Severe Impacts to Occur All Along the Pipeline

Do the ACP surveyors represent a private company or a regulated utility?

From an Article by the Staff, NBC News 29 (WVIR), September 18, 2016

Augusta County, VA — There’s a big break for those against the controversial Atlantic Coast Pipeline. The Virginia Supreme Court will now hear an appeal after an Augusta County Circuit Court judge ruled surveyors could come on one Nelson County woman’s private property.

An attorney for the property owner says he’s grateful the state Supreme Court will take up the issue and hopefully clarify private property rights the Virginia Constitution.

The appeal, which was granted Friday, September 16th, found two faults in the original trial rulings.

Court documents indicate Atlantic Coast Pipeline, LLC cannot use a section of state code on natural gas companies to enter private property. The LLC is the group building the pipeline.

Lawyers say that the ACP-LLC is not registered with the state corporation and should not be considered a public service company.

Court documents also say the original rulings violate the state constitution and infringe the fundamental right to private property.

The property owner’s lawyer says any decision will only affect those who have not given permission for pipeline surveyors to come on their land.

Attorneys will have to argue their cases in front of all seven justices at the Virginia Supreme Court. That will likely happen in January.

See also:


Pipeline Construction Causes Impacts

Hundreds of Nonprofit Organizations Join to Demand Reform of Rogue Agency

PRESS RELEASE From Vivian Stockman, Ohio Valley Environmental Coalition, September 22, 2015

Washington, DC – More than 180 organizations representing communities across America, including West Virginia, called on leaders in the Senate Energy and Natural Resources Committee and House Energy and Commerce Committee to hold congressional hearings into the Federal Energy Regulatory Commission’s (FERC) extensive history of bias and abuse. The groups are also requesting reform of the Natural Gas Act, which the groups say, gives too much power to FERC and too little to state and local officials.
“The time has now come for Congress to investigate how FERC is using its authority and to recognize that major changes are in fact necessary in order to protect people, including future generations, from the ramifications of FERC’s misuse of its power and implementation of the Natural Gas Act,” says Maya van Rossum, the Delaware Riverkeeper, leader of the Delaware Riverkeeper Network and a primary organizer of the effort.

“The Greenbrier River Watershed has two pipelines proposed: Atlantic Coast and Mountain Valley, yet FERC refused to do a Programmatic EIS to look at the need for two pipelines,” says Leslee McCarty, coordinator of the Greenbrier River Watershed Association.  “We hope Congress, instead of speeding up approvals for these projects, will force FERC to look closely at need, especially in light of global climate change.”
“The FERC represents the epitome of what the world has come to recognize as a rogue regime: unbridled power over citizens and unquestionable allegiance to and cooperation with unethical, socially unjust and environmentally dismissive corporations,” says Monroe County, WV resident Laurie Ardison,  co-chair of POWHR (Protect Our Water, Heritage, Rights).” For the citizens of this country to be victims of the FERC is unconscionable. Congress must reign in this agency which left unchecked, will continue to foster incalculable harms as the fossil fuel industry develops beyond need.”
McCarty adds, “Fracked gas may prove to be even more of a dirty fuel than coal. Yet in the US, and especially in West Virginia, we are asked to embrace this dirty business as our savior. It is a testimony to slick public relations and strategic campaign contributions from fossil fuel companies, and keeps us on a dangerous path to certain disastrous climate change and boom and bust economic development. This is the time for West Virginia to look to revitalize our energy portfolio and keep sustainable jobs, not continue to be led down the painful road we have traveled in the past.”
The letter to Chairman Fred Upton (R-MI), Chairwoman Lisa Murkoski (R-AK), Ranking Member Frank Pallone (D-NJ) and Ranking Member Maria Cantwell (D-WA), signed by 182 community organizations representing communities in 35 states of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, New Hampshire, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, West Virginia as well as the District of Columbia, argues that FERC’s review and approval process for jurisdictional pipeline projects is infected by bias; and that it is resulting in uncontrolled and irresponsible proliferation of unneeded natural gas pipelines.

Finally, the letter charges the agency with misusing provisions in the law to strip people and states of their legal rights, to prevent fair public participation in the pipeline review process, and to improperly use the power of eminent domain to take private property and public lands in a way that inflicts unforgivable harm to rights, jobs, and communities. 

The letter details how FERC has implemented the Natural Gas Act in ways that deliberately undermine public input. FERC has prevented communities from challenging projects before the exercise of eminent domain and pipeline construction, made decisions to benefit its Commissioners, and used conflicted consultants to handle much of the review process. 
In addition to calling for hearings into FERC and the Natural Gas Act, the letter opposes any further advancement of language in the Energy Policy Modernization Act of 2016 meant to shorten critical pipeline review periods. Signers of the letter argue that the proposed law should be held in abeyance until after the hearings, where Congress will learn “how people’s rights, state’s rights, and the environment are already being abused under the implementation of the Natural Gas Act and so will be further harmed by passage of provisions proposed in the new law.”

Upon Congressional review, DRN and fellow parties demand the reforms necessary to address FERC’s extensive abuse of power, which requires revising the Natural Gas Act to prevent the misuse and exploitation that has been rampant. Additionally, the organizations seek affirmative action to remedy FERC’s problematic funding structure.
“FERC is corrupt and needs to be reformed,” says Paul L Gierosky, cofounder, Coalition to Reroute Nexus. “The evidence is overwhelming and clear as is set forth in the request for Congressional Hearings. It is time for Congress to hold FERC accountable.”
“The number of frack gas pipelines is exploding and the feds are not only not applying appropriate oversight, but are in fact also enabling the trampling of people’s property rights, public health standards, and environmental prote,” says David Pringle, NJ Campaign Director, Clean Water Action. “This letter is a clarion call to action for Congress to rein in this modern day Wild West that if left unchecked will lead to even worse abuses and explosions.”
A pdf of the letter is available here:

{ 1 comment }

Major New Pipelines Proposed in 24 States — More Climate Change Denial?

September 23, 2016

Some 14 Pipeline Projects in 24 States … Which Will Be the Next Battleground From an Article by Dan Zukowski,, September 22, 2016 Encouraged by the Obama administration’s shelving of the Keystone XL pipeline and its revoked authorization for construction of the Dakota Access Pipeline on federal lands, activists are now eyeing new battles. [...]

Read the full article →

Most All Scientists Know Climate Change is a Threat.

September 22, 2016

Politicians need to realize it, too. Some 375 scientists have written a letter about what’s at risk. From an Article by Kerry Emanuel and Ben Santer, Washington Post, September 20, 2016 The climate is changing in dangerous ways, and we are responsible for most of these changes. This is not a matter of conjecture or [...]

Read the full article →

Construction is Already Underway on Antero’s Clearwater Facility

September 21, 2016

Residents wary of Antero’s answer to fracking wastewater problem From an Article by Ken Ward, Jr., Charleston Gazette-Mail, September 17, 2016 << Antero Resources is still seeking some of the permits it needs for a massive fracking wastewater treatment operation, but construction of the facility is well underway along the Doddridge-Ritchie County line >> Greenwood, [...]

Read the full article →

World Bank: Air Pollution is Costing the United States $45 Billion per Year

September 20, 2016

Air pollution costs trillions and holds back poor countries, says World Bank From an Article by John Vidal, The Guardian, September 8, 2016 << Study finds dirty air takes huge economic toll on poor countries and costs the world more than $5tn annually in lost work days and welfare costs >>  Air pollution costs the world [...]

Read the full article →

Natural Gas is the Wrong Choice for our Future Energy Supply

September 19, 2016

Natural gas will turn out to be wrong choice From the Guest Opinion-Editorial Commentary by S. Thomas Bond, Charleston Gazette-Mail, September 18, 2016 It is now becoming clear that developing unconventional drilling for hydrocarbon fuels is the wrong choice. Two trends moving rapidly work against then: increasing population and global warming. World population is over 7 billion and [...]

Read the full article →

FERC Releases Draft Environmental Impact Statement for Mountain Valley Pipeline Project

September 18, 2016

FERC draft report calls pipeline’s potential impact ‘limited’ From an Article by Duncan Adams,, September 16, 2016 The federal commission evaluating the proposed Mountain Valley Pipeline issued Friday a draft environmental impact statement for the deeply controversial project — a major milestone in the review process. The 781-page statement from the Federal Energy Regulatory Commission [...]

Read the full article →

Al Gore 2016 – The Case for Optimism on Climate Change?

September 17, 2016

TED Talk Video Recommended for All Citizens This video here is very impressive and you should watch it! Despite the title, Gore starts with a long and terrifying account of what climate change is doing. So what’s his case for optimism? Quoting Al Gore:  “So the answer to the first question, “Must we change?” is [...]

Read the full article →

WV & VA Water Quality Monitoring Program Description

September 16, 2016

NOTICE:  Water Quality Monitoring Program Underway for Snapshot Day From the West Virginia Rivers Coalition, September 14, 2016 We are so excited to offer a volunteer opportunity as part of Trout Unlimited’s and WV Rivers’  WV/VA Water Quality Monitoring Program! We are hosting a one day Watershed Snapshot Day for folks to help us collect water quality [...]

Read the full article →