DEQ Public Hearings to Cut Carbon Now in Virginia: March 6 – March 19

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

VIRGINIA – Between March 6 and March 19, Virginia’s Department of Environmental Quality (DEQ) will be holding six public hearings on Virginia’s Carbon Reduction Plan, or Executive Directive 11 (ED 11). Virginia is the first southern state to take initiative on limiting and capping carbon pollution from fossil fuel-burning power plants. The Virginia Carbon Reduction Plan is designed to reduce carbon emissions from fossil fuel-burning power plants by 30 percent by the year 2030, help generate new clean energy jobs, and put the Commonwealth on track for continued reductions beyond 2030. ED 11’s approach is the same one that is being successfully used in nine other states that comprise the Regional Greenhouse Gas Initiative (RGGI), and would allow Virginia to link to the existing RGGI program.
“Virginia has a chance to embrace the new technology of clean energy, move away from outdated, dirty fossil-fuel burning power plants, and enjoy the benefits that renewable energy is bringing to other states,” Kate Addleson, Sierra Club Virginia Chapter Director, said. “The ED11 hearings provide all stakeholders an opportunity to have a say in how best to safeguard our health and environment. The regulations should be included a starting cap between 30 and 32 million tons of emissions by 2020 and continued reduction of the carbon cap beyond 2030.”
“Virginia’s decision to cap carbon emissions through a market-based approach like RGGI offers a great opportunity to improve the livelihood and health of low-income families and communities of color who are most vulnerable to climate change and dirty fossil fuel pollutants. In order to achieve that goal, ED11 should ensure that there are emission reductions in environmental justice communities and that there is a mechanism that ensures reductions of greenhouse gas co-pollutant emissions by facilities located in or near environmental justice neighborhoods,” said Harrison Wallace, Virginia Policy Coordinator and Coastal Campaigns Manager at Chesapeake Climate Action Network.
“As we begin the hearings for ED11, a significant concern that must be addressed is the woody biomass loophole, which exempts Dominion Energy’s 4 woody biomass plants from the carbon regulations. Granting such significant free giveaways to industrial carbon polluters renders Virginia’s carbon program less efficient and gives Dominion an unfair economic advantage,” Walton Shephard, Policy Analyst and Attorney at the Natural Resource Defence Council, said. “Given that biomass greenhouse gas emissions are higher than those from burning fossil fuels, there’s no reason to exempt biomass from Virginia’s carbon program.”
“The clean energy industry is creating jobs, increasing manufacturing, and lowering customers’ electricity bills. In 2016, the number of solar jobs in VA increased by 65 percent. If the state received 10% of its power from the sun by 2023, Virginia would see over 50,400 more jobs. Between 2013 to 2016, energy efficiency business revenue in Virginia increased from $300 million to $1.5 billion. A policy that levels the playing field by pricing carbon will further drive clean energy investment,” said Francis Hodsoll, CEO of SolUnesco.
“Over a course of five years, RGGI states have prevented hundreds of premature deaths, reduced ER visits, and avoided thousands of asthma attacks through their carbon reduction plan. These health benefits were so great that they have even lead to positive health implications in the neighboring states, including Virginia,” Dr. Leon Vinci of Health Promotion Consults, said. “It is time for Virginia to not only accept residual health benefits from our neighbors, but to also lead the South in regulating the harmful effects of fossil fuel burning power plants at home.”
Hearings will be held across the state between March 6 to March 19. Below is a list of all hearings, locations, and times. Public comments can be submitted here: http://vasierra.club/cutcarbon
ABINGDON CARBON RULE PUBLIC HEARING: March 7, 2018 at 5:00pm
355 Deadmore St., Abingdon, VA 24210, USA
ROANOKE CARBON RULE PUBLIC HEARING: March 8, 2018 at 5:00pm
3019 Peters Creek Rd, Roanoke, VA 24019, USA
VIRGINIA BEACH CARBON RULE PUBLIC HEARING: March 12, 2018 at 5:00pm
5636 Southern Blvd, Virginia Beach, VA 23462, USA
HARRISONBURG CARBON RULE PUBLIC HEARING: March 14, 2018 at 5:00pm
4101-4599 Early Rd, Mt Crawford, VA 22841, USA
WOODBRIDGE CARBON RULE PUBLIC HEARING: March 15, 2018 at 5:00pm
13901 Crown Ct, Woodbridge, VA 22193, USA
RICHMOND CARBON RULE PUBLIC HEARING: March 19, 2018 at 1:30pm
1111 East Main St., Third Floor, Richmond, VA 23219, USA

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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.

Hundreds Surround Governor Hogan’s Mansion in Unprecedented Action Showing Opposition to TransCanada’s Pipeline for Fracked Gas Across Maryland

FOR IMMEDIATE RELEASE: February 15, 2018
CONTACT:
Denise Robbins; Chesapeake Climate Action Network; denise@chesapeakeclimate.org; 608-620-8819
Brooke Harper; Chesapeake Climate Action Network; brooke@chesapeakeclimate.org; 301-992-6875;
Brent Walls; Upper Potomac Riverkeeper; Brent@upperpotomacriverkeeper.org; 443-480-8970
Laura Steepleton; Eastern Panhandle Protectors, lnsteep@gmail.com; 352-817-4081
Fritz Schneider; Potomac Riverkeeper Network, fritz@prknetwork.org; 301-728-4811
 

Hundreds Surround Governor Hogan’s Mansion in Unprecedented Action Showing Opposition to TransCanada’s Pipeline for Fracked Gas Across Maryland

 

Protest takes place days after Maryland lawmakers announced resolve to combat Gov. Hogan’s fracked-gas pipeline expansion plan

 
ANNAPOLIS, MD– Setting a new bar for protests in Annapolis, hundreds of people today encircled Governor Larry Hogan’s mansion to demand that he stand with concerned residents and protect them from the proposed “Potomac Pipeline” for fracked gas. Singing songs and carrying candles and lit-up signs, the activists stood side by side to urge the Governor to reject TransCanada’s proposal to drill a pipeline underneath the Potomac River and across Maryland
For the first time perhaps ever in an act of protest in Maryland, activists completely surrounded the Governor’s mansion side by side, near an illuminated giant sign that said “Hogan – No Potomac Pipeline.” They were joined by Senator Rich Madaleno (D-18), Delegate Jheanelle Wilkins (D-20), and Delegate Aruna Miller (D-15), as well as West Virginia landowners and leaders.
The “March on the Mansion” united Marylanders, West Virginians, and D.C. residents to call out Governor Hogan for failing to take adequate protective measures regarding the controversial pipeline.  The pipeline, officially known as the Eastern Panhandle Expansion Project, would cross Maryland and potentially affect the drinking water for 6 million people in the region. Unless the Hogan Administration immediately launches its own “401 Certification” process that looks cumulatively at the impacts to Maryland’s water from this pipeline, the Governor will be handing over key regulatory powers to the Trump Administration. Construction could begin as early as this year.
For a full fact sheet about Governor Hogan’s ambitious fracked gas plans, click here.
“We are bringing the fight for our drinking water to the steps of Governor Hogan, because all other attempts at getting him to respond or act on his promises have fallen on deaf ears,” said Brent Walls, Upper Potomac Riverkeeper.
“I stood with my constituents last year when they called on Maryland legislators to protect their water, by passing a permanent fracking ban,” said Delegate Jheanelle Wilkins (D-20). “I’m standing with them again to protect Maryland’s drinking water from fracked-gas infrastructure. I’m calling on Governor Hogan say no to TransCanada’s unnecessary pipeline.”
“Governor Hogan is collaborating with Canadian companies to push dangerous fracked-gas pipelines where people don’t want them, and he’s keeping the people of Maryland in the dark,” said Senator Richard Madaleno (D-18). “We can’t allow this to happen.  We need to put our family, friends and neighbors first and reject the Potomac Pipeline once and for all.
On Tuesday, February 13, Senator Madaleno and Senator Paul Pinsky (D-22) proposed action to combat Hogan’s intention to invest $100 million in new gas pipelines and instead investing it in workers to repair leaky pipes throughout the state, similar to legislation already passed in New Jersey and Massachusetts.
Documents show that Governor Hogan collaborated with TransCanada to allow the Canadian gas company to carry out a dangerous drilling method called “Horizontal Directional Drilling” for this pipeline  without oversight from the Maryland Department of Environment. And despite repeated pleas from groups ranging from the Potomac Riverkeeper Network to the Chesapeake Physicians for Social Responsibility, the Hogan administration refuses to follow a standard set by Virginia and other states when it comes to reviewing impacts to water quality from fracked-gas pipelines.
“The Potomac River is widely treasured as a valuable source of clean drinking water for millions of people and a key part of Maryland’s environment and economy,” said Delegate Aruna Miller (D-15). “We must do everything we can to protect it. Governor Hogan must reject the Potomac Pipeline.”
“Governor Hogan is pushing for this pipeline while saying he supports the Paris Climate Agreement, even as scientists confirm that fracked gas is essentially as harmful to the climate as coal,” said
Mike Tidwell, Executive Director of Chesapeake Climate Action Network. “Governor Hogan is trying to drag us back to the dark ages on climate. He needs to reject this nonsense and instead focus on bringing clean renewable energy to the state.”
“Governor Hogan must instruct Maryland Department of the Environment to finally take a close look at the depth of TransCanada’s threat to our drinking water,” said Wenonah Hauter, Executive Director of Food & Water Watch. “In allowing this pipeline to breeze through, he’s borrowing from Trump’s playbook and letting corporations profit while communities bear the harmful burdens.”
For months, environmental groups have been asking Hogan’s Maryland Department of the Environment to conduct an individual water certification process — a power granted to states under section 401 of the Clean Water Act . This process would allow for a formal public comment period and more detailed hearings on this matter. Despite multiple requests from the public, elected officials, impacted towns and counties, MDE continues to rely on Trump-appointed officials at the Federal Energy Regulatory Commission and the Army Corps of Engineers to review potential impacts from the fracked-gas pipeline project.
“This pipeline is supposed to come within 500 feet of my house, where I live with my two kids. I am not okay with living near a pipeline that keeps my children up at night in fear,” said West Virginia resident Jessie Ward.
“My hope is that Gov Hogan will rule with his mind and his heart and stop this fracked gas pipeline from going under the Potomac River,” said Patty Kesecker, West Virginia Landowner who is being sued by Mountaineer Gas.
“We’re here in Annapolis to urge Hogan do the right thing by Marylanders and everyone in the region and protect the Potomac River and deny the 401 certification for the TransCanada Pipeline,” said Laura Steepleton of Eastern Panhandle Protectors.
In January, a coalition of key environmental groups released a letter announcing a boycott of Governor Hogan’s environmental review process for the pipeline, calling it “illegitimate.” The March on the Mansion is a continuation of this boycott.
Organizations participating in the action include the Chesapeake Climate Action Network, Eastern Panhandle Protectors, Upper Potomac Riverkeeper, Potomac Riverkeeper Network, Waterkeepers Chesapeake, Maryland Sierra Club, DC 350, Food and Water Watch, and Frack-Free Frostburg.
 

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Clean Water Advocates Challenge Army Corps of Engineers on Fracked Gas Pipeline Water Quality Review

Coalition’s Suit Says Corps Violated Clean Water Act

 

RICHMOND, VA — Today, a coalition of clean water advocates filed a suit contending the United States Army Corps of Engineers improperly issued a crucial permit for the fracked gas Mountain Valley Pipeline. Under section 404 of the Clean Water Act, the Army Corps is charged with issuing a permit for the pipelines’ stream crossings that allows the project’s builders to trench through the bottom of those streams, including the Greenbrier, Elk, and Gauley Rivers, and fill the crossings with dirt during construction of the pipeline. Before the Army Corps can issue this permit, the state in which construction will occur must certify the pipeline’s construction will not degrade the state’s water quality.

The permit issued to the Mountain Valley Pipeline by the Army Corps is commonly known as a “nationwide” permit, which takes a one-size-fits-all approach that can only be used when a state has done the necessary water quality analysis. Since West Virginia waived its right to do that analysis, the Army Corps can not legally issue the section 404 permit for construction of the pipeline in West Virginia.

If successful, this suit will require the Army Corps or the state of West Virginia to do another water quality impact review before the pipeline can be built through that state.

The suit was filed by Appalachian Mountain Advocates on behalf of a coalition made up of the Sierra Club, Appalachian Voices, Indian Creek Watershed Association, West Virginia Rivers Coalition and Chesapeake Climate Action Network.

In response, Sierra Club Organizing Manager Bill Price released the following statement:

“The Army Corps of Engineers has a responsibility to protect the people and places we love and their one-size-fits-all approach to this project falls far short of fulfilling that responsibility. The fracked gas Mountain Valley Pipeline is a dirty, dangerous project that threatens our water, climate and communities and it shouldn’t be built until the Army Corps has done a serious analysis of how badly it would affect the water of Virginia and West Virginia at all river and stream crossings.”

Angie Rosser, Executive Director for the West Virginia Rivers Coalition, said:

“The combination of WVDEP’s waived water quality analysis and the Army Corps’ cookie-cutter approach just doesn’t cut it for a project of this scale. This illegal move greatens the risk to West Virginia’s rivers and streams and must be addressed before any construction begins.”

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

“The federal and state governments have fallen short when it comes to the Mountain Valley Pipeline. The Army Corps’ blanket permit does not come close to covering the scale and scope of this massive pipeline project. We are asking the court to make the Army Corps take seriously its responsibility to protect our waters.”

CONTACT:
Doug Jackson, Sierra Club, 202.495.3045, doug.jackson@sierraclub.org
Derek Teaney, Appalachian Mountain Advocates, 304.793.9007, dteaney@appalmad.org

Breaking: Lawmakers announce steps to combat Hogan’s fracking hypocrisy

Maryland Legislators Announce Steps to Combat Governor Hogan’s Efforts to Expand Fracked-Gas Pipelines and Combustion in Maryland

New documents show how Gov. Hogan is collaborating with TransCanada and others to ship large amounts of fracked gas into and across MD, violating the spirit of  the state’s fracking ban.
Maryland assembly members announce possible legislative steps and other plans to stop costly leaking gas pipelines instead of Hogan’s major buildout plan for fracked-gas infrastructure across the state.
 
ANNAPOLIS, MD– Environmental leaders and legislators today sharply criticized Governor Larry Hogan’s multi-pronged effort to build fracked-gas pipelines in Maryland at the expense of the environment and consumers. During a telephone press call, two state senators offered an alternative pathway that involves repairing existing leaky gas pipelines in Maryland in a way that would help consumers, create jobs, and protect the climate. Environmental leaders, meanwhile, specifically reiterated their strong opposition to efforts by Hogan and TransCanada to build a controversial fracked-gas pipeline across Maryland and under the Potomac River.

Click here for a downloadable version of the “Hogan’s Fracking Hypocrisy” factsheet

Today’s press conference took place two days before hundreds of concerned activists plan to take part in the first-ever “citizen encirclement” of Gov. Hogan’s mansion, in a show of solidarity and opposition to TransCanada’s Eastern Panhandle Expansion Project, better known as the “Potomac Pipeline.” This unprecedented protest Thursday will be the culmination of nearly a year of opposition to this pipeline across Maryland, West Virginia, and Washington, D.C.

Since signing a ban on fracking in 2017, Governor Hogan has worked consistently to undermine the spirit — if not the letter — of the law. For months, his administration has been actively negotiating with controversial Canadian oil and gas companies to ship large amounts of fracked gas into and across Maryland. In December his Administration explicitly called this gas, produced in neighboring states using the dangerous fracking drilling method, a “valuable resource” with “environmental benefits” . The Administration also announced its ambitious plans to “kick-start a natural gas expansion…throughout Maryland.”
The Chesapeake Climate Action Network and the Potomac Riverkeeper Network recently uncovered how Governor Hogan has been collaborating with Canadian companies to promote fracked-gas pipelines. This includes his proposal to use settlement money from the forthcoming merger between Washington Gas and Calgary-based AltaGas to construct fracked-gas pipelines at the expense of Maryland ratepayers.  Governor Hogan has proposed a virtually unprecedented settlement wherein the state of Maryland would spend $33 million in settlement money to assist gas companies in the construction of more fracked-gas pipelines all across Maryland. The settlement – which must be approved by the Maryland Public Service Commission later this year — also requires that AltaGas spend an additional $70 million (which could be charged to ratepayers) to promote pipeline construction and other fracked-gas infrastructure in the state.
During the call, Senator Richard Madaleno (D-18) and Senator Paul Pinsky (D-22) proposed taking the $100 million that Hogan wants to give to the fracked gas industry and instead investing it in workers to repair leaky pipes throughout the state, similar to legislation already passed in New Jersey and Massachusetts.
Senator Richard Madaleno (D-18) stated: “While Governor Hogan collaborates with Canadian companies to push dangerous fracked-gas pipelines where people don’t want them, Maryland’s existing pipelines are leaking climate-warming methane into our atmosphere. It’s clear we need to stop new fracked-gas infrastructure like the Potomac Pipeline from endangering the people of Maryland. We can bring jobs and environmental benefits to the state by instead focusing on rebuilding and repairing our current gas infrastructure and transitioning to renewable energy.”
Senator Paul Pinsky (D-22), who is a member of Governor Hogan’s Maryland Climate Commission stated: “Governor Hogan is putting all Marylanders at risk with his plan to aggressively expand fracked-gas infrastructure across the state. We need to work to protect the people of Maryland, not the bottom-line of Canadian gas companies.”
Documents also show that Governor Hogan collaborated with TransCanada to allow the Canadian gas company to carry out a dangerous drilling method called “Horizontal Directional Drilling” without oversight from the Maryland Department of Environment. And despite repeated pleas from groups ranging from the Potomac Riverkeeper Network to the Chesapeake Physicians for Social Responsibility, the Hogan administration refuses to follow a standard set by Virginia and other states when it comes to reviewing impacts to water quality from fracked-gas pipelines.
Mike Tidwell, Executive Director of Chesapeake Climate Action Network, who is also a member of the Maryland Climate Commission, stated: “The Governor has launched this gas expansion effort while saying he supports the Paris Climate Agreements, even as scientists confirm that fracked gas is essentially as harmful to the climate as coal. As for clean-energy substitutes to gas, the Governor vetoed a 2016 General Assembly law expanding wind and solar power and other renewable energy sources to make up 25% of the state’s grid. Governor Hogan is trying to drag us back to the dark ages on climate.”
Brent Walls, Upper Potomac Riverkeeper, stated: “It’s hypocritical for Governor Hogan to take a stand against fracking and push so hard for fracking infrastructure — and it’s absurd for him to do so with such careless disregard for the safety of his constituents. The Potomac Pipeline was just the beginning. We need a new direction for the state of Maryland, one that leads us away from outdated gas infrastructure and towards a truly sustainable energy future.”
CCAN concluded that “Hogan’s commitment to gas infrastructure is a major threat to the state’s energy policy, a potential harm to consumers, and it creates serious legal uncertainty under NAFTA.”

CONTACT:
Denise Robbins; Chesapeake Climate Action Network; denise@chesapeakeclimate.org; 608-620-8819
Brooke Harper; Chesapeake Climate Action Network; brooke@chesapeakeclimate.org; 301-992-6875

FERC Faces Legal Challenge Over ACP Decision

Coalition Sues the Agency 

Charlottesville, VA— The Southern Environmental Law Center and Appalachian Mountain Advocates filed a challenge in federal court on behalf of 11 conservation groups challenging the Federal Energy Regulatory Commission’s decision to permit the Atlantic Coast Pipeline.
“FERC demonstrated in its split decision to approve the pipeline that there is lingering doubt about the need for this destructive project in our region,” said Southern Environmental Law Center Senior Attorney Greg Buppert. “This agency must change its ineffective review process and protect citizens from expensive and risky pipelines we don’t need.”
FERC’s decision to give the pipeline the go ahead was accompanied by a strong dissent from commissioner Cheryl LaFleur who critiqued her own agency for failing to look behind agreements put forth by utilities meant to skew demand needs and justify unneeded projects.
The $5.5 billion Atlantic Coast Pipeline owned by Dominion Energy and Duke Energy, would cross 600 miles from West Virginia through Virginia and North Carolina and cut through mountain ridge tops, down steep unstable mountainsides, and through sensitive rivers and streams. Testimony before the Virginia State Corporation Commission revealed that about $2 billion in costs associated with the pipeline would be passed on to Dominion utility customers.
The Southern Environmental Law Center and Appalachian Mountain Advocates filed the lawsuit in the 4th Circuit Court on behalf of Appalachian Voices, Chesapeake Climate Action Network, Cowpasture River Preservation Association, Friends of Buckingham, Highlanders for Responsible Development, Shenandoah Valley Battlefields Foundation, Shenandoah Valley Network, the Sierra Club, Virginia Wilderness Committee, Wild Virginia, and Winyah Rivers Foundation.
To learn more about this destructive pipeline and the people in its path, go to inthepath.org.

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The Southern Environmental Law Center is celebrating its 30th anniversary this year. With nine offices across the region (Charlottesville, VA; Chapel Hill, NC; Atlanta, GA; Charleston, SC; Washington, DC; Birmingham, AL; Nashville, TN; Asheville, NC; and Richmond, VA), SELC is widely recognized as the Southeast’s foremost environmental organization and regional leader. SELC works on a full range of environmental issues to protect the South’s natural resources and the health and well-being of all the people in our region. www.SouthernEnvironment.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 more than 15 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.

Legal Challenges Filed Targeting Atlantic Coast Pipeline Approvals

Charlottesville, VA – The Southern Environmental Law Center (SELC) and Appalachian Mountain Advocates, on behalf of a coalition of community and conservation groups, filed a legal challenge to the Virginia State Water Control Board’s approval of a water quality certification for the Atlantic Coast Pipeline. While the Board’s decision postponed the effectiveness of the certification pending completion of important studies, Virginia has treated the decision as final. The groups had to file this challenge now to meet a deadline under state law. In its current state, the certification does not adequately assess the impacts of the project on water quality in Virginia sufficiently to meet the requirements of the Clean Water Act.
“This is one in a long series of bad decisions that shines a light on the systematically flawed review process for this dangerous project,” said Executive Director Lew Freeman of the Alleghany Blue Ridge Alliance, which represents a number of the plaintiff organizations. “A pipeline that cuts through Virginia’s precious rivers and streams should be held to the highest standards and the people of the Commonwealth deserve that protection.”
Just last December, the Virginia State Water Control Board voted 4-3 to approve a water quality certification for the Atlantic Coast Pipeline even though the Department of Environmental Quality (DEQ) failed to provide the critical information the Board needed to ensure water quality will be protected in Virginia. This challenge filed by SELC and Appalachian Mountain Advocates on behalf of a strong coalition initiates judicial review of the decision in federal Fourth Circuit Court of Appeals in Richmond. The coalition includes: Appalachian Voices, Chesapeake Climate Action Network, Cowpasture River Preservation Association, Friends of Buckingham, Highlanders for Responsible Development, Jackson River Preservation Association, Potomac Riverkeeper Network, Shenandoah Riverkeeper, Shenandoah Valley Battlefields Foundation, Shenandoah Valley Network, the Sierra Club, Virginia Wilderness Committee, and Wild Virginia.
“The Virginia State Water Control Board had a clear duty to look at all potential impacts to state waters from the Atlantic Coast Pipeline and make sure our water quality standards are upheld. Instead, the Board went along with the DEQ’s approach of arbitrarily segmenting its review and shirking its legal duties,” said David Sligh, Conservation Director of Wild Virginia. “This approach was clearly constructed by DEQ to avoid the conclusion that would come from a scientifically valid assessment – that this project cannot be built as proposed in a way that protects our waters and our communities.”
The Board may have another opportunity to deny certification once DEQ completes review of several critically important plans submitted by Atlantic Coast Pipeline LLC. DEQ has not made public the timeline for when that information will be available, and it has stated that there will not be an opportunity for public comment. The groups hope to continue to work with the new Northam administration to address the problems with the 401 process for the Atlantic Coast Pipeline.
Today, SELC on behalf of the Sierra Club, Defenders of Wildlife and Virginia Wilderness Committee also filed a legal challenge to a decision by the U.S. Fish and Wildlife Service, and a legal challenge on behalf of the Sierra Club and The Virginia Wilderness Committee to a decision by the National Park Service. The agencies both issued permits for the pipeline. These decisions further highlight agency failures to adequately review crucial information in a process that is being driven by developers rather than regulators.
“From the very start of this process, Dominion has pressured state and federal regulators charged with protecting local communities and the environment to quickly approve its project, despite the risks to landowners and natural resources and despite widespread public opposition,” said SELC Senior Attorney Greg Buppert. “As this challenges demonstrates, it’s clear these agencies must fundamentally reevaluate the Atlantic Coast Pipeline and their processes that failed to thoroughly and properly evaluate this project and its impact.”
The U.S. Fish and Wildlife’s Biological Opinion granted developers the ability to move forward with the project despite its impact on endangered bats. The opinion, which specifically permits harm for a “small percentage” of bats, is not in keeping with the law, which requires the agency to more accurately determine the number of endangered species developers are allowed to harm.
“We depend on the Fish and Wildlife Service to ensure that endangered species are not unjustifiably harmed,” said Nathan Matthews with the Sierra Club.  “They’ve fallen far short of their obligation here.”
The final legal challenge from SELC targets the National Park Service’s issuance of a permit to allow the pipeline to cross beneath the Blue Ridge Parkway. Constructing the pipeline would have long-term impacts on the Parkway’s viewshed.
Media Contact: Claudine McElwain, cmcelwain@selcva.org, 434-977- 4090

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The Southern Environmental Law Center is celebrating its 30th anniversary this year. With nine offices across the region
(Charlottesville, VA; Chapel Hill, NC; Atlanta, GA; Charleston, SC; Washington, DC; Birmingham, AL; Nashville, TN; Asheville, NC;
and Richmond, VA), SELC is widely recognized as the Southeast’s foremost environmental organization and regional leader. SELC
works on a full range of environmental issues to protect the South’s natural resources and the health and well-being of all the
people in our region. www.SouthernEnvironment.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.

Pipeline Opponents Announce Boycott of Hogan Administration’s Flawed Review Process for the “Potomac Pipeline” Carrying Fracked Gas

Hogan Administration appears ready to hand over to Trump officials the environmental review process for TransCanada’s dangerous pipeline through Maryland.

In first action of its kind under Governor Hogan, key environmental groups — including Sierra Club, Food & Water Watch, Chesapeake Climate Action Network, Potomac Riverkeeper and others — to boycott flawed regulatory process

ANNAPOLIS, MD- Today, a coalition of environmental organizations released a letter announcing they will boycott Governor Hogan’s review process for the proposed “Potomac Pipeline” for fracked gas.

The letter explained how the Hogan Administration is “failing to take adequate protective measures” regarding the controversial Potomac Pipeline, officially known as the Eastern Panhandle Expansion Project, a project of TransCanada. The pipeline would transport fracked gas from Pennsylvania to West Virginia through Maryland underneath the Potomac River. Watch the Facebook Live stream here.

The Administration has to-date failed to announce that it will do its own careful review of the pipeline as it passes through the state and under the C&O Canal and the Potomac River. The pipeline could potentially affect the drinking water for 6 million people in the region. Unless the Hogan Administration immediately launches its own “401 Certification” process that looks cumulatively at the impacts to Maryland’s water from this pipeline, the Governor will be handing over key regulatory powers to the Trump Administration.

“Hogan would rather trust the Trump administration than listen to his own constituents,” said Mike Tidwell, Chesapeake Climate Action Network. “We have asked the Governor for months to hold a transparent process with full citizen input on all major water quality issues, and he simply refuses. We have been left no choice but to boycott his dangerous and inadequate regulatory process, and ask all Marylanders to join us in demanding the Governor protect our drinking water.”

Delegate Jheanelle Wilkins (D-20) stated: “Maryland legislators stood up against fracking last year by passing a permanent ban. Now, TransCanada wants to push fracking through the backdoor with this fracked-gas pipeline. We’re going to stand up again and protect our communities against this reckless and unnecessary project.”

Senator Richard Madaleno (D-18) stated: “We can’t allow Trump officials to take over protecting our state from the dangers of fracked-gas pipelines — it would be like asking the fox to protect the henhouse. It’s time to listen to the people who are most directly impacted, who don’t want this pipeline running through their backyards and poisoning their water. We need to put our family, friends and neighbors first and reject the Potomac Pipeline, and instead focus on creating 21st century clean energy jobs.”

For months, environmental groups have been asking Hogan’s Maryland Department of the Environment to conduct an individual water certification process — a power granted to states under section 401 of the Clean Water Act. An individual 401 process is the state’s opportunity to look at the pipeline in a holistic way and consider impacts such as erosion and sediment from tree clearing, impacts to drinking water resources, and impacts to karst geology that could harm the environment and health of communities across the region.  This process would allow for a formal public comment period and more detailed hearings on this matter. Despite multiple requests from the public, elected officials, and numerous impacted towns and counties, the Hogan Administration continues to rely on Trump-appointed regulators at the Federal Energy Regulatory Commission and the Army Corps of Engineers to review potential impacts from the fracked-gas pipeline project.

In recent weeks, the Montgomery County Council, Boonsboro Town Council and D.C. Council have sent letters asking Governor Hogan to reject the pipeline, while the Washington County Board of Commissioners sent a letter expressing concerns about the pipeline and asking him to “protect drinking water” and postpone approval for the pipeline until its dangers are addressed.

“For the past nine months, MDE has given the public incomplete and inconsistent information on how the Potomac Pipeline would be regulated,” said Katlyn Clark, Legal Fellow at Waterkeepers Chesapeake. “We have explained, through every means possible, our concerns and recommended actions, and we have been ignored. It’s past time for MDE and Governor Hogan to acknowledge the serious and potentially-devastating impacts of the Potomac Pipeline and use its authority to stop the pipeline, thereby protecting the drinking water of millions.”

“The state of Maryland rose up in unity to stop fracking this spring,” Brooke Harper, Environmental Justice Chair of the NAACP Maryland State Conference and Maryland Policy Director of the Chesapeake Climate Action Network, stated. “But now TransCanada wants to threaten our communities with fracked-gas infrastructure. Governor Hogan cannot allow this to happen. We will rise up again and again until this pipeline has been stopped.”

“By not doing a full environmental impact statement, Governor Hogan is breaking his promise to keep Marylanders safe from the threat of fracking,” said Rianna Eckel, Maryland Organizer, Food & Water Watch. “He’s positioning himself to approve TransCanada’s fracked-gas pipeline and thus endangering a critical water supply and millions of Marylanders. We won’t let him endanger our state without a fight.”

“MDE and this administration have failed to assess all the risks to the Potomac River and our drinking water by not including the Mountaineer Gas portion of this pipeline project in their review,” said Brent Walls, Upper Potomac Riverkeeper.

“MDE is trying to pass on their responsibility of completing a 401 water certification to the Army Corp of Engineers, thus NOT doing its job,” said Laura Steepleton, Organizer at Eastern Panhandle Protectors. “The department has ignored the factual risks of running pipelines through karst geology, and has remained silent when many organizations and thousands of residents requested that FERC do a full Environmental Impact Statement for the Potomac Pipeline. Marylanders and West Virginians are standing together to demand that MDE do its job!”

“As it stands, without a full and proper review and analysis of the environmental impact of this pipeline, MDE is failing to uphold its responsibility to all Marylanders,” said David Smedick, Policy Director for the Maryland Chapter of the Sierra Club. “We all depend on MDE to protect our water, air, and health, now and for future generations. Enabling new fossil fuel infrastructure places all Marylanders at risk and blatantly contradicts our goals to be a leader on climate action.”

The letter was signed by Chesapeake Climate Action Network; Potomac Riverkeeper Network; Food & Water Watch; Maryland Sierra Club; Waterkeepers Chesapeake; Frack Free Frostburg; Eastern Panhandle Protectors; Maryland Environmental Health Network; Women’s Action Coalition of Greater Allegany County; Rachel Carson Council; Lower Susquehanna Riverkeeper Association; Savage River Watershed Association; and Montgomery Countryside Alliance.

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Enviros Sue to Stop Fracked Gas Pipeline

Coalition challenges FERC approval of Mountain Valley Pipeline

WASHINGTON, DC — Late yesterday, a coalition of environmental groups took legal action in the U.S. Court of Appeals for the D.C. Circuit to halt start of construction of the fracked-gas Mountain Valley Pipeline, challenging the “certificate of public convenience and necessity” issued by the Federal Energy Regulatory Commission. Attorneys for Appalachian Mountain Advocates filed the litigation on behalf of the Sierra Club, Appalachian Voices, the Chesapeake Climate Action Network, West Virginia Rivers Coalition, and Wild Virginia.

The groups also filed a motion to stay the start of construction given the tremendous harmful impacts posed by the 300-mile, 42-inch diameter pipeline.

Lawsuit filing
Motion to stay

FERC approved the pipeline in October in a 2-1 decision, despite the significant risks the Mountain Valley Pipeline poses to streams, rivers and drinking water sources and to treasured Appalachian landscapes, and despite evidence that existing pipeline capacity is sufficient. If built, the pipeline would cut through a 3.5-mile stretch of the Jefferson National Forest in Virginia and West Virginia, cross the Appalachian Trail at a previously undisturbed site, and cross waterways more than 1,000 times in the two states, posing a high risk of widespread water contamination. It would also significantly increase emissions that contribute to climate change, displacing public and private investments in energy efficiency, solar and other non-carbon based alternatives that cause far less environmental harm.

In response, Sierra Club Virginia Chapter Director Kate Addleson released the following statement:

“We are bringing this suit to stop the fracked gas Mountain Valley Pipeline because it threatens land, streams and rivers that are an important part of Virginia’s culture and economy. This pipeline would cause irreversible harm to our air, water, and communities, so we are evaluating every avenue we have to ensure it never gets built.”

David Sligh, Conservation Director for Wild Virginia, stated:

“The Federal Energy Regulatory Commission failed in its legal duty to assess the true costs of this project to the communities that would be harmed and the natural treasures that would be degraded or destroyed. A true accounting could not have led to the conclusion that this ill-conceived proposal is in the public interest. Citizens are forced to seek protection from the courts that we should have been afforded by FERC.”

West Virginia Rivers Coalition Executive Director Angie Rosser:

“FERC failed to follow the law; in so doing, it is recklessly sacrificing our streams, public lands and private property rights. Their refusal to fully evaluate the purpose and need of this project robs the public of benefiting from less harmful alternatives. FERC’s shoddy approval of MVP makes a mockery of their responsibility to the public interest.”

Peter Anderson, Virginia Program Manager for Appalachian Voices, stated:

“Dissenting FERC Commissioner Cheryl LaFleur concluded that this project is not in the public interest — and with good reason. Construction of the Mountain Valley Pipeline would devastate communities in West Virginia and Virginia, threatening their water and permanently damaging pristine mountain landscapes to transport natural gas that is not needed. We must hold FERC accountable for failing to evaluate the need for this project in a rational manner, and for dismissing the legitimate environmental concerns outlined by its staff and the public.”

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

“From coastal flooding to monster hurricanes to ravaging wildfires, climate change is impacting the critical systems that support life on our planet–right now. The Mountain Valley Pipeline for fracked-gas would dramatically increase greenhouse gas emissions, while also trampling property rights, harming water quality, and permanently scarring pristine mountains. We are going to court to ask it to do what FERC failed to do — protect the public interest and halt construction of the Mountain Valley Pipeline.”

Contact:

Doug Jackson, Sierra Club, 202-495-3045 or doug.jackson@sierraclub.org
Ben Luckett, Appalachian Mountain Advocates, 304.645.0125, bluckett@appalmad.org
Peter Anderson, Appalachian Voices, 434-293-6373, peter@appvoices.org
Anne Havemann, Chesapeake Climate Action Network, 240-396-1984, anne@chesapeakeclimate.org
David Sligh, Wild Virginia 434-964-7455, david@wildvirginia.org
Angie Rosser, West Virginia Rivers Coalition, 304-437-1274, arosser@wvrivers.org

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Trump's Reckless Move on Offshore Drilling

Trump Risks Virginia’s $8.3 Billion Ocean Economy in Reckless Offshore Drilling Move

Harrison Wallace, Virginia Policy Coordinator at the Chesapeake Climate Action Network, stated:

President Trump’s Bureau of Ocean Energy Management turned its back on coastal communities today when it offered up almost every bit of U.S. coastline for offshore drilling exploration. Since 2015, thousands of coastal citizens and over 140 coastal communities came out strongly against this dangerous drilling practice, yet President Trump’s administration has still decided to take on this reckless draft plan.

Instead of risking the future of an ocean economy that contributes more than $8.3 billion to Virginia’s economy, we should be investing in more wind energy that would double the amount of jobs that offshore drilling could produce. The Trump administration’s decision could also interfere with Navy and NASA operations that take place off of Virginia’s coast, threatening our defense preparedness.

As the effects of climate change ravage Virginia’s coast through stronger storms and increased recurrent flooding, the last thing we should do is attempt to extract even more fossil fuels. Secretary Zinke and the Trump Administration need to listen to the people and protect our climate, our coastline, and our communities.

CONTACT:
Harrison Wallace, Virginia Policy Coordinator, harrison@chesapeakeclimate.org, 804-305-1472
Denise Robbins, Communications Director, denise@chesapeakeclimate.org, 608-620-8819

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200 Landowners and Advocates Join to Oppose Potomac Pipeline as Hogan Administration Weighs Approval

Opposition Against TransCanada’s Potomac Pipeline for Fracked Gas is Swelling Across Region

 
HANCOCK, MD- Over 200 concerned citizens from Maryland, D.C. and West Virginia joined in opposition to the Potomac Pipeline on Tuesday evening in Hancock, Maryland during the Maryland Department of Environment’s public hearing on the controversial pipeline. The evening included a rally outside Hancock High, where the hearing was held, and silent protests during the hearing, with activists standing holding signs while pipeline proponents spoke.
The pipeline, proposed by TransCanada, would ship fracked gas from Maryland to a Mountaineer Gas pipeline in West Virginia, passing through the town of Hancock and underneath the Potomac River. The group of activists drew attention to the dangers of the proposed pipeline and called on Maryland Governor Hogan to direct his administration to protect clean water and deny the water permit necessary for its construction.
“The state of Maryland rose up in unity to stop fracking this spring,” Brooke Harper, Environmental Justice Chair of the NAACP Maryland State Conference and Maryland Policy Director of the Chesapeake Climate Action Network, stated. “But now TransCanada wants to threaten our communities with fracked-gas infrastructure. Governor Hogan cannot allow this to happen. We will rise up again and again until this pipeline has been stopped.”
The rally and public hearing took place amid swelling opposition to the pipeline from across the region.  In recent weeks, the Boonsboro Town Council and the D.C. Council sent letters asking Governor Hogan to reject the pipeline, while the Washington County Board of Commissioners sent a letter expressing concerns about the pipeline and asking him to “protect drinking water” and postpone approval for the pipeline until its dangers are addressed.
“The major concern is the Potomac River,” said Dan Divito, Washington County Deputy Director of Water Quality, addressing his concerns to the Herald-Mail. “The Potomac River is the source of water for our Sharpsburg water treatment plant that supplies all the water to all the citizens of Sharpsburg. The Potomac River is also the source of water for the city of Hagerstown, which not only provides water to the citizens of Hagerstown within the city limits, but also Funkstown Smithsburg, and Williamsport. So there’s a significant number of people who rely on the water that comes from the Potomac River.”
The rally also included landowners like Patricia Kesecker, a seventh generation farmer in West Virginia who was sued by Mountaineer Gas for the right to seize portions of her property to build the pipeline. Kesecker is going to court on Friday, December 22 to request a jury trial to repeal the decision. “It’s a sad day for our family when we have to go to court because Mountaineer Gas wants to seize the land that has been in our family for generations,” Patricia Kesecker stated. “It’s even sadder because it is happening right before Christmas. They won’t allow us our peace on Earth, not even at the holidays.”
The pipeline is being proposed by TransCanada, infamous for backing the Keystone XL pipeline. Less than a month before the hearing, TransCanada’s Keystone pipeline spilled 210,000 barrels of oil in South Dakota. TransCanada’s track record also includes gas pipeline explosions in Manitoba and Wyoming.
“We are well too aware of the risks at stake from this pipeline,” Sammi Brown, Director for Progressive Change Campaign Committee at the West Virginia Working Families Party. “We have seen spill after spill from TransCanada and other companies. We know what will happen if we let them build this — and we won’t let it happen. I will work tirelessly to protect my community in West Virginia. ”
“The risks posed by this pipeline are far greater than the MDE has yet taken into consideration,” stated Brent Walls, Upper Potomac Riverkeeper. “It’s about more than the TransCanada portion of the pipeline. There is a significant threat from the Mountaineer Gas pipeline, which will cross numerous streams that feed into the Potomac River and drinking water sources for the public. But without this information, MDE should have no choice but to deny his permit and the 401 certification.”
From paddling against the pipeline, to a months-long encampment in the spirit of Standing Rock, the coalition fighting the Potomac Pipeline has built a massive movement and drawn national attention to the harms that this project could cause.
Paula Jean Swearengin, West Virginia resident and previous board member of the Keepers of the Mountain Foundation, stated: “As a West Virginia resident and social justice organizer, I’ve seen firsthand how pipelines like this cause downward spirals in our communities. Often times the jobs are outsourced, and the people’s land, water, communities and local economy suffer greatly. West Virginia’s valuable drinking water supply has already taken a hit from fossil fuels, whether it be coal, fracking or pipelines. West Virginia doesn’t need another hit and we hate to see Maryland go down the same path.”
Organizations participating in the action include the Chesapeake Climate Action Network, Eastern Panhandle Protectors, Sierra Club, Potomac Riverkeeper Network, Waterkeepers Chesapeake, and Food and Water Watch and DC 350.
CONTACT:
Brooke Harper; Chesapeake Climate Action Network; brooke@chesapeakeclimate.org; 301-992-6875;
Brent Walls; Upper Potomac Riverkeeper; Brent@upperpotomacriverkeeper.org; 443-480-8970;
Denise Robbins; Chesapeake Climate Action Network; denise@chesapeakeclimate.org; 608-620-8819

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