Advocates & Elected Officials Rally in Support of State of Maryland’s Defense Against Columbia Gas Lawsuit

Organizations and elected officials held a press conference to show support for the state’s legal defense against Columbia Gas’ attempted land grab 

Baltimore, MD — Today, August 13th, state and local elected officials and advocates gathered in front of the Edward A. Garmatz U.S. Courthouse to support the Maryland Department of Natural Resources’ “motion to dismiss” the eminent domain lawsuit by Columbia Gas Transmission, a subsidiary of TransCanada. Columbia Gas is suing to force the state to allow it to build a highly controversial fracked-gas pipeline underneath the Western Maryland Rail/Trail. In January, the Governor Hogan and the Maryland Board of Public Works unanimously rejected this right-of-way easement for what is known as the “Potomac Pipeline” project.

Facebook Live video available to watch here

High-res photos available upon request

Advocates held a mock “people’s court” with speakers serving as witnesses to explain that Columbia Gas is guilty of endangering the drinking water for millions and going against the will of the people and elected officials of Maryland. Activists called on Columbia Gas to stop their attempt to override the State’s sovereignty and energy policy and for the federal court to dismiss the case.

This pipeline has faced two years of sustained opposition from the public, grassroots groups, and legislators representing Maryland, West Virginia, and DC. Last month, 62 Maryland Legislators released a public letter opposing the lawsuit and supporting the state’s legal defense. 

QUOTES

Delegate Lorig Charkoudian, District 20:

“As legislators, it’s our job to represent Marylanders and that’s why we strongly oppose a private corporation’s attempt to seize a public park, owned by the state and used regularly by Marylanders for bicycling, hiking, jogging, and inline skating, through the extraordinary power of eminent domain. Back in January, Maryland unequivocally denied Columbia Gas the right to use this land to build their pipeline. We continue to stand with Marylanders to tell Columbia Gas that we don’t want your unnecessary and harmful pipeline in our state.”

Patrick Grenter, Senior Campaign Representative of Sierra Club:

“Over and over again, Marylanders have stood up to say they don’t want fracking, they don’t want fracked gas, and they don’t want Columbia Gas’ dirty pipeline. We’re holding this rally in hopes that Columbia Gas will finally get the message — keep your dirty, dangerous pipeline out of Maryland.”

Brooke Harper, Maryland Director of the Chesapeake Climate Action Network: 

“Our governor, our legislators, and Maryland residents have repeatedly rejected this pipeline. It’s enraging that Columbia Gas wants to force this dirty fracked gas pipeline underneath America’s River. We hope the courts will stand with the people today and dismiss Columbia Gas’ attempt to override our democracy for a dangerous fracked-gas pipeline.”

Brent Walls, Upper Potomac Riverkeeper

“Columbia Gas is a corporate ‘bully’ that uses its fabricated need of fracked gas for corporate gains to their international shareholders. Columbia gas is guilty of pushing homeowners into signing contracts on a pipeline that not only endangers their drinking water, but their safety as well. And now, Columbia Gas is bullying the State of Maryland to give up it’s sovereign rights to state property.”

Tracy Cannon of Eastern Panhandle Protectors:

“Columbia Gas is guilty of working to build this poisonous pipeline with Mountaineer Gas of WV. This pipeline would be a dedicated line to one place- the highly polluting Rockwool insulation factory in the Eastern Panhandle of West Virginia.”

CONTACT:
Doug Jackson, Sierra Club, 202.495.3045, doug.jackson@sierraclub.org 
Denise Robbins, Chesapeake Climate Action Network, 240.630.1889, denise@chesapeakeclimate.org 

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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 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 Chesapeake Climate Action Network:

The Chesapeake Climate Action Network is the oldest and largest grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region. For 16 years, CCAN has been at the center of the fight for clean energy and wise climate policy in Maryland, Virginia, and Washington, D.C. For more information, visit www.chesapeakeclimate.org 

About the Potomac Riverkeeper Network:

Potomac Riverkeeper Network is a registered 501(c)3 non-profit organization with three regional Waterkeeper branches: Potomac Riverkeeper, Upper Potomac Riverkeeper and Shenandoah Riverkeeper. Our mission is to protect the public’s right to clean water in our rivers and streams. We stop pollution to promote safe drinking water, protect healthy habitats, and enhance public use and enjoyment. For more information, visit http://www.potomacriverkeepernetwork.org. 

New Lawsuit Launched Against Mountain Valley Pipeline

RICHMOND, Va. — Conservation groups today launched a lawsuit challenging the U.S. Fish and Wildlife Service’s approval of the Mountain Valley Pipeline (MVP). The petition for review of the project was filed with the Fourth Circuit Court of Appeals in Richmond. 

The Fish and Wildlife Service, which administers the Endangered Species Act, issued an opinion that allowed the pipeline to move forward — despite its serious threats to endangered species. The agency failed to accurately measure the pipeline’s impacts on endangered wildlife like the iconic Roanoke logperch and failed to set limits for how many threatened and endangered bats can be harmed or killed. 

The lawsuit seeks to vacate the Service’s decision and force the agency to re-evaluate the project’s impact. The groups argue that construction on the already-foundering pipeline should stop until that process is complete. 

Today, the groups also sent a letter to the agency requesting that it stay the biological opinion and incidental take statement pending court review. The species at issue include the Roanoke logperch, Indiana bat and Northern long-eared bat. The suit was filed by the Sierra Club on behalf of Wild Virginia, Appalachian Voices, Preserve Bent Mountain/BREDL, Defenders of Wildlife, Center for Biological Diversity, and Chesapeake Climate Action Network. 

Additionally, MVP does not have Clean Water Act authorization to cross streams and wetlands from the Army Corps, and does not have necessary U.S. Forest Service and Bureau of Land Management authorizations.

In response, Sierra Club Staff Attorney Elly Benson released the following statement:

“The fracked gas Mountain Valley Pipeline puts several endangered species in harm’s way, while serving only to line the pockets of polluting corporations. MVP has proven it can’t build this unnecessary pipeline without devastating streams and rivers, as well as the forest habitats of  Appalachia. The public should be able to trust that the U.S. Fish and Wildlife Service is making protection of endangered species its highest priority, but it fell short of that obligation here.”

David Sligh, Conservation Director for Wild Virginia stated:

“The U.S. Fish and Wildlife Service, like numerous other government agencies tasked with protecting the public and our resources, failed to do its job. Citizens cannot and will not accept actions that endanger the future of some of our rarest and most precious wildlife species. This destructive pipeline has already caused great damage to the environment and the public and it must be stopped before that damage gets worse.”

Roberta Bondurant, Preserve Bent Mountain/BREDL, said:

“Our mountain communities continue to witness MVP ravage the forest, field, stream and wetland sanctuaries of species that have supposedly been protected by federal law. We ask USFWS and the courts to do no more—and no less—than uphold that law through a critical review of the Biological Opinion. At best, the writers of that document ignored evidence of MVP construction as a threat to species survival—survival which will ultimately implicate our own.”

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

“The U.S. Fish and Wildlife Service has proven its carelessness in forcing through a permit for the similarly destructive Atlantic Coast Pipeline. We have seen this same carelessness in the Service’s permit for the Mountain Valley Pipeline. This pipeline has already wreaked havoc on the landscape; it must not be allowed to continue to jeopardize the existence of our invaluable endangered species.” 

Jared Margolis, Center for Biological Diversity senior attorney, said:

“This pipeline is a major threat to the Roanoke River system and the people and imperiled species that rely on it. Regulators can’t keep shrugging off the environmental harms of pipeline projects. We need to stop destroying habitats and waterways for fossil fuels that are driving the climate catastrophe.”

Jason Rylander, Senior Endangered Species Counsel for Defenders of Wildlife, said:

“The Mountain Valley Pipeline poses an enormous threat to the fish, wildlife, forests, and people in its path. The Trump administration and the U.S. Fish and Wildlife Service fast-tracked this project and failed to properly evaluate its impact on imperiled species. The Service needs to reconsider its biological opinion and further construction of this environmentally destructive project should cease before iconic species and landscapes are lost forever.” 

Contact: Doug Jackson, Sierra Club, (202) 495-3045 or doug.jackson@sierraclub.org
Jared Margolis, Center for Biological Diversity, (802) 310-4054, jmargolis@biologicaldiversity.org

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CCAN Statement: Offshore Wind Staging Center to Make Green Jobs in Baltimore A Reality

SPARROWS POINT, MD — Yesterday, officials with Tradepoint Atlantic and Orsted U.S. Offshore Wind announced the construction of Maryland’s first offshore wind energy staging center in Baltimore County. 

Mike Tidwell, Director of the Chesapeake Climate Action Network, stated in response: 

“The promise of high-quality green jobs in Baltimore from Maryland’s burgeoning offshore wind industry is no longer just a promise. As of Tuesday, it became a reality with the announcement of 1400 new jobs to come with Orsted’s offshore wind energy staging center planned for Baltimore County.

“We are delighted that this facility will be built at the site of a former steel mill in Sparrows Point, where jobs are sorely needed. Now we will not only bring 120 megawatts of good, clean electricity powered by the ocean winds to 35,000 Maryland homes, but we will also see an economic boon in the Baltimore region. 

“We congratulate all involved, including former Governor Martin O’Malley and his staff, who worked tirelessly with advocates during his administration to create this vision for offshore wind jobs in Maryland.”

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CONTACT:
Denise Robbins, Communications Director, 240-630-1889, denise@chesapeakeclimate.org
Mike Tidwell, Director, mtidwell@chesapeakeclimate.org

The Chesapeake Climate Action Network is the oldest and largest grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region. For 17 years, CCAN has been at the center of the fight for clean energy and wise climate policy in Maryland, Virginia, and Washington, D.C. 

Maryland Legislators Release Open Letter Opposing Columbia Gas Lawsuit to Seize Public Lands for Dangerous “Potomac Pipeline”

Sign-on Letter Comes Day After AG Files Motions/Briefs to Fight Back Against Attempted Land Grab

ANNAPOLIS, MD — Today, 62 Maryland legislators released a letter publicly opposing Columbia Gas’ attempt to seize through eminent domain the right-of-way to build a highly controversial fracked-gas pipeline underneath the Western Maryland Rail/Trail. The legislators also declared their support for the Department of Natural Resources’ defense against this lawsuit. In January, the Maryland Board of Public Works unanimously rejected this right-of-way easement for what is known as the “Potomac Pipeline” project.
This letter comes the day after the Office of the Attorney General, representing the Department of Natural Resources, filed a response in opposition to Columbia Gas’s motion for a preliminary injunction and a motion to dismiss the entire case. The State argued in its response that “the pipeline project directly contravenes not only the State’s sovereignty, but also the State’s energy policy” and asked the federal court to dismiss the case.
This pipeline has faced two years of public opposition from the public, grassroots groups, and legislators representing Maryland, West Virginia, and DC. In December, 63 Maryland legislators called on Governor Hogan, Treasurer Nancy Kopp, and Comptroller Peter Franchot to reject the easement to build underneath the Rail Trail. Dozens of activists also rallied at the Western Maryland Rail/Trail in Hancock on May 30th after the Columbia Gas filed the complaint.
Surface and ground waters can suffer long-term harm during the construction of fracked-gas pipelines. A drilling blowout can release toxic drilling chemicals into the soil and adjacent waters and construction can alter routes and rates of water flow. Once in operation, gas pipelines continue to pose contamination dangers. Gas leaked from a pipeline includes toxic chemicals and a pipeline failure can release methane, an explosive safety hazard and a potent greenhouse gas.

QUOTES

Delegate Lorig Charkoudian, District 20
“My colleagues and I are fully committed to protecting Marylanders and our environment. We are outraged at the attempt being made by a private corporation to seize a public park through the extraordinary power of eminent domain. The plan to put a pipeline under the Potomac River puts our public health and our environment at risk. In January, Maryland unequivocally denied Columbia Gas the right to use this land to build their pipeline. We continue to stand with Marylanders to tell Columbia Gas that we don’t want your unnecessary and harmful pipeline in our state.”
Delegate David Fraser-Hidalgo
“In 2017 I was the lead sponsor of the legislation that banned fracking in Maryland. This bill passed with bipartisan support and was welcomed and signed into law by Governor Hogan. The fracking ban was passed in order to protect our water supply and the health of Marylanders. Columbia Gas is attempting to circumvent the will of Maryland by pumping fracked gas from other states through our communities. A fracked gas pipeline serves absolutely no purpose for Maryland and in fact only places Marylanders in peril.”
Josh Tulkin, Director of the Maryland Sierra Club
“Marylanders have said time after time that we don’t want fracking, we don’t want fracked gas, and we don’t want Columbia Gas’ dirty pipeline. This letter signed by legislators from across Maryland shows how united we are against it, because our water, climate, and communities are too important to let polluting corporations run roughshod through our state. Columbia Gas may put their profits over our people, but we applaud the 62 Maryland legislators who are standing up for Marylanders.”
Brooke Harper, Maryland Director of the Chesapeake Climate Action Network.
“Marylanders have consistently opposed the threats that fracked-gas pipelines pose to our health, water, climate, and communities. We shouldn’t be deepening our dependence on dirty fuels such as fracked gas at a time when clean, renewable energy is abundant and affordable. That’s why we applaud the state for doing everything in its power to fight back against Columbia Gas’s attempted land grab, why we thank the legislators who stand with us and not Columbia Gas.”
Brent Walls, Upper Potomac Riverkeeper
“For over two years voices from the community rose up together to oppose the Potomac Pipeline. Voices from Maryland, West Virginia, Pennsylvania, and the DC area stood together as neighbors, as friends to defend  against an unnecessary pipeline that threatens the drinking water and the quality of life for 1000’s of their neighbors. Columbia gas does not care what the people want or that the State of Maryland has made a choice to say no to the pipeline. So the community that rose up to fight against columbia gas and their fracked gas pipeline, stands in solidarity with the state of Maryland.”
 
CONTACT:
Doug Jackson, Sierra Club, 202.495.3045, doug.jackson@sierraclub.org
Denise Robbins, Chesapeake Climate Action Network, 240.630.1889, denise@chesapeakeclimate.org
Delegate Lorig Charkoudian, 410-227-4941, Lorig.Charkoudian@house.state.md.us

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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 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 Chesapeake Climate Action Network:
The Chesapeake Climate Action Network is the oldest and largest grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region. For 16 years, CCAN has been at the center of the fight for clean energy and wise climate policy in Maryland, Virginia, and Washington, D.C.  For more information, visit www.chesapeakeclimate.org
About the Potomac Riverkeeper Network:
Potomac Riverkeeper Network is a registered 501(c)3 non-profit organization with three regional Waterkeeper branches: Potomac Riverkeeper, Upper Potomac Riverkeeper and Shenandoah Riverkeeper. Our mission is to protect the public’s right to clean water in our rivers and streams. We stop pollution to promote safe drinking water, protect healthy habitats, and enhance public use and enjoyment. For more information, visit http://www.potomacriverkeepernetwork.org.

Another Judge Sides with Marylanders against GenOn’s Attempts to Roll Back Clean Water Protections

FOR IMMEDIATE RELEASE: Monday, June 10, 2019
Contact: 

Emily Pomilio, emily.pomilio@sierraclub.org, (480) 286-0401
Ari Phillips, aphillips@environmentalintegrity.org, (202) 263-4456
Anne Havemann, anne@chesapeakeclimate.org, (240) 396-2146
Fritz Schneider, fritz@prknetwork.org, (301) 728.4811

Another Judge Sides with Marylanders against GenOn’s Attempts to Roll Back Clean Water Protections

A victory for local community members, environmentalists, and state regulators

Montgomery County, MD —  Two weeks after a Maryland Circuit Court ruled against a coal company’s efforts to block clean water safeguards at its Chalk Point power plant in Prince George’s County, another Circuit Court judge rejected the same company’s attempt to challenge a  Clean Water Act permit for its Dickerson plant in Montgomery County.

After a strong push from local residents and organizations supportive of clean water, the Maryland Department of the Environment (MDE) finalized updated Clean Water Act permits for three of Maryland’s six coal-fired power plants.  The permits issued in 2018 incorporated new federal limits on several toxic pollutants including:

  • Arsenic, a known carcinogen and neurotoxin;

  • Mercury, another potent neurotoxin;

  • Selenium, which is toxic to aquatic life; and

  • Nitrogen, which causes algae blooms and dead zones in the Chesapeake Bay.

The limits are set to take effect next year. GenOn Energy, the owner of the three facilities, challenged  the permits for its Dickerson (Montgomery County), Morgantown (Charles County), and Chalk Point (Prince George’s County) coal-fired power plants. The permits are being defended in court by the MDE and by a coalition of clean water advocates represented by attorneys with the Environmental Integrity Project. Only the permit for the Morgantown plant has yet to be decided on by the court.

On June 7, 2019, the court entered an order affirming MDE’s permit for the Dickerson plant, denying all relief requested by GenOn, and finding that the clean water advocates were entitled to fully participate in the appeal as parties – a point that was challenged by GenOn.

Various organizations released their comments on the decision below:

“Maryland courts have now twice denied GenOn and should surely deny the company’s attempt to avoid accountability at its Morgantown facility,” said David Smedick, Campaign and Policy Director Maryland Chapter of the Sierra Club. “Coal plant owners have resisted these common sense, affordable pollution controls and have instead opted to pursue fruitless appeals with teams of lawyers. GenOn needs to hear the call: Marylanders are done with coal’s dirty pollution.”

“Another Maryland court has confirmed that the law does not support GenOn’s foot-dragging.” said Sylvia Lam, Attorney with the Environmental Integrity Project. “GenOn wanted more time to continue discharging toxic pollution into Maryland waterways – in this case, the Potomac River – and so far, the courts in Prince George’s and Montgomery Counties have denied GenOn’s attempts to resist necessary technology upgrades.”

“This ruling is a win for the Potomac River and Marylanders who recreate and make their living from it,” said Phillip Musegaas, Vice President Programs and Litigation for Potomac Riverkeeper Network. “It’s high time Dickerson and other coal plants are held to the strictest standards to keep toxic pollution out of our rivers.”

“There’s no debate that toxic metals in our state’s waterways are incredibly harmful,” said Anne Havemann, General Counsel, Chesapeake Climate Action Network. “GenOn wanted to keep discharging pollutants that can cause risk of cancer, lower IQ among children, and create deformities and reproductive harm in fish and wildlife. We applaud the two Maryland Circuit Courts that have done the right thing by protecting our communities from the harms of coal and look forward to a similarly positive result from the Charles County court.”

“After MDE finalized its new permits, we had to continue our fight for clean water in the courtroom because GenOn was looking to continue dumping excessive levels of toxins into the Potomac River,” Brian Ditzler, a Montgomery County resident said. “It’s heartening to see that the Circuit Court agrees that  the cleanliness of the water we drink and the health of our residents takes precedence over the profits of the coal plant owner. We won’t stop pushing until we have truly coal-free water.”

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Dozens Rally to Oppose Condemnation Lawsuit by Columbia Gas to Construct Pipeline Through Public Lands

FOR IMMEDIATE RELEASE: May 30, 2019
CONTACT:
Stacy Miller, 518-852-0836, stacy@chesapeakeclimate.org
Fritz Schneider, Potomac Riverkeeper, 301-728-4811, fritz@prknetwork.org
Brooke Harper, Maryland State Director, 301-992-6875, brooke@chesapeakeclimate.org
Doug Jackson, Sierra Club, 252.432.9716, doug.jackson@sierraclub.org

Dozens Rally to Oppose Condemnation Lawsuit by Columbia Gas to Construct Pipeline Through Public Lands

Concerned Residents Look to Hogan Administration to Fight Back Against Columbia Gas’s “Corporate Takeover of Maryland’s Public Land”

HANCOCK, MD — Today, dozens of activists rallied to oppose Columbia Gas’s complaint in condemnation for the right-of-way to build a highly controversial fracked-gas pipeline underneath the Western Maryland Rail/Trail. Known as the “Potomac Pipeline,” this pipeline would drill under the Potomac River and put the drinking water of 6 million people at risk. In January, the Maryland Board of Public Works unanimously rejected this right-of-way easement for the project, which is proposed by a subsidiary of notorious energy company TransCanada.

See photos and video from this event here. 

“Such a corporate takeover of Maryland’s public land has never been attempted in Maryland before,” said Brooke Harper, Maryland Director of the Chesapeake Climate Action Network. “The people of Maryland said no to this pipeline, Governor Hogan said no to this pipeline, the entire state has said no to this pipeline. So it seems this fracking giant has resorted to pulling the rug from under us. We support the Hogan Administration’s decision and will stand with them in the fight to protect state land from this harmful and unnecessary pipeline.”
Brent Walls, Upper Potomac Riverkeeper, said, “We cannot let a private company take public land for profit, especially for the unnecessary Potomac Pipeline which risks the quality of life and drinking water for thousands of Marylanders.  Governor Hogan and the Board of Public Works were right last January when they denied the easement that Columbia Gas is now seeking through its lawsuit.”
The group gathered at the Rail Trail entrance in Hancock, Maryland, carrying banners and signs and chanting “Hey hey, ho ho, Columbia Gas has got to go!”.
The Board of Public Works, which includes Governor Larry Hogan, State Treasurer Nancy Kopp and Comptroller Peter Franchot, is responsible for protecting Maryland’s “public works,” including state-owned land. It rejected TransCanada’s proposal in January citing the fact that Maryland stood to bear no benefits of the pipeline and all of the harm. The company is now attempting to seize the land through eminent domain proceedings in federal court. To our knowledge, no pipeline company has ever tried to condemn state-owned land in Maryland.
Patrick Grenter, Senior Campaign Representative for the Sierra Club, said: “These polluting corporations just don’t get it. Maryland has already banned fracking and unanimously rejected this fracked gas pipeline. We don’t know how to make it any clearer – we don’t want fracking, we don’t want fracked gas, and we certainly don’t want TransCanada’s dirty, dangerous Potomac Pipeline. TransCanada may put their profits ahead of our water, climate, and communities, but Maryland puts Marylanders first.”
“This pipeline is being built by, and for the benefit of, powerful multinational corporations,” said Tracy Cannon of the Eastern Panhandle Protectors. “On this end, here in Maryland, Canadian multinational, Transcanada is the owner of Columbia Gas, the company trying to sue the state for the right to build the pipeline. On the other end, Danish multinational, Rockwool, would buy the fracked gas to fuel its toxic factory in Jefferson County, West Virginia. On both ends, we the people understand what an abuse of corporate power this project is and we are fighting back in every way we can.”
This pipeline has faced two years of intense opposition to the pipeline from grassroots groups statewide, as well as a growing list of legislators. In December, a letter signed by 63 Maryland legislators called on Governor Hogan to reject the easement to build underneath the Rail Trail. “Given that Maryland has banned fracking, it defies our state’s existing energy policy to bring the same public health risks to our residents by way of a pipeline,” the legislators stated.
Surface and ground waters can suffer long-term harm during the construction of fracked-gas pipelines. A drilling blowout can release toxic drilling chemicals into the soil and adjacent waters and construction can alter routes and rates of water flow. Once in operation, gas pipelines continue to pose contamination dangers. Gas leaked from a pipeline includes toxic chemicals and a pipeline failure will release explosive methane.

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Judge Sides with Community on Coal Company’s Attempt to Roll Back Clean Water Protections

Upper Marlboro, MD —  A Maryland Circuit Court ruled in favor of local community members, environmentalists, and state regulators on a power plant owner’s efforts to block safeguards protecting clean water at the Chalk Point power plant in Prince George’s County.

Clean Water Act permits issued to three Maryland coal plants in 2018 incorporated new federal limits on several toxic pollutants including:

  • Arsenic, a known carcinogen and neurotoxin;

  • Mercury, another potent neurotoxin;

  • Selenium, which is toxic to aquatic life; and

  • Nitrogen, which causes algae blooms and dead zones in the Chesapeake Bay.

The limits are set to take effect next year. GenOn Energy, the owner of the three facilities, challenged the permits for its Dickerson (Montgomery County), Morgantown (Charles County), and Chalk Point (Prince George’s County) coal-fired power plants. The permits are being defended in court by the Maryland Department of the Environment (MDE), the agency that wrote the permits, and by a coalition of clean water advocates represented by attorneys with the Environmental Integrity Project.

On May 23, 2019, a judge signed an order affirming MDE’s permit for the Chalk Point plant, finding that the clean water advocates were entitled to fully participate in the appeal as parties – a point that was challenged by GenOn – and denying all relief requested by GenOn.

Various organizations released their comments on the decision below:

“For nearly two years now, thousands of Marylanders have called for the elimination of toxic coal waste in their water,” Patrick Grenter Senior Campaign Representative for the Sierra Club’s Beyond Coal Campaign in Maryland. “Coal plant owners have resisted these common sense, affordable pollution controls and have instead opted to pursue fruitless appeals with teams of lawyers. GenOn needs to hear the call: Marylanders are done with coal’s dirty pollution.”

“The Maryland Department of the Environment complied with black letter law in issuing this permit, but GenOn wants more time to continue discharging toxic pollution into the Patuxent River,” said Leah Kelly, Senior Attorney with the Environmental Integrity Project. “The company has known about these new limits since 2015 and waited three years to start planning the necessary technology upgrades. Luckily, the law does not support GenOn’s foot-dragging, and the court saw that right away.”

“There’s no debate that toxic metals in our state’s waterways are incredibly harmful,” said Anne Havemann, General Counsel, Chesapeake Climate Action Network. “GenOn wanted to keep discharging pollutants that can cause risk of cancer, lower IQ among children, and create deformities and reproductive harm in fish and wildlife. We applaud the Maryland Circuit Court for doing the right thing and protecting our communities from the harms of coal.”

Fred Tutman at Patuxent Riverkeeper said, “We are delighted that the Judge saw through GenOn’s arguments. The Chalk Point facility on record has inflicted mostly air and water pollution, including numerous violations, and poisoned groundwater for over 40 + years on Prince Georgians. Justice was served, and the Patuxent will be better off because of it.”

Contact:
Patrick Grenter, patrick.grenter@sierraclub.org, (412) 889-8787
Alex Amend, alex.amend@sierraclub.org, (404) 457-8937
Tom Pelton, tpelton@environmentalintegrity.org, (202) 888-2703
Denise Robbins, denise@chesapeakeclimate.org, (608) 620-8819
Frederick Tutman, fred@paxriverkeeper.org, (301) 276-7913 ext 6

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Columbia Gas Takes Shocking and Unprecedented Attempt to Force “Potomac Pipeline” Through Maryland State Land

CCAN: “Such a Corporate Takeover of the Maryland’s Public Land has Never Been Attempted Before”

HANCOCK, MD — Yesterday, Columbia Gas filed a complaint in condemnation for the right-of-way to build a highly controversial fracked-gas pipeline underneath the Western Maryland Rail/Trail. Known as the “Potomac Pipeline,” this pipeline would drill under the Potomac River and put the drinking water of 6 million people at risk. In January, the Maryland Board of Public Works unanimously rejected this right-of-way easement for the project, which is proposed by a subsidiary of notorious energy company TransCanada.

The Board of Public Works, which includes Governor Larry Hogan, State Treasurer Nancy Kopp and Comptroller Peter Franchot, is responsible for protecting Maryland’s “public works,” including state-owned land. It rejected TransCanada’s proposal in January citing the fact that Maryland stood to bear no benefits of the pipeline and all of the harm. The company is now attempting to seize the land through eminent domain proceedings in federal court. To our knowledge, no pipeline company has ever tried to condemn state-owned land in Maryland.

Statement from Brooke Harper, Maryland Director of the Chesapeake Climate Action Network:

“We didn’t expect Columbia Gas to give up on building the unnecessary and harmful Potomac Pipeline, but we never expected for them to condemn Maryland’s own land through eminent domain proceedings in federal court. As far as we know, such a corporate takeover of Maryland’s public land has never been attempted before.

“This is an arrogant overreach by a company — owned by Canadian energy giant TransCanada — desperate to rake in shareholder profits while locking the region into decades of reliance on fossil fuels.”

Statement from Brent Walls, Upper Potomac Riverkeeper:

“We strongly oppose Columbia Gas’ unprecedented attack on Maryland’s inherent, sovereign authority to manage state parkland for the public’s benefit. It is outrageous that a Texas pipeline company wants to dictate to the State of Maryland where and when it will build a private gas pipeline that provides no benefit and will only endanger Maryland’s natural resources and communities. The risk to the Potomac River and downstream drinking water supplies is clear, and was echoed in the Board of Public Works’ unanimous vote to deny Columbia Gas access to state property for its ill fated pipeline. Maryland state lands are held in trust for the public to use and enjoy, not for private pipeline companies to despoil.”

Statement from Josh Tulkin, Director of the Maryland Chapter of the Sierra Club:

“We’re not surprised that TransCanada is once again trying to put their profits over the safety of our communities, so I’m sure they won’t be surprised to see Marylanders fighting them again. We stopped this zombie pipeline once before and we’ll do it again.”

 

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About the Chesapeake Climate Action Network:

The Chesapeake Climate Action Network is the oldest and largest grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region. For 16 years, CCAN has been at the center of the fight for clean energy and wise climate policy in Maryland, Virginia, and Washington, D.C.  For more information, visit www.chesapeakeclimate.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 the Potomac Riverkeeper Network:

Potomac Riverkeeper Network is a registered 501(c)3 non-profit organization with three regional Waterkeeper branches: Potomac Riverkeeper, Upper Potomac Riverkeeper and Shenandoah Riverkeeper. Our mission is to protect the public’s right to clean water in our rivers and streams. We stop pollution to promote safe drinking water, protect healthy habitats, and enhance public use and enjoyment. For more information, visit http://www.potomacriverkeepernetwork.org.

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The Chesapeake Climate Action Network is the oldest and largest grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region. For 16 years, CCAN has been at the center of the fight for clean energy and wise climate policy in Maryland, Virginia, and Washington, D.C.

CCAN Statement: U.S. Senator Chris Van Hollen and Congressman Don Beyer Introduce Carbon Cap-and-Dividend Legislation

Bill Caps Carbon While Helping Middle Class

WASHINGTON – Today, U.S. Senator Chris Van Hollen (D-MD) and Representative Don Beyer (D-VA)  introduced the Healthy Climate and Family Security Act of 2019. This ‘cap-and-dividend’ policy is a simple, fair, and effective way to address the dangers of climate change. The bill would put more money in the pockets of hard-working Americans, thus increasing their spending power and growing our economy. Learn more here.
In response, Mike Tidwell, Director of the Chesapeake Climate Action Network, stated:

“For a decade, Senator Chris Van Hollen has been a uniquely urgent voice on climate change and a stubborn advocate for real solutions. Today, he reintroduced his elegant, equitable, and durable policy to cap carbon emissions nationwide while enhancing the lives of low- and moderate-income Americans. We also salute the climate leadership of Congressman Don Beyer, who has been a long-time supporter of the cap-and-dividend policy and a stalwart champion of clean energy.

“The Healthy Climate and Family Security Act is a policy first introduced years ago but whose time has come with the latest dire warnings from climate scientists. The policy is calibrated to match the latest science, creating a pathway for the US to help keep global temperature rise below 1.5 degree Celsius. It does this by putting in place transparent ‘upstream’ caps on coal, oil, and natural gas as they enter the US economy. It creates revenue that is then equally distributed to all US households in a progressive manner. Up to 80 percent of all households thus see net economic benefits from this policy while carbon is simultaneously and gradually squeezed out of our economy.

“This is the inevitable policy solution to climate change, in my view. We can no longer wait for the adoption of this responsible and effective approach to the climate crisis.”

The Healthy Climate and Family Security Act caps carbon pollution and reduces CO2 emissions gradually but steadily. It auctions carbon pollution permits to the first sellers of oil, coal, and natural gas into the U.S. market, and returns 100 percent of the auction proceeds electronically each quarter to every American in the form of a Healthy Climate Dividend. A University of Massachusetts Amherst study found a ‘cap-and-divided’ approach would mean more than 80 percent of families would see more money in their pockets, even before taking into account the economic benefits of preventing the costly impacts of climate change.
CONTACT:  Denise Robbins, Communications Director, denise@chesapeakeclimate.org, 608-620-8819
The Chesapeake Climate Action Network, the oldest and largest grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region.

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STATEMENT: Despite Water Board Decision, Herring Must Order Mountain Valley Pipeline to Stop Work Immediately

Water Board Withdrew Motion to Revoke MVP Permit Despite Hundreds of Water Violations and Criminal Investigation

RICHMOND, VA — Today, the Virginia State Water Control Board withdrew its motion to revoke a permit of the Mountain Valley Pipeline.
Statement from Harrison Wallace, Virginia Director of the Chesapeake Climate Action Network:

“The State Water Control Board passed up a momentous opportunity to put an end to the environmental injustice of the fracked-gas Mountain Valley Pipeline. This project, now under criminal investigation, has been incredibly harmful to the livelihoods of scores of Virginians, but it seems that state regulators and lawyers pressured the Board into inaction.

“Even though the Board may have relinquished its opportunity to revoke the permits, the hundreds of violations, lawsuits, and pending criminal investigation of MVP warrant an immediate stop work order.

“We at CCAN call on Attorney General Mark Herring to file an emergency injunction to stop work on this project while these issues are investigated.

“We will also continue to work with our supporters and partners to highlight the Mountain Valley Pipeline’s blatant disregard for clean water along its path. We will work with our partners to monitor the pipeline and continue to address the pipeline’s shoddy permits through legal action. If justice is served, this monstrosity will never be operational.”

Background:
Thousands of Virginians have mobilized over the past five years to stand against the Mountain Valley and Atlantic Coast pipelines. See fact sheet here. Since construction of the Mountain Valley Pipeline began, the project has racked up over 300 violations and it is now under criminal investigation.
CONTACT:
Harrison Wallace Chesapeake Climate Action Network, 804-305-1472, harrison@chesapeakeclimate.org
Denise Robbins, Communications Director, 240-630-1889, denise@chesapeakeclimate.org
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The Chesapeake Climate Action Network is the oldest and largest grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region. For 16 years, CCAN has been at the center of the fight for clean energy and wise climate policy in Maryland, Virginia, and Washington, D.C.