Offshore Wind: Up Close and Personal

By Jess Rampulla

On a warm September day, twenty-two CCAN staff members, friends, and supporters boarded a boat in Virginia Beach to see offshore wind turbines, located twenty-seven miles off the coast of Virginia. This once-in-a-lifetime experience was truly remarkable, and I was thrilled to be able to share it with other members of the climate community.

At eight in the morning, our group boarded a boat along with members of Dominion Energy staff and Rudee Tours to begin our five-hour trip. You could feel the excitement from everyone on board, ready for the journey ahead of us. While the first moments driving out proved to be rockier than expected, our CCAN group continued to exclaim how excited they were to be here, with people making jokes about if everyone had taken their dramamine for breakfast. After the water settled, we all loaded into the boat’s inner cabin, just big enough to hold everyone on board, to hear a presentation from a Dominion Energy staff member on what to expect during the trip, and facts about the amount of power wind turbines could produce.

After the presentation, everyone shuffled back out on the deck to enjoy the warm weather and try and catch a glimpse of the turbines. We could just barely see them off in the distance around ten miles offshore. On our journey out, I had conversations with several CCAN donors and supporters on board. Reasons for making the journey varied from “we could never have passed up this opportunity” to “I’m doing this to give my grandchildren a better future.” As the turbines became more visible, people on board began to snap pictures and crowd towards the front of the boat. Everyone wanted proof that they were here today, and to have evidence to share with all their friends and family back home.

Finally, after around two hours, we pulled up just feet from one of the turbines. Enormous doesn’t feel like quite a strong enough word to describe just how big these power sources were:

The thing that shocked me the most from being so up close was just how quiet the turbines were. They made no sound, aside from the whoosh of air as they spun. The boat stopped for around thirty minutes so everyone was able to admire the turbines and get all the photos they wanted. The joy on everyone’s face as they looked up at these huge structures was contagious. We were looking at the future of off-shore wind energy in Virginia. Maryland State Delegate, Lorig Charkoudian was on board and spoke with members of CCAN’s staff about how this was the ultimate goal for Maryland as well. While at the turbines, we had a surprise visit from a school of fish, swimming and feeding around the bottom of the turbines, proving that these structures don’t affect marine life in the area.

After our stop at the turbines, we started the journey back. We spotted a pod of about twenty dolphins swimming next to our boat, happily jumping in and out of the waves. We ate sandwiches and chips and made sure to keep hydrated and reapply sunscreen. The trip back was more subdued, with everyone appearing to process the magnitude of what they saw. As we pulled back into port and walked off the boat, groups of people formed, all sharing their own thoughts from the trip. As people loaded into cars to drive back home or begin a day of canvassing, I felt overwhelmingly grateful for this experience and to have the opportunity to work for a company like CCAN that helps move the Chesapeake region towards cleaner energy and a more sustainable future.

BREAKING: Fourth Circuit Grants Stay in Endangered Species Act Case

Permits are Required Before MVP Can Proceed with Construction

RICHMOND, VA — The U.S. Court of Appeals for the Fourth Circuit has put a hold on two permits that the fracked gas Mountain Valley Pipeline (MVP) requires to proceed with construction activities. By staying the Biological Opinion and Incidental Take Statement, the Court’s announcement effectively means construction must stop on the 300-mile project. Coming just hours after news broke that MVP must pay a multi-million dollar fine to the Commonwealth of Virginia, today’s announcement is a result of a request for stay filed by the Sierra Club, on behalf of a coalition of conservation organizations, including Wild Virginia, Appalachian Voices, Preserve Bent Mountain, Defenders of Wildlife, Chesapeake Climate Action Network, and the Center for Biological Diversity.

In response, Sierra Club Staff 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, not to mention the threat it poses to clean air and water. That’s why, time after time, we have said MVP should stop work on this pipeline. Their rushed, shoddy permitting puts the entire project in question. And time after time, the courts have agreed. Maybe now MVP will do the smart thing, and walk away from this disastrous fracked gas pipeline once and for all.”

David Sligh, Conservation Director for Wild Virginia said:

“We applaud the court’s action. This project has already caused great harm to Virginia’s environment and people. It is time for the Fish and Wildlife Service to finally live up to its legal mandates and prohibit any further damage. This project cannot be built as proposed while protecting these rare and sensitive species and should be abandoned now.”

Anne Havemann, General Counsel, Chesapeake Climate Action Network:

“The rush to build this unnecessary and harmful pipeline has polluted drinking water, harmed livelihoods, triggered landslides, and further threatened already endangered species. Given the devastation that construction of the Mountain Valley Pipeline has left in its wake, the Court was right to stay the permits. MVP should see the writing on the wall and give up on this disastrous project.”

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STATEMENT: Governor Northam Fails to Protect Citizens of Union Hill

Community Leaders Accuse Dominion Energy of Blatant Environmental Racism Over Controversial Compressor Station for Fracked Gas

 
RICHMOND, VA — Today, the Northam administration removed two members of the Air Pollution Control Board from their posts before a crucial vote on the gigantic and deeply harmful Atlantic Coast Pipeline compressor station in Buckingham County, Virginia. These members were a part of a crucial bloc of votes which led to stronger environmental protections in recently the re-proposed Carbon Reduction Plan and they both showed concern about the permit for the Buckingham compressor station. The proposed 54,000-horsepower compressor station — situated a short distance from the homes of the descendants of freedmen in the community of Union Hill — would run 24 hours a day and constantly fill the community with loud noise that is comparable to a jet engine. Facilities like this pollute the air with nitrogen oxides, carbon monoxide, volatile organic compounds, and particulate matter and are linked to severe respiratory and cardiovascular ailments, as well as cancer. This compressor station is needed to keep gas flowing through Dominion’s controversial $7-billion Atlantic Coast Pipeline.
Since the day this project was announced, community advocates in Union Hill have sounded the alarm on environmental justice concerns. Scores of concerned citizens have rallied and protested across the state in opposition of these projects. Hundreds turned up in Buckingham County to give public comment against the project. Thousands more sent written comments to the DEQ which requested the agency deny the permits. Yet no matter how many Virginians said this was a bad idea, Dominion continued pushing for this location. The Union Hill community is a rural, low-income, mostly African-American community where residents are less likely to have the resources to pursue legal challenges.
Even though Mr. Bleicher and Mrs. Rubin both had terms that were set to expire in June, their roles would have extended indefinitely if the Northam administration had not taken action.
This decision comes just weeks after the world’s top scientists at the Intergovernmental Panel on Climate Change issued a dire warning sounded the alarm bells for the world to move away from dangerous fossil fuels at a rapid pace.
Harrison Wallace, Virginia Director of CCAN, stated in response:

“We are shocked and incredibly disappointed that the Northam Administration is terminating the terms of Air Board members Rebecca Rubin and Sam Bleicher. This deeply controversial move comes just weeks before a crucial vote on the Buckingham Compressor Station for fracked gas. The people of Union Hill and Buckingham County deserve a fair hearing from the full board. This decision will rob them of that opportunity. Governor Northam has now officially taken ownership of the Atlantic Coast Pipeline and ownership of this compressor station, a facility which involves strong elements of environmental racism. The governor must understand that with today’s action, the public will now hold him responsible for all the future harm to water, the climate, farmland, and human life that now could come to Virginia.”

Top 5 Reasons Why You Need to Visit Miracle Ridge this Summer

In July, I joined activists, advocates, and property owners in Bath County to experience the pristine beauty of Miracle Ridge.
The ridgeline, named by property owners Bill and Lynn Limpert, can only be fully appreciated by visiting it in person. From the pure waterways from which the county derives its name, to the grand trees that outdate our country’s government, even one afternoon on Miracle Ridge will drive home the sheer absurdity of Dominion’s plan to blow up this ridgeline at taxpayers’ expense, just to ensure an windfall of profits in the years to come.
Here are four reasons why you need to come visit Miracle Ridge this summer:
1) Build relationships with the people that are being asked to sacrifice their land
A visit to Miracle Ridge is more than just a camp. It is a way to connect with the Limpert family and the greater Bath community. On my first official full day at the camp neighbors came from miles away to share stories on the Limperts’ north-facing front porch and talk with the media.
One couple, Jeannette and Gary, have roots extending in the community as deep as the trees themselves. They met in Bath County many years ago when Gary came to Jeanette’s house to clean her chimney. But Jeannette’s family tree extends in Bath back to 1792. Her ancestors fought for freedom and independence in the Revolutionary War. Now, she finds herself in a battle for the freedom and independence from the extractive fossil fuels industry that seeks to take the land that has been in her family for so many generations.
2) Hike Miracle Ridge
Every day upon awakening in Bath County I had the opportunity to hike Miracle Ridge. Just sixty seconds into my first hike I could see why the ridgeline is so deserving of its grand namesake. It is a nature lover’s dream.
On Saturday, Mike, Bill, Sam, Jarrod and I walked to the top of the Ridge all the way to the National Park service road. Along the way we encountered centuries-old sugar maple trees, heard the calls of numerous rare birds, and embarked on a search for the Rusty Patched Bumble Bee. This bumble bee is officially listed as endangered under the Endangered Species Act (ESA), with climate change and increased exposure to disease has caused the bee’s population to plummet by 90% since 1990. There have been a number of Rusty Patched Bee sightings on Miracle Ridge, which if proven could prove tremendous in the fight against the ACP.
Experiencing this in person is a glaring reaffirmation that Dominion’s plan to blow Miracle Ridge by the equivalent of a two-story building is nothing short of radical and extreme.
3) Swim in some of Virginia’s most pristine water
Just down the mountain from Miracle Ridge are a number of the fresh mineral water springs from which the Bath County has received its namesake. Renowned for its healing properties, the pristine water attracts travelers and tourists from all over the continent every year.
The pure nature of the water is due to the high concentration of Karst – one of mother nature’s most powerful water filtration systems. This geological typography is characterized by a network of caves, fissures, sinkholes, and underground streams and is prone to sinking.
Many experts point to constructing the proposed pipeline of cause as a reason for alarm, as industrial-scale construction and ridgetop removal could potentially have irreversible negative impacts on the local waterways.
4) Make connections with other like-minded activists
Activists and advocates from all across the region are coming to Miracle Ridge to make a stand.
Saturday afternoon our group was joined by two activists: Holden and Gabriella who organize against the ACP in North Carolina and heard about the encampment on Facebook. Over dinner that evening we shared strategies of what was working in each of our states and reaffirmed our commitment to defending Miracle Ridge and all lands threatened by pipelines until the very end.
5) Meet Ona for herself
One of the most humbling experiences about a visit to Miracle Ridge is an opportunity to meet with Ona, the 300-plus-year-old sugar maple that has been likened to a piece of art and is making waves all across the region.
“Ona,” an ancient Hebrew name meaning “graceful,” could not have a more appropriate from one of the most visually striking features on Miracle Ridge. Standing at a jaw-dropping 60-feet with a 15-foot circumference, you can feel Ona’s magnetic presence as soon as you stand up to her. This tree, which outdates Dominion and the fossil fuels industry itself is now being threatened to be cut down to make way for a violent pipeline that will lock us into fossil fuels extraction for another generation. One trip to Miracle Ridge will reaffirm everything that we are being asked to sacrifice for Dominion’s profits and will reaffirm why we will need to continue to fight even harder in the weeks and months to come.

RSVP today to join us at Miracle Ridge!

VA delegates and senators support "Stand with Red"

Yesterday, more than a dozen Virginia delegates and senators joined the chorus of landowners, activists, and faith communities in voicing their opposition to the proposed Mountain Valley and Atlantic Coast Pipelines.
Dubbed Stand with Red day, the event sought to highlight cruel attempts by the pipeline companies, with the support of Virginia’s law enforcement agencies, to starve “Red” Terry — a mother in Roanoke County. She has been sitting in a tree on her own property with her daughter refusing to leave until the pipeline companies themselves depart the land that her family has called home for seven generations.
The event, organized by Northern Virginia-based attorney and journalist Jon Sokolow, included eleven state delegates and two senators. They all urged Governor Northam to fulfill his 2017 campaign promise to be “very cognizant” of property rights, and to demand that his Department of Environmental Quality undergo “site-specific” permitting processes.
“Let me be clear,” said Blacksburg Delegate Chris Hurst, “it should not be up to landowners, who have already had their land taken through invalid eminent domain procedures to make sure Mountain Valley Pipeline LLC does its job correctly. It should be our state agencies who lead that effort.”
Stand with Red day is not only an addition to the litany of protests against the Atlantic Coast and Mountain Valley Pipelines which are seen on a regular basis, it is the culmination of years of work hammering away at Dominion, EQT, and the elected officials that do their bidding. It marks a definitive shift in Virginia’s political culture — which until recently was completely imprinted with the self-interest of Dominion, EQT, and other big polluters. Let there be no mistake about this, Virginia’s shifting political climate is due to nothing less than the countless hours and sacrifices made by activists, landowners, and whole communities to stop these pipelines in their path for the past three years.
“The word MVP should no longer be used to refer to them”, said 35th District Delegate Mark Keam as he addressed the booming crowd. “They are nothing close to what an MVP should be. The word MVP belongs to Red, her husband, and everybody else that is standing up. All of you here today are the real Most Valuable Players.”
To make a donation to the treetop rebellion resistance CLICK HERE. If you are inspired become a volunteer monitor to scrutinize every regulation that these pipelines break CLICK HERE to learn more about being trained!
 

CCAN Statement: Northam DEQ announcement raises serious concerns

CCAN “Highly Skeptical” That DEQ Head can Lead its Own Internal Review; Calls on Paylor to Recuse Himself

RICHMOND, VA — Today, Governor Northam announced Executive Order 6, which instructs David Paylor, Director of the Virginia Department of Environmental Quality, to perform a comprehensive review of DEQ’s permitting, monitoring, and enforcement activities.
Mike Tidwell, Director of the Chesapeake Climate Action Network, stated:

“We agree with Governor Northam that the Department of Environmental Quality needs to be seriously reformed, so we commend him for that. However, we are highly skeptical that DEQ Director David Paylor can oversee this internal review in a fair and comprehensive manner.

“The DEQ is a broken agency, and Director David Paylor is the one that broke it. In his 12 years running the agency, he has regularly sided with polluters over the environment. He has accepted gifts from mega-polluter Dominion Energy and permitted polluter-friendly practices across the Commonwealth.

“The timing of this announcement is particularly painful for the landowners who live along the route of the Mountain Valley Pipeline for fracked gas, to which DEQ just gave final approval in a process widely viewed as flawed.

“We believe David Paylor should be replaced as DEQ Director. If Governor Northam keeps him on, however, Paylor should recuse himself from this much-needed agency review. We hope Governor Northam will consider turning the review over completely to the Secretary of Natural Resources in order to ensure real and substantive changes at the DEQ.”


CONTACT:
Denise Robbins, Communications Director, 608-620-8819, denise@chesapeakeclimate.org
Mike Tidwell, Director, 240-460-5838, mtidwell@chesapeakeclimate.org

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CCAN Calls On Governor Northam To Replace David Paylor as DEQ Head

RICHMOND, VA — Today, Governor Northam re-appointed David Paylor as director of the Virginia Department of Environmental Quality.
Mike Tidwell, Director of the Chesapeake Climate Action Network, stated:

“Governor Northam has taken several positive steps since taking office to improve environmental protection and advocacy in the state. He has supported joining the Regional Greenhouse Gas Initiative and has pushed Dominion Energy to invest more in renewable power and efficiency. But today, the Governor has seriously dropped the ball in re-appointing David Paylor as director of the Virginia Department of Environmental Quality.

“Any quick Google search of Paylor’s name brings up stories of serious controversy. In 12 years at the DEQ helm, Paylor has consistently sided with polluting industries over environmental advocacy groups. Paylor, above all else, is very, very cozy with the state’s biggest polluter, Dominion Energy. The director has outraged health and environmental leaders by siding with Dominion on the dumping of coal ash in rivers and, most notoriously, the construction of patently harmful pipelines for fracked gas like the ACP and MVP. Paylor barely hides his close connection to Dominion. In 2013, he accepted an all-expenses-paid trip from Dominion to the Masters Golf Tournament in Georgia, including a fully paid bar tab.

“Governor Northam, today, missed an important opportunity to take a concrete step forward for the environment by replacing Paylor with someone who truly values the protection of the environment. We call on the Governor to reconsider his decision and replace Paylor as soon as possible.”

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CONTACT:
Denise Robbins, Communications Director, 608-620-8819, denise@chesapeakeclimate.org
Mike Tidwell, Director, 240-460-5838, mtidwell@chesapeakeclimate.org

Thousands call on Gov. Northam to protect Virginia waters from fracked-gas pipelines

Event comes on heels of after-hours DEQ announcement to allow MVP construction

Richmond, Va. — Citizens representing Virginia landowners, the faith community, scientists, people of color, water protectors and clean energy advocates today called on Governor Ralph Northam to protect Virginia’s waters by taking immediate action on the proposed Mountain Valley and Atlantic Coast pipelines. The action comes the morning after Virginia’s Department of Environmental Quality approved water pollution plans for the Mountain Valley Pipeline, paving the way for its construction.
At a press conference at the Bell Tower on Capitol Square, citizens presented the Northam administration with 10,000 petition signatures signed by Virginian residents. The signatories call on the governor to protect the drinking water supplies of countless Virginians from the Mountain Valley and Atlantic Coast pipelines, which would cross streams and other waters more than 1,400 times across the state.

For high-resolution photos (available shortly), please contact Cat McCue at cat@appvoices.org or 434-953-8672

The group also presented a petition from Change.org with more than 62,000 signatures from other concerned citizens from around the country calling on Governor Northam to reject the pipelines. In addition to the projects’ tremendous climate impacts that affect all Americans, the projects bisect national treasures including the Blue Ridge Parkway, the Appalachian Trail, and many miles of national forest land.
The petition demands that the Northam administration immediately halt the ongoing tree-felling along the routes, allow the public to review and comment on the erosion and stormwater control plans before they are finalized by the Department of Environmental Quality, and take action to ensure the state analyzes individual stream impacts, rather than the Trump administration’s Corps of Engineers.
Just yesterday evening, at 7 p.m., the Department of Environmental Quality announced it had finalized the water plans for the Mountain Valley Pipeline, authorizing the start of land-disturbing activities, without letting the public have one last chance to provide feedback on the critical water pollution plans.
“Citizens all along the MVP route have spent years educating themselves about this project and its potential impacts — everything is at stake for them. They’ve been asking Gov. Northam and his administration for one more chance to review these critical water pollution control plans before the DEQ finalized them and allowed construction to proceed. In an affront to all Virginians, this decision shut them out,” said Peter Anderson, Virginia Program Manager with Appalachian Voices.
“My question for Governor Northam is simple: did you really mean it when you said the DEQ reviews had to be thorough, transparent, and based on science? The science is clear – these projects will be the most damaging for Virginia’s waters in decades. It is time to turn your words into action,” said David Sligh with Wild Virginia.
“Governor Northam promised to hold these dangerous pipelines to the highest environmental standards,” said Jamshid Bakhtiari, Virginia Field Coordinator at the Chesapeake Climate Action Network. “Now, we’re seeing him already go back on this promise. The DEQ will allow the Mountain Valley Pipeline to begin construction, threatening the communities of countless Virginians, without allowing for any further public input. These pipelines will lock us into fossil fuels for decades if Governor Northam doesn’t take action. Thousands and thousands of concerned residents in Virginia — and across the country — are watching.”
“The plans approved for the Mountain Valley Pipeline are not environmentally sound and, from an engineering standpoint, will not sufficiently protect the environment and our drinking water from the pipeline’s construction impacts,” Kirk Bowers, Professional Engineer and Pipelines Program Coordinator for the Sierra Club Virginia Chapter, said. “Sierra Club had to utilize a Freedom of Information Act request in order to fully review the plans and come to these conclusions. Leaving those in the public without the financial and legal resources to use the FOIA in the dark is absolutely unacceptable. All Virginians should have had a chance to review and evaluate these plans for the Mountain Valley Pipeline and should get the chance for the Atlantic Coast Pipeline.”
At the press conference, the citizens handed the petitions to the Administration’s office. They held different color survey tape to show the average 125-foot width of pipeline tree-felling and construction, and the 50-foot permanent right-of-way that will scar hundreds of miles of mountains, farms and fields through the commonwealth. They also held several large posters with pictures showing some of the places the pipelines will impact as well as pictures of failed erosion controls on other pipeline projects in mountainous terrain.
The event was organized by Appalachian Voices, Chesapeake Climate Action Network, Natural Resources Defense Council, Virginia Chapter of the Sierra Club, Virginia Interfaith Power and Light, and Wild Virginia.

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Contact:
Lara Mack, Appalachian Voices, lara@appvoices.org 540-246-9720 (m)
Jamshid Bahktiari, Chesapeake Climate Action Network, jamshid@chesapeakeclimate.org 757-386-8107
Kirk Bowers, Virginia Chapter of the Sierra Club, kirk.bowers@sierraclub.org 434- 249 1439

More than 370 Virginians Attend DEQ Hearings to Cut Carbon Now

Participants call on DEQ to implement strong protections against polluting, harmful power plants.

Richmond, VIRGINIA– The Virginia Department of Environmental Quality held the final public hearing on Virginia’s Carbon Reduction Plan today. At the hearing, participants called for the strongest possible standard to cut Virginia’s carbon pollution from fossil fuel burning power plants. The public hearing was preceded by a press conference held by community members and activists, which was attended by about 50 people.
The Virginia Carbon Reduction Plan is designed to reduce carbon emissions from fossil fuel-burning power plants by 30 percent by the year 2030. More than 370 Virginians attended all six hearings that took place across the state, with about 150 people testifying in favor of strong safeguards to support clean energy careers, protect the health of families against fossil fuel burning power plants and reduce the negative impacts of climate change.
“Virginia is taking a step forward, while on the federal level the Trump administration is doing a dangerous dance reducing lifesaving safeguards,” Kate Addleson, Director of the Sierra Club Virginia Chapter, said. “All Virginians can take pride in our Commonwealth for developing a standard that will require corporate polluters to take responsibility for their harmful pollution, including greenhouse gas emissions, that are damaging the health and environment of our communities, ”
“The Governor’s administration understands that action on climate change can’t wait,” Angela Navarro, Deputy Secretary of Natural Resources said. “One important component of the rule is participation in the regional carbon market which would allow Virginia to reduce emissions. The regional market is bipartisan and proven, and will be a cost-effective market-based way to reduce carbon. We look forward to being the first south eastern state to move forward with limiting carbon pollution.”
In Virginia, the increase in extreme hot weather, due to climate change, between May and August 2016 lead to 1,700 admissions to the ER for heat related illnesses. Athletes, students, and outdoor workers are particularly vulnerable to heat illness in oppressive weather conditions. Weather imbalances are also leading to longer and more severe allergy seasons. Over the last 30 years, the peak tree pollen count has increased by over 50 percent in Richmond. A warmer climate not only supports a wider spread of diseases and illnesses, but it also releases viruses that have been trapped in ice caps for centuries.
“My patients are the manual laborers who work outside during the hot summer, they’re the elderly, children and low income people who feel the effects of climate change the most,” Dr. Janet Eddy with Virginia Clinicians for Climate Action, said.
Low-income families and communities of color are among those who are most vulnerable to climate change and dirty fossil fuel pollutants. Virginia’s Carbon Reduction Plan must ensure reductions in carbon pollution in environmental justice communities and put in place a mechanism that ensures reductions of co-pollutant greenhouse gas emissions by facilities located in or near affected neighborhoods.
“Environmental justice has to be addressed in this plan. As the trailblazer Virginia always has been, we should assure that benefits accrue for all communities, and there is a mechanism in place to ensure affected communities see carbon reduction,” Harrison Wallace, Virginia Policy Coordinator and Coastal Campaigns Manager at the Chesapeake Climate Action Network.

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CONTACT:
Sumer Shaikh, sumer.shaikh@sierraclub.org, (774) 545-0128
 

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.

Coalition Filings Could Halt Fracked Gas Pipeline Construction

Advocates for Clean Air and Water Seek Stay on Atlantic Coast Pipeline Pending Court Decision


RICHMOND, VA
— Today, a coalition of environmental advocates filed two requests to stop construction of the controversial fracked gas Atlantic Coast Pipeline (ACP) in the US Court of Appeals for the 4th Circuit. The first is a motion to stay construction pending the court’s decision on the merits in an existing case for which the Federal Energy Regulatory Commission (FERC) has challenged the court’s jurisdiction. The second is a petition for relief under the All Writs Act, asking the court to halt construction pursuant to the FERC Certificate pending FERC’s resolution of the coalition’s request for rehearing, which FERC contends is still pending despite the fact that the agency is allowing construction of the ACP to proceed pursuant to the challenged Certificate. The second is filed in the alternative to the first and asks that the court act on it only if it agrees with FERC that the court does not have jurisdiction over the petition for review.
These filings challenge FERC’s failure to demonstrate that the pipeline is actually needed by the public. The groups contend that the overwhelming evidence shows the true purpose of the ACP is to provide profits for the shareholders of the pipeline’s financial backers, Duke and Dominion, at the expense of those utilities’ ratepayers. The effect of the filings would be a halt to the construction of the ACP until the court considers the coalition’s existing challenges to the FERC certificate that authorizes construction. FERC and ACP have ten days to respond.
Attorneys with Appalachian Mountain Advocates filed the litigation on behalf of the Sierra Club, Appalachian Voices, the Chesapeake Climate Action Network, and Wild Virginia.

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

“The fracked gas Atlantic Coast Pipeline is dirty, dangerous and unnecessary and not a single foot of it should be built until the families and the communities that would be threatened by this project have their day in court.”

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

“We know the Atlantic Coast Pipeline would scar pristine mountains, damage water quality, and dramatically increase greenhouse gas emissions that contribute to climate change. Yet FERC is trying to force it through without even allowing opponents their day in court. This is undemocratic and un-American and can’t be allowed.”

Peter Anderson, Virginia Program Manager for Appalachian Voices:

“The system has been rigged for years against citizens who want to challenge these interstate natural gas pipelines, which pose long-term threats to communities. FERC can essentially put legal challenges on ice while letting construction proceed, so by the time citizens have their day in court, a pipeline may be in full operation. It’s absurd, and utterly unfair. We will continue to fight to protect these communities.”

David Sligh, Conservation Director, Wild Virginia:

“For FERC to allow damage to the environment and assaults on our communities without all approvals in place and legal questions settled is irresponsible and is an assault on the way our government is supposed to work. We’ve seen where people and natural resources in Pennsylvania were harmed by premature construction activities for the Constitution Pipeline, a project that will likely never be built. FERC should be ashamed of that case and it should never be repeated.”

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Contact:
Doug Jackson: 202.495.3045, doug.jackson@sierraclub.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 (Appalmad) 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. The organization represents scores of landowners and grassroots organizations challenging four unnecessary interstate pipelines in Virginia, West Virginia, and Pennsylvania. Appalmad has worked for nearly 20 years to ensure the fossil fuel industry cannot continue to dump its costs of doing business onto the public. For more information, visit www.appalmad.org.
About Wild Virginia
Wild Virginia works to preserve and support the complexity, diversity, and stability of natural ecosystems by enhancing connectivity, water quality and climate in the forests, mountains, and waters of Virginia through education and advocacy.