with high energy burden to transition off the gas system before gas rates increase beyond current levels.”

Havemann’s statement continued:

“We agree with the Commission that it is critical to retrofit 100 percent of low-income households by 2030. Low-income Marylanders are already faced with unsustainably high energy bills, paying on average 13 percent of their income on energy bills when six percent is the threshold. As Marylanders transition off of gas and the rate base shrinks, gas bills will go up. Without deliberate policy design, we risk making the energy-burden problem worse for our low-income residents.

“We call on the General Assembly to follow the Commission’s recommendations and pass an all-electric new construction requirement in the 2022 legislative session. Further, local governments don’t need to wait for the General Assembly before taking action. To tackle climate change and lower costs, local governments can and should pass their own all-electric new construction requirements.” 

The Maryland Commission on Climate Change is chaired by Maryland Department of the Environment Secretary Ben Grumbles and its mission is to advise the governor and General Assembly on strategies for reducing greenhouse gas emissions and preparing for and adapting to the impacts of climate change. The Building Energy Transition Plan is the result of multiple years of work from members of the Commission’s Buildings Sub-group.

Further reading:

Electrify Maryland: The Movement for Green Buildings in Maryland

Congratulations to Baltimore for Divesting from Fossil Fuels

On October 5th, Baltimore Mayor Brandon M. Scott (D) signed new legislation mandating that the city’s three employee retirement pension funds divest from the fossil fuel industry. This landmark bill, sponsored by City Councilmember Mark Conway (D), will compel those funds to stop investing in the world’s top 100 coal and the top 100 oil and gas publicly-traded reserve holders, ranked by the potential carbon emissions of their reported reserves, within the next 5 years.

“We’d like to thank City Councilmember Conway for his leadership in Baltimore’s divestment from fossil fuels. By sponsoring the mandate that city pensions stop investing in oil and gas as well as introducing a resolution to make Baltimore carbon-neutral by 2050, Conway has set the stage for additional proposals that would require the city government to achieve net-zero emissions by 2050 and transition the entire municipal vehicle fleet to electric vehicles by 2040. Congratulations to Mayor Scott and his entire team for this tremendous step forward!” 

— Mike Tidwell, Executive Director, CCAN Action Fund

Baltimore’s new divestment strategy puts Charm City at the forefront among municipalities across America – including New York, Washington DC, Los Angeles, New Orleans and Pittsburgh – that are moving away from investments in oil and gas stocks, bonds, and other financial vehicles associated with “dirty energy.”

For the full story, see Baltimore Mayor Signs Bill Mandating City Pension Funds Divest From Fossil Fuels, Maryland Matters | Oct. 5, 2021.

VA Department of Environmental Quality Finalizes C4GT Gas Power Plant Cancellation

VA Department of Environmental Quality Finalizes C4GT Gas Power Plant Cancellation

Activists celebrate after leading a years-long campaign to stop C4GT, turn efforts to other dangerous fossil-fuel projects moving forward

Charles City, VA — After years of activists campaigning to stop the C4GT Gas Power Plant, the developing company, NOVI Energy, announced its move to cancel the proposed project a month ago. Finally, this past weekend the Virginia Department of Environmental Quality (DEQ) made the cancellation official when the DEQ Deputy Regional Director signed the mutual determination letter that officially shuts down the project.

Sited next to an environmental justice community, less than a mile from a second proposed fracked gas power plant, the C4GT proposal faced enormous community opposition from the outset. The directly impacted group of residents leading the fight against the project, Concerned Citizens of Charles City County (C5), joined the Stop the Abuse of Virginian Energy (SAVE) coalition to protest the project, and build grassroots opposition to the proposal. Primary concerns included the lack of any meaningful public engagement in the process, and the DEQ’s green-lighting the project despite the developers’ failure to construct at the site within their legal window.

Ultimately, a FOIA request by SAVE Coalition member Food & Water Watch found that the DEQ had the legal ability to cancel C4GT’s air permits and cancel the project — indeed they had already drafted a letter revoking the permits. A few weeks later, the company behind the project withdrew.

Now that the C4GT project is officially terminated, activists turn their attention to the similarly dangerous Chickahominy Power Station and Chickahominy Pipeline proposals, still moving forward in Charles City County.

“Our community won when the developer was unable to continue with the destructive proposed C4GT power plant,” said Wanda Roberts, an impacted resident and member of Concerned Citizens of Charles City County. “We will continue to fight to stop the Chickahominy Power Plant and pipeline. There is no need or necessity for gas power plants to be built in Virginia.”

“The termination of the C4GT fracked gas project is a victory for grassroots climate organizing in Virginia,” said Jolene Mafnas, Virginia Organizer with Food & Water Watch. “Virginians statewide are rising up against the fracked gas and pipelines that endlessly crop up in our backyards. The age of fracked gas is over in Virginia — it’s time to double down on true clean, renewable energy and stop the buildout of fossil fuel infrastructure. Governor Northam must direct his agencies to terminate the Chickahominy power plant and pipeline, just like C4GT.”

“The cancellation of the C4GT power plant is yet another sign that Virginia is leaving behind costly and hazardous fracked gas infrastructure,” said Lauren Landis, Chesapeake Climate Action Network’s Hampton Roads Coordinate, “The argument for similar projects is untenable and community organizers will not stop until they all reach the same fate as C4GT.

“Another hard won victory for the Charles City County Community, the state and the nation in keeping dangerous fossil fuel operations from contributing to climate change and ultimately destroying our lives,” said Lynn Godfrey, Sierra Club’s Community Outreach Coordinator. “Salute to the grassroots efforts of the community organizers in Charles City!”

“Environmental justice begins and ends with communities. The cancellation of the C4GT power plant is a testament to the dedication of the Concerned Citizens of Charles City County and all the grassroots advocates who have supported them in this fight,” said Taylor Lilley, Chesapeake Bay Foundation Environmental Justice Staff Attorney. “CBF is honored to work with the people of Charles City in opposing projects that threaten the environment and public health.”

For Immediate Release: Wednesday, August 25, 2021

Contact: Beth Kreydatus, c5groupinform@gmail.com, 757-561-3824

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Morgantown Coal Plant to Retire in 2022, Five Years Earlier Than Previously Announced

Friday, June 11, 2021Contact: 

Alex Amend, alex.amend@sierraclub.org

ANNAPOLIS — Earlier this week, GenOn Holdings, Inc. announced that it plans to retire units 1 and 2 at the Morgantown Generating Station by June 2022, five years earlier than the company previously announced late last year. 

For 50 years, working families in Charles County have been made to bear the economic, environmental, and public health costs of living next to a dirty polluting coal plant, which continues to be a significant source of toxic water pollution and smog-forming pollution. The retirement of Morgantown will help put an end to GenOn’s discharges of arsenic, selenium, and mercury into the Potomac, as well as emissions of harmful sulfur dioxide and nitrogen oxides. Small peaking units that burn oil and run infrequently will remain online.

The company attributed the decision to retire Morgantown on an accelerated timeline to “unfavorable economic conditions” and the cost to properly bring the plant into compliance with federal environmental laws. Ever more affordable clean energy generation and the pressing need to address the climate crisis have helped drive the coal industry’s decline nationwide. 

GenOn also announced the retirements of Avon Lake Generating Station, located in Ohio, and Cheswick Generating Station, located in Pennsylvania. 

Reuben Collins, II, Esq, Charles County Commissioner President, released the following statement:

“The announcement that GenOn will accelerate its retirement of the coal burning sections of the plant brings final closure to a past era of reliance on fossil fuels. Our community is committed to cleaner energy and developing a path forward that protects our environment while opening the door to an enhanced quality of life for our residents. We will work closely with GenOn to safely close it down and develop a remediation plan that will provide opportunities for future revitalization of this extraordinary waterfront location in Charles County.”

Dyotha Sweat, Charles County NAACP Chair, released the following statement: 

“Morgantown once received a D letter grade from the NAACP in the Coal Blooded report for its abysmal environmental record, so we’re thrilled to see the closure even earlier than scheduled. Now, we can start the healing process and begin rebuilding a healthier and cleaner source of economic activity in our county that will truly benefit us all. With the early closure, we want to ensure that environmental justice includes proper clean up of the Morgantown facility and most importantly, proper employment transition for the employees affected.”

Dean Naujoks, the Potomac Riverkeeper at Potomac Riverkeeper Network, released the following statement:

“The Morgantown plant has been discharging selenium, mercury and arsenic to the Potomac River for decades, poisoning fish and people. Closing Morgantown’s coal units will be good for the river and communities nearby, but we need to make sure that any closure plan includes requirements to clean up legacy contamination at Morgantown that could continue to pollute the environment long after it’s closed.” 

David Smedick, Senior Campaign Representative of Sierra Club’s Beyond Coal Campaign released the following statement: 

“Today, we celebrate with the community leaders who fought against coal pollution for decades. This news means five fewer years of burning coal and polluting our air and water. However, this accelerated time frame underscores yet again the urgency of having a transition plan in place for workers and communities that have depended on the plant’s revenues and that have borne the brunt of harmful pollution for decades. Companies like GenOn can decide when it is most advantageous for their bottom line to pull the plug on a plant. Policymakers have vanishingly few excuses to establish a timely transition plan off coal and to clean energy that supports our communities, protects residents from further pollution burden, and promotes good union jobs for impacted workers.”

Leah Kelly, Senior Attorney with the Environmental Integrity Project, released the following statement:

“The coal units at the Morgantown plant have been discharging toxic pollutants into the air and water for decades. GenOn’s decision to retire these burners earlier than expected is good news for nearby communities and the climate. Now Maryland and the U.S. government need to find a way to fast-track the development of industries like offshore wind that can provide clean energy and good-paying jobs.”

Anne Havemann, General Counsel, Chesapeake Climate Action Network, released the following statement:

“This announcement is very good news for the people who live near the coal plant who have been living with pollution from this plant for far too long. It’s also good news for the climate. Last month, we learned that the amount of carbon dioxide in Earth’s atmosphere reached the highest levels in human history. We must implement a just transition to clean energy immediately to avoid the worst impacts from the climate crisis we’re in.”

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About the Sierra Club

The Sierra Club is America’s largest and most influential grassroots environmental organization, with more than 3.5 million members and supporters. In addition to protecting every person’s right to get outdoors and access the healing power of nature, 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.