Sierra Club legal case challenging Dominion Resources brings activists from across Maryland in show of support

100 demonstrators gather with placards to ask appeals court for justice as Dominion seeks to fast-track massive fossil fuel export facility on the Chesapeake Bay

ANNAPOLIS—Demonstrators from across Maryland gathered at the steps of an Annapolis courthouse Wednesday to support the Sierra Club in a landmark case that could determine the long-term scope and size of gas “fracking” in Maryland and surrounding states. As demonstrators waved placards and held banners outside, oral arguments began inside the courthouse on the Sierra Club’s case challenging Dominion Resources’ plan to export natural gas to Asia through the mouth of the Chesapeake Bay.

Maryland Sierra Club director Josh Tulkin told demonstrators that Dominion, in proposing a $3.8 billion plant in Calvert County to liquefy and export gas from as far away as Ohio, is breaking an explicit and pre-existing legal agreement with the environmental group. That agreement gives the Sierra Club the ability to reject any significant changes to the purpose or “footprint” of the company’s existing facility that presently only imports liquefied natural gas (LNG) from overseas. The facility is located at Cove Point in southern Calvert County.

“For three decades, the Sierra Club has been working to protect the natural beauty of the Chesapeake Bay coastline,” said Josh Tulkin, director of the Maryland Sierra Club. “Our pre-existing legal settlement with Dominion gives us the right and the responsibility to protect this region for generations to come. Exporting natural gas is a threat to Calvert County and all of Maryland, and for that reason we are exercising the veto power given to us in this existing agreement, and we are encouraged by the broad public support we are receiving in this fight.”

The outcome of the lawsuit, before the Maryland Court of Special Appeals, could greatly affect the controversial new market for “fracked” gas. Activists say that, if built, the massive Dominion export facility (equal in cost to 12 NFL Ravens football stadiums), would incentivize a huge new wave of hydraulic fracturing – or fracking – for gas throughout the region, including potentially across central and southern Maryland and the Eastern Shore.

But Tulkin expressed optimism that the Maryland Court of Special Appeals would side with the Sierra Club and rule that Dominion is violating the plain language of its previous agreement with the group. Oral arguments were expected to conclude by Wednesday afternoon, and a decision is expected in the coming months. The Sierra Club is appealing a previous judgment by the Calvert County Circuit Court.

“This is more than a legal issue, it’s a moral issue,” said Joelle Novey, director of Interfaith Power and Light (MD.DC.NoVA). “We believe justice must and will be done by this court to protect the integrity of our legal system and our state’s ecosystem.”

Beyond the legal challenge, Dominion has many other hurdles ahead for its gas “liquefaction” plant.

“In addition to convincing the court today that they’re not violating the terms of an earlier settlement agreement with the Sierra Club, Dominion still has to convince state and federal regulators that this project is in the public interest, all while convincing investors that their proposed LNG export terminal is a good bet,” said Jocelyn D’Ambrosio, an Associate Attorney with EarthJustice, which is representing groups challenging the plan before the Federal Energy Regulatory Commission. “While it remains to be seen how Dominion will fare in the legal and financial arenas, as a growing number of residents and elected officials line up to oppose and raise questions about this massive industrial project, it’s increasingly clear that Dominion has failed to convince the public that this project won’t harm the people of Maryland, our climate, and the treasured Chesapeake Bay.”

Sue Allison, a Calvert County resident and local activist, joined the demonstration in hopes of keeping her cherished Cove Point Woods neighborhood from becoming the latest gas industry sacrifice zone. “Why should Southern Calvert residents get stuck with the smoggy end of a pollution credit trading deal, just so Dominion shareholders can get a bigger dividend?” said Allison, addressing the crowd of demonstrators.

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