The Mountain Valley Pipeline (MVP) is 0-4 on first down conversions. The red zone is nowhere in sight, and the clock is running out. Why are people still betting on this team?
Continue readingBREAKING: Fourth Circuit Grants Stay in Endangered Species Act Case
Permits are Required Before MVP Can Proceed with Construction
RICHMOND, VA — The U.S. Court of Appeals for the Fourth Circuit has put a hold on two permits that the fracked gas Mountain Valley Pipeline (MVP) requires to proceed with construction activities. By staying the Biological Opinion and Incidental Take Statement, the Court’s announcement effectively means construction must stop on the 300-mile project. Coming just hours after news broke that MVP must pay a multi-million dollar fine to the Commonwealth of Virginia, today’s announcement is a result of a request for stay filed by the Sierra Club, on behalf of a coalition of conservation organizations, including Wild Virginia, Appalachian Voices, Preserve Bent Mountain, Defenders of Wildlife, Chesapeake Climate Action Network, and the Center for Biological Diversity.
In response, Sierra Club Staff Attorney Elly Benson released the following statement:
“MVP’s dangerous pipeline project has already destroyed and degraded the habitat of endangered species along its route, not to mention the threat it poses to clean air and water. That’s why, time after time, we have said MVP should stop work on this pipeline. Their rushed, shoddy permitting puts the entire project in question. And time after time, the courts have agreed. Maybe now MVP will do the smart thing, and walk away from this disastrous fracked gas pipeline once and for all.”
David Sligh, Conservation Director for Wild Virginia said:
“We applaud the court’s action. This project has already caused great harm to Virginia’s environment and people. It is time for the Fish and Wildlife Service to finally live up to its legal mandates and prohibit any further damage. This project cannot be built as proposed while protecting these rare and sensitive species and should be abandoned now.”
Anne Havemann, General Counsel, Chesapeake Climate Action Network:
“The rush to build this unnecessary and harmful pipeline has polluted drinking water, harmed livelihoods, triggered landslides, and further threatened already endangered species. Given the devastation that construction of the Mountain Valley Pipeline has left in its wake, the Court was right to stay the permits. MVP should see the writing on the wall and give up on this disastrous project.”
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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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Top 5 Reasons Why You Need to Visit Miracle Ridge this Summer
In July, I joined activists, advocates, and property owners in Bath County to experience the pristine beauty of Miracle Ridge.
The ridgeline, named by property owners Bill and Lynn Limpert, can only be fully appreciated by visiting it in person. From the pure waterways from which the county derives its name, to the grand trees that outdate our country’s government, even one afternoon on Miracle Ridge will drive home the sheer absurdity of Dominion’s plan to blow up this ridgeline at taxpayers’ expense, just to ensure an windfall of profits in the years to come.
Here are four reasons why you need to come visit Miracle Ridge this summer:
1) Build relationships with the people that are being asked to sacrifice their land
A visit to Miracle Ridge is more than just a camp. It is a way to connect with the Limpert family and the greater Bath community. On my first official full day at the camp neighbors came from miles away to share stories on the Limperts’ north-facing front porch and talk with the media.
One couple, Jeannette and Gary, have roots extending in the community as deep as the trees themselves. They met in Bath County many years ago when Gary came to Jeanette’s house to clean her chimney. But Jeannette’s family tree extends in Bath back to 1792. Her ancestors fought for freedom and independence in the Revolutionary War. Now, she finds herself in a battle for the freedom and independence from the extractive fossil fuels industry that seeks to take the land that has been in her family for so many generations.
2) Hike Miracle Ridge
Every day upon awakening in Bath County I had the opportunity to hike Miracle Ridge. Just sixty seconds into my first hike I could see why the ridgeline is so deserving of its grand namesake. It is a nature lover’s dream.
On Saturday, Mike, Bill, Sam, Jarrod and I walked to the top of the Ridge all the way to the National Park service road. Along the way we encountered centuries-old sugar maple trees, heard the calls of numerous rare birds, and embarked on a search for the Rusty Patched Bumble Bee. This bumble bee is officially listed as endangered under the Endangered Species Act (ESA), with climate change and increased exposure to disease has caused the bee’s population to plummet by 90% since 1990. There have been a number of Rusty Patched Bee sightings on Miracle Ridge, which if proven could prove tremendous in the fight against the ACP.
Experiencing this in person is a glaring reaffirmation that Dominion’s plan to blow Miracle Ridge by the equivalent of a two-story building is nothing short of radical and extreme.
3) Swim in some of Virginia’s most pristine water
Just down the mountain from Miracle Ridge are a number of the fresh mineral water springs from which the Bath County has received its namesake. Renowned for its healing properties, the pristine water attracts travelers and tourists from all over the continent every year.
The pure nature of the water is due to the high concentration of Karst – one of mother nature’s most powerful water filtration systems. This geological typography is characterized by a network of caves, fissures, sinkholes, and underground streams and is prone to sinking.
Many experts point to constructing the proposed pipeline of cause as a reason for alarm, as industrial-scale construction and ridgetop removal could potentially have irreversible negative impacts on the local waterways.
4) Make connections with other like-minded activists
Activists and advocates from all across the region are coming to Miracle Ridge to make a stand.
Saturday afternoon our group was joined by two activists: Holden and Gabriella who organize against the ACP in North Carolina and heard about the encampment on Facebook. Over dinner that evening we shared strategies of what was working in each of our states and reaffirmed our commitment to defending Miracle Ridge and all lands threatened by pipelines until the very end.
5) Meet Ona for herself
One of the most humbling experiences about a visit to Miracle Ridge is an opportunity to meet with Ona, the 300-plus-year-old sugar maple that has been likened to a piece of art and is making waves all across the region.
“Ona,” an ancient Hebrew name meaning “graceful,” could not have a more appropriate from one of the most visually striking features on Miracle Ridge. Standing at a jaw-dropping 60-feet with a 15-foot circumference, you can feel Ona’s magnetic presence as soon as you stand up to her. This tree, which outdates Dominion and the fossil fuels industry itself is now being threatened to be cut down to make way for a violent pipeline that will lock us into fossil fuels extraction for another generation. One trip to Miracle Ridge will reaffirm everything that we are being asked to sacrifice for Dominion’s profits and will reaffirm why we will need to continue to fight even harder in the weeks and months to come.
RSVP today to join us at Miracle Ridge!
VA delegates and senators support "Stand with Red"
Yesterday, more than a dozen Virginia delegates and senators joined the chorus of landowners, activists, and faith communities in voicing their opposition to the proposed Mountain Valley and Atlantic Coast Pipelines.
Dubbed Stand with Red day, the event sought to highlight cruel attempts by the pipeline companies, with the support of Virginia’s law enforcement agencies, to starve “Red” Terry — a mother in Roanoke County. She has been sitting in a tree on her own property with her daughter refusing to leave until the pipeline companies themselves depart the land that her family has called home for seven generations.
The event, organized by Northern Virginia-based attorney and journalist Jon Sokolow, included eleven state delegates and two senators. They all urged Governor Northam to fulfill his 2017 campaign promise to be “very cognizant” of property rights, and to demand that his Department of Environmental Quality undergo “site-specific” permitting processes.
“Let me be clear,” said Blacksburg Delegate Chris Hurst, “it should not be up to landowners, who have already had their land taken through invalid eminent domain procedures to make sure Mountain Valley Pipeline LLC does its job correctly. It should be our state agencies who lead that effort.”
Stand with Red day is not only an addition to the litany of protests against the Atlantic Coast and Mountain Valley Pipelines which are seen on a regular basis, it is the culmination of years of work hammering away at Dominion, EQT, and the elected officials that do their bidding. It marks a definitive shift in Virginia’s political culture — which until recently was completely imprinted with the self-interest of Dominion, EQT, and other big polluters. Let there be no mistake about this, Virginia’s shifting political climate is due to nothing less than the countless hours and sacrifices made by activists, landowners, and whole communities to stop these pipelines in their path for the past three years.
“The word MVP should no longer be used to refer to them”, said 35th District Delegate Mark Keam as he addressed the booming crowd. “They are nothing close to what an MVP should be. The word MVP belongs to Red, her husband, and everybody else that is standing up. All of you here today are the real Most Valuable Players.”
To make a donation to the treetop rebellion resistance CLICK HERE. If you are inspired become a volunteer monitor to scrutinize every regulation that these pipelines break CLICK HERE to learn more about being trained!
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
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.
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.”
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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CCAN Condemns Approval for Mountain Valley Pipeline
Governor Terry McAuliffe’s Support for the MVP Pipeline Helps Doom Landowners While Dramatically Increasing Greenhouse Gas Emissions and Cementing the Governor’s Negative Legacy on the Environment
Statement from Mike Tidwell, Director, Chesapeake Climate Action Network:
“Terry McAuliffe has harmed farmers, consumers, drinking water, and the climate by pushing the Virginia Water Control Board to give final approval today of the Mountain Valley Pipeline. The 301-mile pipeline for fracked gas constitutes a colossal misallocation of resources and will permanently harm the Governor’s economic and environmental legacies.
“Even as the on-the-ground evidence shows guaranteed harm to Virginia’s watersheds, and even as scientists sound the loudest possible warning bells on climate change, the Water Control Board gave the Governor what he asked for: a final build recommendation. This decision paves the way for the literal obliteration of mountain ridgetops, the clear-cutting of forests, and for massive trenching and tunneling across valleys for a pipeline that is not even needed and that serves only to enrich energy companies while hurting ratepayers.
Governor McAuliffe made construction of the MVP pipeline a top priority of his term and his administration testified vigorously in support of the pipeline during the Water Board’s final two-day hearing this week.
Our hope is that the Water Board, next week, will ignore the Governor’s similarly misguided support of a second gas pipeline – the Atlantic Coast Pipeline favored by controversial political donor Dominion Energy – when the Board votes on that pipeline next Tuesday.”
Background:
Thousands of Virginians have mobilized over the past three years to stand against the Mountain Valley and Atlantic Coast pipelines. See fact sheet here. Over 17,000 community members submitted comments to the Federal Energy Regulatory Commission against the MVP during the public comment period. Activists have garnered opposition from all walks of life, from faith leaders to military veterans and more. The mobilization against the pipelines has also included civil disobedience, with 23 Virginians getting arrested outside the Governor’s mansion in 2016 and 19 arrested for barring the entrance to the Department of Environmental Quality office in Richmond this September.
The Water Control Board voted 5-2 to approve the pipeline with an amendment that attempts to preserve its right to examine stream crossings at a later date. This is an unprecedented permitting process and it’s unclear whether or not the Board’s attempt to protect water quality will be effective.
CONTACT:
Mike Tidwell, Executive Director, Chesapeake Climate Action Network, 240-460-5838, mtidwell@chesapeakeclimate.org
Anne Havemann, General Counsel, Chesapeake Climate Action Network, 240-396-1984
"Water is Life Rally and Concert" in Richmond Dec. 2
This encirclement will be the first public action against the pipelines of its kind in Virginia’s history. After the rally, we’ll stick around for a concert at “The National” theater just two blocks away.
We have to be creative and loud on December 2nd because, frankly, time is running out. The State’s Water Control Board will hold final hearings in Richmond on the MVP (Dec 6-7) and the ACP (Dec 11-12). We’ll be putting pressure on the Water Control Board with our massive rally and we’ll be telling our new governor and House of Delegates that water is life and we intend to preserve it for all our children!
RSVP today!
http://bit.ly/stop-va-pipelines
TAKE A BUS
Hampton Roads
- Time: 10:00am
- Location: 6101 N Military Hwy, Norfolk, VA, 23518 (Newport News or Hampton pickup TBD)
- RSVP: http://vasierra.club/waterislifetransport
Northern Virginia
Pickup #1: Leesburg, VA
- Time: 9:30 am
- Location: Leesburg Food Lion, S. King Street, Leesburg, VA
- RSVP: http://vasierra.club/waterislifenova
Pickup #2: Vienna, VA
- Time: 10:45 am
- Location: Vienna Metro Kiss and Ride, 9550 Saintsbury Drive, Vienna, VA
- RSVP: http://vasierra.club/waterislifenova
Staunton
- Time: 10:00 am
- Location: Lowe’s parking lot, 1028 Richmond Ave, Staunton, VA 24401
- RSVP: http://vasierra.club/waterislifestauntonbus
Harrisonburg / Charlottesville
Pickup #1: Harrisonburg
- Time: 10:30 am
- Location: JMU Memorial Hall, 395 South High Street, Harrisonburg, VA 22801. Bus stop on north side of Memorial Hall (near the softball field)
- Charlottesville pickup location (11:15am): Giant parking Lot, Rivanna Ridge on Pantops
- RSVP: http://vasierra.club/waterislifestauntonbus
Pickup #2: Charlottesville
- Time: 11:15 am
- Location: Giant parking Lot, Rivanna Ridge on Pantops
- RSVP: http://vasierra.club/waterislifestauntonbus
Roanoke (newly added!)
- Time: 8:45 am
- Location: Unitarian Universalist Church in Roanoke (2015 Grandin Rd SW, Roanoke, VA 24015)
- RSVP: https://www.eventbrite.com/e/swva-bus-to-water-is-life-rally-concert-tickets-39924804164
FIND PARKING

This FERC commissioner rejected the agency's approval for the Atlantic Coast and Mountain Valley Pipelines
Late last Friday night, FERC issued certificates of approval for both the Atlantic Coast and Mountain Valley Pipelines. It was a cowardly, horrific move for the agency to dump this news on a Friday night — but we didn’t expect much better from an agency now run by Trump’s fossil-fueled appointees.
However, there is an interesting side to this story. One FERC commissioner, Cheryl LaFleur, dissented with the others on their decision. This is the first time she has dissented on a pipeline application in her many years of service — ever. By contrast, the two commissioners who voted in favor of the pipelines were appointed barely a couple months ago.
Read her dissent below, or download a PDF here, and share widely. Stay tuned — big actions to come.
Statement of Commissioner Cheryl A. Lafleur on Order Issuing Certificates and Granting Abandoment Authority under CP15-554 et al.
“With the increasing abundance of domestic natural gas, the Commission plays a key role in considering applications for the construction of natural gas infrastructure to support the delivery of this important fuel source. Under the Certificate Policy Statement, which sets forth the Commission’s approach to evaluating proposed projects under Section 7 of the Natural Gas Act,the Commission evaluates in each case whether the benefits of the project as proposed by the applicant outweigh adverse effects on existing shippers, other pipelines and their captive customers, landowners, and surrounding communities.1 For each pipeline I have considered during my time at the Commission, I have tried to carefully apply this standard, evaluating the facts in the record to determine whether, on balance, each individual project is in the public interest.2 Today, the Commission is issuing orders that authorize the development of the Mountain Valley Pipeline Project/Equitrans Expansion Project (MVP) and the Atlantic Coast Pipeline Project (ACP). For the reasons set forth herein, I cannot conclude that either of these projects as proposed is in the public interest, and thus, I respectfully dissent.
“Deciding whether a project is in the public interest requires a careful balancing of the need for the project and its environmental impacts. In the case of the ACP and MVP projects, my balancing determination was heavily influenced by similarities in their respective routes, impact, and timing. ACP and MVP are proposed to be built in the same region with certain segments located in close geographic proximity. Collectively, they represent approximately 900 miles of new gas pipeline infrastructure through West Virginia, Virginia and North Carolina, and will deliver 3.44 Bcf/d of natural gas to the Southeast. The record demonstrates that these two large projects will have similar, and significant, environmental impacts on the region. Both the ACP and MVP cross hundreds of miles of karst terrain, thousands of waterbodies, and many agricultural, residential, and commercial areas. Furthermore, the projects traverse many important cultural, historic, and natural resources, including the Appalachian National Scenic Trail and the Blue Ridge Parkway. Both projects appear to be receiving gas from the same location, and both deliver gas that can reach some common destination markets. Moreover, these projects are being developed under similar development schedules, as further evidenced by the Commission acting on them concurrently today.3 Given these similarities and overlapping issues, I believe it is appropriate to balance the collective environmental impacts of these projects on the Appalachian region against the economic need for the projects. In so doing, I am not persuaded that both of these projects as proposed are in the public interest.
“I am particularly troubled by the approval of these projects because I believe that the records demonstrate that there may be alternative approaches that could provide significant environmental advantages over their construction as proposed. As part of its alternatives analysis, Commission staff requested that ACP evaluate an MVP Merged Systems Alternative that would serve the capacity of both projects.4 This alternative would largely follow the MVP route to deliver the capacity of both ACP and MVP in a single large diameter pipeline. Commission staff identifies significant environmental advantages of utilizing this alternative. For example, the MVP Merged Systems Alternative would be 173 miles shorter than the cumulative mileage of both projects individually. This alternative would also increase collocation with existing utility rights-of-way, avoid the Monongahela National Forest and the George Washington National Forest, reduce the number of crossings of the Appalachian National Scenic Trail and Blue Ridge Parkway, and reduce the amount of construction in karst topography. Commission staff eliminated this alternative from further consideration because it failed to meet the project’s objectives, in particular that it would “result in a significant delay to the delivery of the 3.44 Bcf/d of natural gas to the proposed customers of both ACP and MVP”5 due to the significant time for the planning and design that would be necessary to develop a revised project proposal.6
“Similarly, in the MVP FEIS, Commission staff evaluated a single pipeline alternative to the MVP project that would utilize the proposed ACP to serve MVP’s capacity needs.7 While this alternative was found to have certain environmental disadvantages, such as the need for additional compression to deliver the additional gas, the EIS acknowledges that this alternative would “essentially eliminate all environmental impacts on resources along the currently proposed MVP route.”8
“I recognize that the two alternatives described above were eliminated from further consideration because they were deemed not to meet each project’s specific stated goals. However, I believe that these alternatives demonstrate that the regional needs that these pipelines address may be met through alternative approaches that have significantly fewer environmental impacts.
1. Certification of New Interstate Natural Gas Pipeline Facilities, 88 FERC ¶ 61,227 (1999) (Certificate Policy Statement), order on clarification, 90 FERC ¶ 61,128, order on clarification, 92 FERC ¶ 61,094 (2000); 15 U.S.C. 717h (Section 7(c) of the Natural Gas Act
provides that no natural gas company shall transport natural gas or construct any facilities for such transportation without a certificate of public convenience and necessity.).
2. See Millenium Pipeline Company, L.L.C., 140 FERC ¶ 61,045 (2012) (LaFleur, Comm’r, dissenting)
3. ACP and MVP filed their applications for approval pursuant to section7(c) of the Natural Gas Act on September 18, 2015 and
October 23, 2015, respectively.
4. ACP Final Environmental Impact Statement (FEIS) at 3-6 – 3-9.
5. Id. at 3-9.
6. Staff also found that this alternative would likely limit the ability to provide additional gas to the projects’ customers, another of the stated goals for the original proposal. Id.
7 MVP FEIS at 3-14.
8 Id