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Kirk BowersPipelines Conservation Program Coordinator Phone: 434-296-8673 Email: kirk.bowers[at]sierraclub.org |
Pipelines Update
On September 17, 2018, the Federal Energy Regulatory Commission lifted the stop work order for the Atlantic Coast Pipeline issued on August 10. The FERC Notice was based on the issuance of new permits for the National Park Service and the Fish and Wildlife Service.
- On September 11, 2018, the FWS issued a revised Biological Opinion (BO), which included a modified Incidental Take Statement for the ACP
- Additionally, on September 14, 2018, the NPS issued a new right-of-way permit for crossing the Blue Ridge Parkway
The Third Annual Hands Across the Appalachian Trail gathering was held on September 22, 2018 which demonstrated our opposition to the crossings of the Appalachian Trail by the MVP and ACP. More than 160 people attended at three locations, Bears Den in Northern Virginia, Humpback Rocks on the Blue Ridge Parkway and the AT trailhead, Pearisburg, VA. See photos and video of events at:
Hands Across the Appalachian Trail photos
The Fourth Circuit Court of Appeals in Richmond heard oral arguments for three pipeline cases on September 27, 2018. The first case challenged the sufficiency of Nationwide Permit 12 to address MVP impacts on water quality; the second case involved the challenge to the VA Water Control Board Section 401 certification for the ACP; and the Third hearing was a challenge to the Forest Service's permit allowing the ACP to cross national forests. Attorneys from Sierra Club Environmental Law Program, Appalachian Mountain Advocates and Southern Environmental Law Center argued before a three judge panel.
The Court vacated, in its entirety, the Corps’ verification of the MVP compliance with NWP 12 for the Huntington District in West Virginia on October 2. Ten days later, the Corps of Engineers voluntarily withdrew the NWP 12 permit for the Norfolk District in Virginia. All construction work in streams and wetlands was stopped for the MVP.
The Mountain Valley Watch (MVW), a group of volunteers observing construction of the MVP, reported more than 500 incidents of erosion problem areas along the MVP since May 2018. The violation reports include failed erosion control measures, lack of maintenance of erosion control devices and failure to install erosion control. Violation reports are frequently submitted by the MVW to the Virginia Department of Environmental Quality (DEQ) for erosion problems. DEQ has ignored or denied that there are numerous erosion problems along the MVP corridor.
October 19, the Virginia Department of Environmental Quality (DEQ) approved the Erosion and Sediment Control, Stormwater, Management, and Karst Protection plans for the Atlantic Coast Pipeline (ACP). With the approval of these plans, Virginia's upland Section 401 Clean Water Act Certification becomes effective. The ACP project now has authorization from the Commonwealth of Virginia to begin construction. Final approval to begin construction is subject to approval by the Federal Energy Regulatory Commission (FERC). It is anticipated that Dominion Energy application to FERC to commence construction is imminent.
The Virginia Air Quality Board had a public hearing on November 8 for the ACP Buckingham County compressor station air quality permit. The compressor station was placed in the African American community of Union Hill, a community of historic value dating back to the 1700’s which became a freedman community after the Civil War. The Board has authority to issue the air quality permit for the compressor station. The decision to delay approval or denial of the permit until the December 10 meeting of the airboard was made on November 9. The following week, Gov. Northam replaced two members of the air board. Siting of the compressor station in a minority, low income community is an injustice that is strongly opposed by the local community.
1) Why the Sierra Club opposes fracked gas pipelines
The Sierra Club is working with our coalition partners and thousands of Virginia citizens to stop and oppose the Atlantic Coast and Mountain Valley Pipelines. These pipelines will harm our communities and our environment. Some of the reasons for opposing the pipelines are:
- Pipelines will damage water quality with increased sediment and chemical pollution due to construction crossing numerous watersheds, rivers, streams, springs, wetlands and riparian areas.
- Pipelines increase our dependence on fracked gas and will generate at least 95 million tons/year of greenhouse gas emissions.
- Use of eminent domain to acquire rights of way that landowners are unwilling to grant and causing significant decreases in property values.
- Pipelines cross unstable and unsafe karst geology in numerous counties in Virginia.
- The pipelines fragment more than 50 miles of National Forest property and cross the nationally known and highly popular Blue Ridge Parkway, the Great Eastern Trail, and the iconic Appalachian Trail.
- Compressed natural gas pipelines flowing at high pressure often leak and can explode.
Environmental Justice
The pipelines cross through the rural Appalachia and Piedmont regions of Virginia. Properties crossed by the pipelines include a disproportionate number of low income, elderly landowners with few resources to challenge the taking of their properties. The Atlantic Coast Pipeline, in particular, will have severe consequences for an African-American community in Buckingham County. The historic freedman community of Union Hill is scheduled to be the site of a massive compressor station. This 53,000 horsepower facility would operate 24/7, emitting around 350 tons of air pollutants each year. This is a clear case of environmental injustice.
2) Pipeline Maps
Atlantic Coast Pipeline Interactive Map
Mountain Valley Pipeline Comprehensive Story Map
3) Recent news (more can be found at the News Archive)
Pipeline opponents join in song on Appalachian Trail
Appeals court vacates permit for Mountain Valley Pipeline
Court ruling delivers setback to Mountain Valley Pipeline
Pipeline Construction in Augusta Remains Stalled
Farm Bureau approves anti-pipeline resolution
Opponents seek a stop to 'reckless' construction of Mountain Valley Pipeline
In Virginia, local pipeline votes come with economic stakes attached
Edging closer: Atlantic Coast Pipeline gets state go-ahead
4th Circuit orders temporary halt to Atlantic Coast Pipeline
Dominion CEO: Stop work order may increase Atlantic Coast Pipeline cost to $7B
Boyle and Shabazz column: Does Governor Northam care about environmental justice?
The con at the heart of the Atlantic Coast Pipeline
Advisory council asks Northam to stop pipeline work, but governor passes
4) Photos and videos
Mountain Valley Watch You Tube photos and videos
Fracking 101: why fracked gas is dirty and dangerous | Sierra Club Video - YouTube