Photo by Caroline Hansley
Guest blog post by Ridge Graham and Jessica Sims of Appalachian Voices. Read the full blog post here.
The Virginia State Water Control Board met on Tuesday, December 14 in Richmond, where opponents gathered before the meeting, carrying a banner that read: “It’s time to choose our future.” The meeting included deliberation of the U.S. Clean Water Act 401 permit for the Mountain Valley Pipeline (MVP).
Although MVP’s 300-plus violations of water quality standards make it evident the company cannot construct this pipeline without harming water resources, the DEQ minimized the concerns of the over 2,000 individuals who submitted comments in opposition in their staff presentation at the meeting.
A recent report from Wild Virginia places the actual number of violations at three times that amount. As reflected in the submission from Appalachian Voices and over 900 of our members and supporters during the public comment period, the application had insufficient data and provided no assurance construction will comply with state water quality standards.
DEQ used procedural privilege to prohibit public engagement and forbid commenters the chance to respond to misleading materials prepared for board members.
During the proceedings, DEQ staff were unable to directly answer questions from board members about environmental justice analysis and sufficient LEDPA (Least Environmentally Damaging Practicable Alternative) data. Within the summary response to comments, DEQ staff insulted the public by mischaracterizing valid concerns.
Alarmingly, DEQ’s water permitting director claimed there were no “fenceline communities,” or communities directly adjacent to or impacted by the project. Certainly, anyone living in a blast zone, or whose private drinking water source or well has been impacted by construction is in a fenceline community. DEQ’s mischaracterization of the negative impacts from the Mountain Valley Pipeline showed their propensity to regulate harm, rather than prevent it.
Ultimately, three of the five board members present granted new permission for Mountain Valley Pipeline to pollute and continue harming the communities of Southwest Virginia. (Board members Paula Jasinski and Ryan Seiger dissented. Board Chair Heather Wood, and member Jillian Cohen were absent).
Although this outcome is deeply disappointing, Mountain Valley Pipeline continues to face a volatile and uncertain future. Having lost a key authorization for the Southgate extension, the project may need to pursue a new compressor station along the mainline route, adding more delay and scrutiny to the proceedings.
MVP also faces many regulatory and legal roadblocks. The ruinous pipeline is missing a 401 authorization from the West Virginia Department of Environmental Protection, a 404 authorization from the U.S. Army Corps, and awaits decisions from the Fourth Circuit Court regarding the U.S. Forest Service case concerning Jefferson National Forest and the Fish & Wildlife Service case concerning the Endangered Species Act.
Additionally, MVP’s request to bore under waterways in West Virginia and Virginia has gone unanswered by the Federal Energy Regulatory Commission.
We are deeply thankful for everyone who continues to support the communities impacted by this extractive, harmful fossil fuel project. Appalachian Voices remains in solidarity with those impacted by Mountain Valley Pipeline, and we will continue to fight until the project is canceled.
Read more about this project on Appalachian Voices’ website.