Fossil Fuel industry continues to extract riches from West Virginia as people suffer
LOGAN, W.Va. – Forty-seven years ago today, 125 West Virginians died when the Buffalo Creek Mining Company waste containment pond dam burst at the head of Buffalo Creek, releasing 135 million gallons of water, sludge and mud to form a 30-foot high wall of debris that rushed through the valley below. In addition to the dead, several thousand people were displaced and approximately 1,000 homes destroyed.
While I was only 15 at the time, I remember it well. That is because on the next day, a Sunday, the youngest priest in our parish – Immaculate Conception Catholic Church in Clarksburg, W.Va. – did not mince words in his homily. He unapologetically launched into a stinging criticism of the coal industry and state officials, who he considered complicit in the tragedy. His homily drove a wedge not only in the parish, but in many families. As an idealistic teenager, I found myself at odds with my dad, who was not pleased that the priest had used Mass to speak to a current event – especially in Coal Country. He and my mom had quite a donnybrook that afternoon after Mass. That they did was not surprising; dad had a business perspective, mom a social justice point-of-view.
I remained quiet, but it was at that moment that I began to question the propaganda of the coal industry. I don’t question it anymore. I KNOW it is cowpatties.
Six or seven years after the tragedy, Sarah and I were visiting another priest and close family friend who was stationed in Logan at the time. He took us on a “tour” of the area. Evidence of the devastation remained, and old mining houses with families living in abject poverty lined the dirt roads. I recall thinking that once the TV cameras and reporters with their notepads left the scene, the area returned to business as usual.
That is still the case.
The death and destruction resulting from Mountaintop Removal is thoroughly documented here and elsewhere. I have written here about at least a dozen reasons that fracking is bad for all living things. Additionally the rush by energy companies such as Duke Energy, Dominion Resources, Consol Energy and others to build the Atlantic Coast Pipeline, Mountain Valley Pipeline and several others is trampling upon individual rights, threatening endangered species and unspoiled forest land. It also poses a clear and present danger to human life, as there have literally been hundreds of pipeline explosions and other health problems since the turn of the century, such as the child pictured who suffers from nosebleeds and other ailments due to living in the midst of the fracking fields in northern West Virginia.
Meanwhile, lawmakers in all three states are displaying an appalling lack of historical awareness, gutting laws that protect people and the environment from the deadly practices of the industry.
In short, it is business as usual. As we learned from Buffalo Creek, that is a disaster waiting to happen.
© Michael Mathers Barrick, 2015-2019. Buffalo Creek photo credit: James Hagood Collection 2048 05. MTR and child photo courtesy of Ohio Valley Environmental Coalition.
It is Duke, Dominion and EQT that are terrorizing people
By Michael M. Barrick
RALEIGH, N.C. – The North Carolina’s surveillance and counter-terrorism unit has conducted a “threat assessment” of opponents to the Atlantic Coast Pipeline (ACP), which is scheduled to be built in eastern North Carolina, according to North Carolina Policy Watch: “State Bureau of Investigation unit prepared “threat assessment” of Atlantic Coast Pipeline protestors.”
According to the article, “The state’s surveillance and counter-terrorism unit, the Information Sharing and Analysis Center (ISAAC), warned law enforcement officials that the Atlantic Coast Pipeline could attract “violent extremists” who are opposed to the natural gas project in North Carolina … .” If approved, the Atlantic Coast Pipeline will run more than 170 miles through North Carolina roughly parallel with I-95 east of Raleigh.
The law enforcement analysis could not be more misguided.
There are terrorists involved in fracking and related pipeline development – if that’s the word the law enforcement wishes to use – but they are not the opponents to the pipeline; rather the ones terrorizing people and the environment are the corporations building the pipelines. These include Duke Energy of Charlotte, Dominion Resources of Richmond, and EQT of Pittsburgh. The latter company is the primary developer of the Mountain Valley Pipeline (MVP), another controversial pipeline being built through West Virginia and Virginia.
The ISAAC would be well served to listen to this excellent interview of Ellen M. Gilmer, a legal reporter with E&E News by West Virginia Public Radio. Gilmer offers an analysis of the court battles involving both pipelines. One listening to it will see that pipeline opponents don’t have to resort to “terrorism.” Why? They are enjoying many victories in state and federal courts. Victories, in fact, that for now have shut construction of the pipelines down.
Opponents are not wide-eyed radicals and Gilmer knows it. How do I know? In 2015, I gave her a tour of the area in northern West Virginia where both pipelines originate. While living and reporting from there, I was covering construction of the Stonewall Gas Gathering line, a 36” diameter, 55-mile pipeline. Because it did not cross state boundaries, it did not need federal approval. Nevertheless, the pipeline’s builders were terrorizing people along the entire route.
As I took Ms. Gilmer around, I introduced her to the people most impacted by that project and introduced her to others whose land is threatened by the ACP and/or MVP. You’d have to ask her yourself, but I’m pretty sure she didn’t meet anyone that could be construed as a terrorist.
But, this is what she did see (or hear about because of time constraints):
- A farmer in Doddridge County whose crops were destroyed because of improper erosion controls upstream during pipeline construction
- Sick people throughout Doddridge County
- The local newspaper is owned, literally, by gas and oil company owners
- Citizens injured and killed by industry trucks
- Residents leaving the state
These are just but a few examples. There are several more links at the end of this article. However, one moment stands out for me. It was at an event where the fossil fuel industry and law enforcement teamed up to intimidate local citizens simply curious about the pipelines as they were first announced. It was then that I knew the fix was in. The corporations got to the legislators, who then pressured law enforcement. Now it’s happening in North Carolina. It is beyond unnecessary – it is chilling.
What is fracking?
Fracking is a slang word for hydraulic fracturing, the process of injecting a fluid consisting of water, sand and chemicals at high pressure into shale. This fractures the rock, releasing natural gas, which is then extracted. In West Virginia, Ohio and Pennsylvania the Marcellus shale, a layer of rock 3,500 – 8,000 feet below the surface, is the object of fracking. The vertical depth of the formation is about 150 feet. Whether recovered or left behind, the frack fluid presents problems. The wastewater contains not only the chemicals added to the water, but also leaving minerals and radioactive materials recovered as part of the extraction process.
Fracking and pipeline construction are inexorably linked. Without fracking, there is no need for a pipeline. With fracking, all the risks associated with pipeline construction serve only to aggravate the impact of the process. So, there are many good reasons (see next section below) for people to oppose the ACP and MVP. The ACP is the longest, at more than 600 miles, terminating in Robeson County, N.C.
The companies seeking approval to build the ACP have harassed land owners wishing to protect their land from the devastation that would be caused by the ACP construction, not to mention the potential danger it poses for those living alongside of it. Having learned of what the people along the proposed ACP route have endured in West Virginia and Virginia, it is clear that the people of North Carolina need political leaders who will defend them, not consider them threats.
Fracking impacts and risks (Or ‘A Dirty Dozen Reasons to Oppose Fracking’)
Dead and injured workers (here and here), explosions on fracking pads (here), dead and injured motorists (here and here), destroyed wells and streams (here), dead livestock (here) and sickened residents (here) are just some of the public health and safety risks associated with fracking. Indeed, the list is rather long. The negative by-products of fracking include:
- Public Health Issues
- Water Use and Contamination
- Air Pollution
- Waste Disposal
- Site Development and Well Pad Activity
- Misuse of Eminent Domain
- Climate Change
- Traffic Congestion
- Potential Earthquakes
- Industry Instability
The people experiencing these events and tactics do not sound like terrorists. They sound like people who are being terrorized.
This is not new to the fossil fuel industry. A century ago, during the West Virginia Mine Wars, as the coal companies worked to keep the unions out of the coal fields, they hired Baldwin-Felts detectives to brutalize the miners and their families. The companies also ensured that local law enforcement did their bidding.
Perhaps the most famous of these “lawmen” was Don Chafin, the sheriff of Logan County, W.Va., during the Mine Wars. According to the West Virginia Archives and History website, “In 1921, he mobilized a small army of deputies – later formally organized into the militia by order of the governor – which met the union organizers in skirmishes at Blair Mountain on the Boone – Logan county border and in the Crooked Creek section. Thousands of shots were fired and much blood shed but there were relatively few casualties. Once source says 47 were killed and more than 100 injured.
“Mingo County then the center of organizing activity, was under martial law. Union miners in Kanawha heard rumors that their comrades to the south were being mistreated. That started their march south through Boone and Logan. On their way they planned to break down Chafin’s non-union stronghold. Their favorite marching song was “Hang Don Chafin to a Sour Apple Tree.’”
ISAAC’s snooping proves beyond any doubt that efforts by the fossil fuel industry to get the likes of Don Chafin to do their bidding here and now remains alive and well.
The proper response – A moratorium on fracking
Clearly, despite industry claims, it has much to prove before we can consider fracking and related pipeline development safe. So, the only option is to operate according to the Precautionary Principle. The Science & Environmental Health Network says about the Precautionary Principle: “When an activity raises threats of harm to human health or the environment, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically. In this context the proponent of an activity, rather than the public, should bear the burden of proof. The process of applying the precautionary principle must be open, informed and democratic and must include potentially affected parties. It must also involve an examination of the full range of alternatives, including no action.”
Based on this definition, the only proper response is a moratorium on fracking. A moratorium remains in place only so long as the burden of proof has not been met. Should the industry, as some point in the future, demonstrate that fracking does not pose a threat to public health and the environment, the moratorium could be lifted.
Add me to the list
I’m a pipeline opponent. I’ve never pretended otherwise. My writing has been focused on holding the fossil fuel industry accountable for the death and destruction it has caused in Appalachia and beyond. But, I’ve never touched a soul, never issued a threat, never trespassed, never polluted streams or any of the other numerous horrors the fracking industry has done.
What I have done is exercise my First Amendment rights. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Motivated and informed by my understanding of liberation theology, I have spoken and written against fracking and related pipeline development. I’ve been part of demonstrations of assembly. In short, I’ve been one of thousands of pipeline opponents who have legally and appropriately petitioned the Government.
So, if that puts me on a threat assessment watch list, then add me to the list and watch away. I’m quite familiar with the fossil fuel industry’s tactics. The ISAAC list is one I’d be proud to be on. But it won’t stop me or any other pipeline opponents. Why? Because we understand that it is time that the people – not crony capitalists – run our state and nation.
© Michael M. Barrick, 2018
Other articles I’ve written about the Fossil Fuel Extraction Industry
Environmental groups accuse agency of ‘foot-dragging’
MONTEREY, Va. – The Dominion Pipeline Monitoring Coalition (DPMC) has learned that the Department of Environmental Quality (DEQ) is just now compiling the thousands of emails and other comments citizens submitted during the comment period that ended more than a month ago.
This outrageous foot-dragging fits a pattern DEQ has set for months and heightens the likelihood of further damage to state waters by the Mountain Valley Pipeline (MVP) and the Atlantic Coast Pipeline (ACP) before the State Water Control Board has the chance to rule on the sufficiency of waterbody crossing reviews. The Board saw a need for this information way back on April 12, based on concerns that a blanket permit from the Corps of Engineers may not be adequate to ensure Virginia’s water quality standards will be met.
On July 3, with no commitment from DEQ as to when the comments would be available to all, DPMC decided to acquire them and provide them online. We filed a records request on July 3, 2018, seeking copies of all comments sent to DEQ. The law requires the agency to provide records within five work-days or explain why it is not “practically possible” to do so in that time period.
That deadline fell on July 11 and that day DEQ told us it would not get us the emails within the required time or tell us when it would be able to do so. They said the emails had not yet been compiled so they could be provided electronically, due to technical difficulties. We then insisted we be allowed to review the emails in person on DEQ’s computers and were told this too was not possible. We reiterated that the law required better and that we would not accept DEQ’s failure to comply.
Suddenly, just two days later on July 13, DEQ gave us more than 7,000 emails. Apparently, the technical difficulties that DEQ claimed may require more than two additional weeks to solve were now solved – but only under pressure from DPMC. Why had those difficulties not been tackled and solved in the three months since the Board ordered the public notice?
We and Wild Virginia will make all of the comments available online and publish a summary within the next week. Where the Department has failed, we will pick up the slack.
We call on the Board to use this information and hold a meeting well before the currently-advertised date of August 21st and on Governor Northam to order DEQ to now move quickly to do its job. The repeated promises of transparency and sound science by administration officials have not been kept. It is now time for our officials to restore integrity to this process.
Virginia Department of Environmental Quality Criticized for Failing to Properly Study Pipeline Impacts
Experts submit reports; more than 10,000 signatures from citizens delivered
MONTEREY, Va. – A group of thirteen expert scientists and engineers submitted reports to the Virginia Department of Environmental Quality (DEQ) on August 22, finding that the DEQ has failed in its duty to properly analyze and protect against the water quality damages the Mountain Valley Pipeline (MVP) and Atlantic Coast Pipeline (ACP) would cause to Virginia’s waters.
If approved, the two 42-inch pipelines will traverse through hundreds of miles of Virginia. The ACP would originate in northern West Virginia before ending roughly 600 miles later in southeastern North Carolina. The MVP would also originate in northern West Virginia, traverse hundreds of miles through that state before crossing into Virginia, will it will terminate. The adverse impact upon public health and the environment by the construction and operation of the pipelines has led the tens of thousands of groups and individuals across the Commonwealth and beyond to oppose their construction.
In the reports, one issued for each of the pipelines, the authors wrote that they had reviewed the information DEQ claimed to rely upon in its draft Water Quality Certifications (WQCs) and made their own independent assessments. The experts’ conclusion in each case:
DEQ’s draft WQC, which asserts that there is a “reasonable assurance” that Water Quality Standards (WQS) will be met with the conditions contained in that draft, cannot be supported by the evidence in the record and pertinent scientific authorities and knowledge. Such a finding in the Department’s recommendation to the State Water Control Board (SWCB) would be professionally incompetent and would fail to meet minimum standards of scientific proof.
The authors of the expert report have a vast depth of experience and training (nearly 400 years in professional and academic posts overall) in the entire range of scientific and technical fields pertinent to DEQ’s decisions on the pipelines. They include the incoming president of the American Fisheries Society, a member of the Virginia Cave Board, and former senior engineers and scientists at the Virginia DEQ, the Virginia Department of Transportation, and the Maryland Department of the Environment. The group includes licensed professional engineers and geologists, professors from Virginia Tech and Washington and Lee University, authors of hundreds of peer-reviewed academic papers, and those who’ve served as expert witnesses in court for DEQ and other state and federal agencies. A complete list of the authors is included below.
“The authors of this report used strong language in our criticism of the proposed findings DEQ has made in its draft Certifications for the pipelines, because we are frankly dismayed to see an agency that’s supposed to base regulatory decisions on science and law ignore the facts and betray the public,” said David Sligh, Conservation Director of Wild Virginia and a Regulatory Systems Investigator for the Dominion Pipeline Monitoring Coalition (DPMC). The two groups included the expert reports as part of extensive submittals to DEQ during the comment periods that ended yesterday.
Rick Webb, DPMC’s Coordinator said, “We are not criticizing the dedicated technical employees at DEQ and the other state agencies who’ve studied the potential impacts from the hugely-disruptive projects. In fact, we cited the recommendations agency staff made in previous comments in which they explained why much more data and analyses were needed before protection of state waters could be assured, as the law requires; that permanent damages to our waterbodies could result and residents’ wells and springs ruined without additional information and protective measures.”
“What we are criticizing is the McAuliffe administration’s regulatory proposals, which ignore the concerns and devalue the expertise of their own technical staff,” stated Sligh. “DEQ must not proceed with flawed and scientifically-unsupported recommendations to the State Water Control Board to approve Certifications for either project. If Director Paylor, Secretary of Natural Resources Ward, and the Governor mandate such an approach, then the members of the Water Control Board must play their roles as protectors of the public and reject those recommendations.”
The reports’ authors include: Dr. Paul L. Angermeier, Ralph Bolgiano, Malcolm CameronHE, David Collins, P.E., Ari Daniels, Dr. Pam Dodds, P.G., Dr. David Harbor, Robert K. Johnson, Rick Lambert, William Limpert, Dr. Brian Murphy, David Sligh and Rick Webb. For more information, including access to the complete expert report on the ACP and additional DPMC reports on the draft 401 Water Quality Certification, visit the DPMC website.
10,000 Comments Delivered to DEQ by Environmental Groups
Also on Tuesday, experts, landowners, and environmental groups from across the Commonwealth gathered at DEQ headquarters in Richmond to deliver thousands of public comments related to DEQ’s 401 water certification process.
The comments, collected by the Sierra Club, Chesapeake Climate Action Network, Appalachian Voices, Bold Alliance, Blue Ridge Environmental Defense League, and Oil Change International urged the DEQ to do more in order to meet the agency’s obligations to protect Virginia’s water sources from natural gas pipeline construction and operations.
“DEQ’s draft Certification is legally and scientifically indefensible,” David Sligh, former Senior Engineer at Virginia’s DEQ, said. “The processes DEQ has conducted have been unfair and inadequate to satisfy the Governor’s promises of thorough and transparent regulatory reviews. The State Water Control Board cannot certify these projects unless it can assure that all state water quality standards will be met. A rigorous scientific analysis would prove such a conclusion is impossible.”
The public comments urge Governor McAuliffe and DEQ Director David Paylor to direct the DEQ to extend the public comment period for these projects and to conduct site-specific reviews and permits for each waterway crossed by both of these pipelines. The DEQ has originally announced to the public that it would undergo site-specific reviews for these pipelines in April, but announced in June that they that the agency would instead opt to rely on the Army Corps of Engineers’ blanket permitting process.
“The Corps’ process is woefully inadequate to protect our water,” Bill Limpert, a property owner in Bath County whose property would be traversed by the Atlantic Coast Pipeline, said. “We looked at the Corps’ map of our property and we have two streams that are not even present on that map. How are they supposed to protect our waterways if they don’t even know where they are?”
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Obsession with Russia is manipulative, voyeuristic, and distracting from vital issues
By Michael M. Barrick
OUTSIDE THE BELTWAY, U.S.A. – Here, where it is not Red Square or either end of Pennsylvania Avenue, the spectacle playing out on our TV screens, computer devices and in the newspapers regarding alleged Russian involvement in the 2016 U.S. presidential election is simply nauseating.
For God’s sake, enough already! You’ve lost me.
I’ve quit reading, listening and watching – that includes you John Oliver, Samantha Bee, Stephen Colbert, et al. That means I’ve abandoned my primary source of news – late night comedians who are really journalists; and, my secondary sources – the mainstream media and alternative media, who are clowns posing as journalists.
It is a topsy-turvy world, indeed.
Am I surprised that Russia probably meddled in our election? No. However, I think we’ve got that covered. Between the special prosecutor and congressional committees, plenty of investigating is occurring. That’s good. What we don’t need, however, is speculation. And, 99 percent of what I’ve seen, heard or read is exactly that.
… election-meddling is not exactly new to geo-politics; the United States is quite expert at regime change – we’re just not as subtle.
On the part of the media, it’s manipulative, voyeuristic, and ultimately rooted in a sick drive for profits. But it’s also distracting us from what is important. Let me pause here and say, yes, a foreign government interfering in our election is concerning. So, let the investigators investigate. And, yes, I would expect any editor or producer to assign a reporter or two to the story. However, we have far too many issues that are simply being ignored by The Fourth Estate. Additionally, election-meddling is not exactly new to geo-politics; the United States is quite expert at regime change – we’re just not as subtle.
Hence, the media needs to abandon the feigned outrage and get to work on covering what most of us living Outside the Beltway know are the vital topics of the day.
More about those in a moment; but first, a quick demand of Congress and the president – do your jobs! America and the world have multiple challenges – not the least of which is a scarcity of leadership.
Now, about those vital topics; following is just a quick, partial run down the list:
- Health Care: Polling shows that the majority of Americans support universal, single-payer health care. In short, Medicare for all. Only one in six support the current GOP proposal. Why? Because those of us living Outside the Beltway understand that the Medicare for all approach is the most humane; it provides for our most vulnerable citizens.
- North Korea, et al.: Even our own military strategists say that a war with North Korea would almost certainly kill millions, and perhaps tens or hundreds of thousands just on the first day. The Korean War, which is still technically exactly that since we have only a truce with North Korea, was caused by inept diplomacy – Harry Truman indicated to the Russians that the U.S. would not wage war over control of the Korean peninsula. Today, we have a president who is the opposite. All he does is issue threats. Every president in between has kicked this matter down the road. That simply won’t do anymore. What I believe we expect Outside the Beltway is that a peaceful solution be found. Yes, waging peace is harder than waging war. But hey, we sent men to the moon. We’ve sent enough of our youngest adults to die on foreign sands and distant hills. We can figure this out.
- Campaign Finance: Because of Citizens United, we are experiencing an age of crony capitalism like that of the Robber Barons of the late 19th and early 20th centuries. This is evident in many places, but currently most obvious in the health care debates. Insurance and pharmaceutical companies are among the biggest obstacles to meaningful – and simple – reform (we’ve been doing Medicare a good while now). Gerrymandering has also altered the political landscape in a manner not consistent with voting patterns, accomplished through the buying of legislatures by the millionaire class. As a result, our most fundamental right – the right to choose our elected representatives – has been degraded or denied.
- Infrastructure – From aging school buildings to hospitals not equipped to handle modern telemetry, to collapsing bridges and pot hole-filled roads, we have simply been negligent. We have not maintained our infrastructure. We all know it. We all see it. We have allowed private companies to own and manage our water systems, diverting money that should be reinvested in those systems to far-away shareholders that care only about profit and nothing about the quality of the water you and I drink. Certainly, the country that intends to send people to Mars by 2040 can fix roads and sewer pipes.
- Failed War on Drugs: Billions of dollars have been spent, and tens of thousands of people sent to prison, simply to restrict the use of a naturally growing plant – marijuana. Our treatment of it – legal here, illegal there – is more schizophrenic than any alleged side effect of it. Three years ago, when interviewing John Buckley, the Libertarian candidate for the U.S. Senate in West Virginia, this is what he had to say about the War on Drugs: “What makes drugs a threat to society is the drug gangs pushing them because there is a hefty profit in pushing it. We have not stopped the war on drugs. We have not accomplished the goal. We have spent money. We’ve jailed people, yet we still see an increase in crime. We haven’t made a dent. We have set horrible legal precedents in rigorous law enforcement. When you add them all up, and say we haven’t made a dent in drug abuse, it cries out, ‘Is there a new approach?’ If you eliminate the profit, you eliminate the gangs and the terrorists profiting from it. If we will take a new approach, then it allows us to address it as a medical issue, not a criminal issue.” He was right then, and has been proven to be right repeatedly since that interview.
- Education: We’ve known for years that educators reaching retirement age hit the door the first minute they can; what is more disturbing is that our best and brightest young teachers are leaving also. Why? They have lost control of their classrooms to everything from bureaucratic interference to children not ready for school because of poor living conditions. Virtually our entire society makes its way through our public schools. If we do not address society’s problems, every day in the classroom becomes more difficult. And, there are systemic problems as well. This is an example where a political party – in this case, the Democrats – must challenge a sacred cow. Yes, public education is essential; that, however, does not mean we refuse to take a critical look at its failures and alternatives. Additionally, the cost of college (and textbooks) must be addressed. Having to go into debt for years to earn a degree is counter-intuitive. Once educated, one cannot contribute to society unless unencumbered with unnecessary debt.
- Ecology: Last, but certainly not least, is how we approach the management of the ecology – that is, our interaction with the natural world. Presently, human health and the environment are in great distress for a number of reasons. Mountaintop removal, fracking, clear-cutting and other practices that support the fossil fuel industry are harming people and the land, air and water which give us life. Climate change is real. Responsible reporters, for example, should not be asking politicians if they believe in climate change; rather, they should be asking what they know about it and how they intend to address it.
This is by no means an exhaustive list. I’m sure you can certainly add to it. My prescriptions to the vital topics of the day may be different than yours. In fact, they likely are. That doesn’t matter nearly as much as this: that we agree that politicians of all stripes and the media need to be taking a critical look at these issues and working together to solve them rather than obsessing over Russia. In time, conclusions by the Authorities Having Jurisdiction regarding Russia will be reached. That will be news. For now, all the talk inside the beltway and TV studios is simply commentary that rivals the Tower of Babel.
We expect action, not talk. Sure, there are political purists (or opportunists) who will refuse to work with others, but they are in the minority. We know that because in our families and communities, we have to work together.
At least, that’s how it is Outside the Beltway.
© Michael M. Barrick, 2017
Corporate Sway, Conflicts of Interest, and Revolving Doors
BUFFALO, N.Y. – The powerful forces pushing a controversial pipeline proposed for West Virginia, Virginia, and North Carolina include Dominion Energy and its influential CEO Tom Farrell, state politicians that are top recipients of Dominion donations, and an army of revolving door lobbyists, including a former EPA official, according to a new report.
The report, from the nonprofit watchdog group Public Accountability Initiative, examines corporate influence, political donations, revolving door lobbyists, regulatory conflicts, and the banks behind the controversial proposed Atlantic Coast Pipeline. It is the third in a series that examines the power relations behind a range of controversial pipeline projects in the United States.
The most powerful backer of the Atlantic Coast Pipeline is Dominion Energy, an energy utilities company that has vast influence within Virginia and is one of the state’s biggest political donors. Dominion CEO Tom Farrell sits on multiple influential boards, has powerful family connections, and is one of the state’s biggest individual political donors.
Some of the most vocal supporters of the pipeline within Virginia politics have been the biggest recipients of Dominion donations. Dominion also has an army of revolving door lobbyists that have pushed politicians and regulatory agencies to support the pipeline. One of these lobbyists includes a former Environmental Protect Agency official, now working for Dominion.
It’s important that the public is aware of the power behind the Atlantic Coast Pipeline, which includes a company that gives millions to state politicians and hires lobbyists with ties to elected officials and regulatory bodies.” – Derek Seidman
“The Atlantic Coast Pipeline has been widely unpopular with residents in Virginia and elsewhere who stand to be impacted by it,” said Derek Seidman, a research analyst at PAI and author of the report. “It’s important that the public is aware of the power behind the Atlantic Coast Pipeline, which includes a company that gives millions to state politicians and hires lobbyists with ties to elected officials and regulatory bodies.”
There are other troubling signs of conflicts of interest and revolving door politics surrounding the Atlantic Coast Pipeline. Key members of Virginia’s Department of Environmental Quality, who must review the pipeline proposal and make recommendations regarding its approval, have accepted gifts from Dominion personally or through their organizations, and one director appears to have previously represented Dominion as an attorney. Regulatory agency staff sit on multiple boards with members of Dominion management. Dominion’s CEO and Senior Vice President of Sustainability also served nearly eight years as Director of the Air Division of the Virginia DEQ.
“It’s worrying that the entities that must approve the Atlantic Coast Pipeline have ties to Dominion,” said Seidman. “With such a controversial project that could put nature and so many people at risk, there really needs to be more transparency and accountability behind regulatory efforts.”
The report also highlights the nearly three dozen banks who are lending to Dominion and Duke Energy, and who may profit off of the pipeline. Eighteen banks are lending to both of the corporations, and all but two of these banks are also helping to fund the controversial Dakota Access Pipeline. Duke Energy, the powerful North Carolina-based energy corporation, is the pipeline’s second biggest stakeholder.
To read the full report, go to: http://public-accountability.org/2017/06/the-power-behind-the-pipelines-atlantic-coast-pipeline/
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His shameless contempt for working people is business as usual in West Virginia
By Michael M. Barrick
I was with my uncle once when he was appealing a local property tax assessment. He was told that he had the right to appeal, but that the appeals board could, if it wanted, actually raise his taxes if they deemed it appropriate. They could also uphold it, or reduce it, but that initial caveat was enough to give pause.
It’s too bad that isn’t the scenario faced by Don Blankenship as he appeals his conviction to the U.S. Supreme Court for conspiring to violate mine safety laws. He just recently completed his paltry one-year prison sentence for that conviction, which was based on charges after 29 coal miners were killed at the Upper Big Branch (UBB) mine, which at the time was owned by Massey Energy. Blankenship was its CEO and court testimony revealed that he was intimately involved in the conscious efforts to violate mine safety standards – violations that eventually led to the explosion that killed the UBB miners. These facts were supported by the “Report to the Governor” by the Governor’s Independent Investigative Panel. It characterized the April 5, 2010, explosion: as “ … a failure of basic coal mine safety practices.”
So, if there was justice in this country, Blankenship could appeal, but would face these options, as did my uncle:
- Conviction upheld
- Conviction overturned
- Conviction upheld, and the judges rule that the one-year sentence was a perversion of justice and that Blankenship is to immediately be returned to prison for the rest of his life.
Unfortunately only the first two options are available. So, the families of those killed at UBB are again subjected to another news cycle of Don Blankenship pretending he is not only innocent, but as he wrote in his little pamphlet after his conviction, “An American Political Prisoner.”
Meanwhile, surviving family members of the UBB tragedy are unwilling prisoners to the memories of their lost loved ones, for that and photographs is all that is left of them.
This, sadly, is too typical of the stories out of West Virginia. Don Blankenship got by with murder. His self-published book is infuriating; his continuing denials and appeals nauseating.
The state of West Virginia is the poster child for the horribly negative effects upon working class people by crony capitalists. This is not news. Sadly, to a large extent, the people of the Mountain State have brought this upon ourselves. We elect people to office who not only refuse to ensure proper laws and regulations are in place to protect miners and all of the state’s workers, but also instead roll them back.
The discovery of coal, gas and oil throughout the state in the 19th century led to an unholy alliance among industrialists and politicians; to this day, it continues to subjugate the people of West Virginia for its own personal profit. The judiciary is next to useless, as it is full of minions financed by – you guessed it – Blankenship. The new governor, Jim Justice, not only has a record of ignoring and delaying payment of fines for his own mining operations, he is the state’s richest man. He talks the game, but his record suggests that his preferential concern is for his cronies, not his constituents.
Meanwhile, the state’s Department of Environmental Protection (DEP) is known throughout the state as the “Department of Everything Permitted.” And, that was before Justice purged it of previous top officials who were constantly criticized by environmental and public health advocates. In comparative hindsight, they were true champions of the people. So, despite the evidence of extreme threats to public health and the environment, Mountaintop Removal permits are rubber-stamped by DEP, despite the best efforts of citizens and environmental groups such as Coal Mountain Watch, OVEC, and countless others.
Meanwhile, anyone attending the various meetings for the proposed Atlantic Coast Pipeline and Mountain Valley Pipeline has witnessed the collusion among industry, politicians and law enforcement, in scenes reminiscent of the West Virginia Mine Wars when private detectives and local cops worked for the coal companies. At one meeting in Jackson’s Mill in 2014, I saw several hundred residents – some who had driven more than two hours over the state’s winding roads – leave in total disgust. They saw that the cards had been stacked against them before they walked through the door. What had been billed by industry officials as a “town hall” was really an opportunity to spew forth propaganda. They aligned themselves as if at a trade show. There was absolutely no opportunity for citizens to ask questions in a public forum that would have allowed for give-and-take. The gas company knows how to silence citizens. But just in case they failed, standing outside were several county deputies dressed in full riot gear.
The message was delivered loud and clear: We’re in charge, this is a show, and there is nothing you can do about it.
It is this absolute control of West Virginia’s economy and political system by the fossil fuel industry that allows them to be disdainful of the people of West Virginia – and to cause Don Blankenship to delude himself into thinking he’s a political prisoner. The truth is, he is simply another fat cat conducting business as usual in West Virginia, and getting by with murder in the process.
West Virginia’s state motto is “Mountaineers Are Always Free.”
Well, we aren’t. In fact, it is we, not Don Blankenship, which are the political prisoners. If only we had the fight in us that Blankenship has. How long will we be prostrate at the feet of the likes of Blankenship?
© Michael M. Barrick, 2017
On Twitter: @appchronicle
To receive a PDF of the Governor’s Independent Investigative Panel on the UBB disaster, send an email to email@example.com
Dispute is a distraction causing some environmentalists to miss the forest for the trees
By Michael M. Barrick
WESTON, W.Va. – On April 27, five environmental groups released a statement pointing out that the plans for the proposed 600-mile Atlantic Coast Pipeline (ACP) would include widespread destruction – what they termed “decapitation” – of nearly 40 miles of mountain ridge tops along the proposed route, including just a few miles from here.
In alerting the public to the devastating impact of these plans by Dominion Resources, the groups issued a news release with the headline, “Atlantic Coast Pipeline Would Trigger Extensive Mountaintop Removal.” In response, the groups were attacked by some other environmentalists who claim that what is planned by Dominion does not constitute Mountaintop Removal (MTR).
In fact, it has led to quite an online discussion – a discussion that has been relatively polite but undeniably silly. I fail to see the consternation over making a distinction. Dominion is planning on removing the tops of mountains. What else to call it? Calling it what it is does not diminish the horrors of MTR as we’ve come to see it. However, failing to call this type of pipeline construction MTR does diminish the horrors it will unleash upon our communities and the land that supports them.
So, when we received the news release, we headlined our article, “ACP Would Require Extensive Mountaintop Removal.” I’ve had a couple of readers object to the use of the MTR moniker. I have responded that at the Appalachian Chronicle we will continue to call it Mountaintop Removal because that is what it is. Whether the fossil fuel industry extracts gas, oil or coal, the outcome is the same: destroyed sacred mountaintops.
Mountaintop Removal is Mountaintop Removal. That is what I’m going to call it, because that’s what the hell it is.”
This type of discord within the environmental social justice community is exactly what Dominion Resources and their co-conspirators in the fossil fuel industry want. What is most disturbing is that it is a self-inflicted wound.
The odds are stacked against us. Let us not get bogged down in semantics; in doing so, we give ammunition to the energy industry. Let us agree, that when you remove the tops of mountains, create millions of tons of overburden, destroy streams and forests, and harm public health, what you are doing is MTR. The scale is irrelevant. Destruction is destruction.
And Mountaintop Removal is Mountaintop Removal. That is what I’m going to call it, because that’s what the hell it is.
© Michael M. Barrick, 2017
On Twitter: @appchronicle
A poem dedicated to Dominion Resources
By Michael M. Barrick
Note: This poem is dedicated to Dominion Resources. Originally published in January 2015, I am re-publishing it today in light of recent news stories about Dominion, including this one we published yesterday and this one.
Dominion they call themselves.
And they believe it.
They have deceived themselves,
intoxicated by false power.
They are a god – of greed.
Though their foundation is illusory,
disregarding all in life that is of true value,
it sustains them for they esteem only profit.
Their minions are experts in the law.
Like Sanhedrin, they use the letter
to crush the spirit.
What is theirs is not enough;
what is yours is in their sights.
What is yours is negotiable –
on their terms.
What is sacred to you
The old home place;
the sunrise over the ridge;
the moon hanging in the
deep blues of night.
The stars which pre-date
their temporal, mortal
they don’t even glimpse.
The only green they see
is on currency.
The ancient rocks,
which for generations
have served as sentinels,
as comforting reminders of
a shared heritage,
they plow away
with their machines.
A walk in the woods,
which for you is a moment
of holiness – an opportunity
to pass along wisdom
to your grandchildren –
is to them merely a survey.
The narrow, crooked paths
made through time by
will not be enjoyed by
They shall cross them
with a straight, 42-inch
cylinder of pipe,
indifferent to the heritage
they disrupt and destroy.
© Appalachian Chronicle, 2014 – 2017
On Twitter: @appchronicle
Proposed route by Dominion would destroy nearly 40 miles of ridgetops, cause ‘irrevocable harm,’ say environmental groups
RICHMOND, Va. – A briefing paper released today details how Dominion Resources intends to blast away, excavate, and partially remove entire mountaintops along 38 miles of Appalachian ridgelines as part of the construction of the Atlantic Coast Pipeline (ACP).
There is no way around it. It’s a bad route, a bad plan, and should never have been seriously considered.” – Dan Shaffer, Spatial Analyst with the Dominion Pipeline Monitoring Coalition
The briefing paper was prepared by the Chesapeake Climate Action Network in coordination with the Allegheny-Blue Ridge Alliance, Friends of Nelson, Appalachian Mountain Advocates, and the Dominion Pipeline Monitoring Coalition. It cites data from the Draft Environmental Impact Statement (DEIS) prepared by the Federal Energy Regulatory Council (FERC) as well as information supplied to FERC by Dominion. It also compiles information from Geographic Information System (GIS) mapping software and independent reports prepared by engineers and soil scientists.
They found that Dominion would require mountaintops to be “reduced” by 10 to 60 feet along the proposed route of the pipeline. For perspective, the height equivalent of a five-story building would be erased in places from fully forested and ancient mountains.
Furthermore, Dominion has yet to reveal how it intends to dispose of at least 247,000 dump-truck-loads of excess rock and soil – known as “overburden” – that would accumulate from the construction along just these 38 miles of ridgetops.
It is astounding that FERC has not required Dominion to produce a plan for dealing with the millions of cubic yards of excess spoil that will result from cutting down miles of ridgetop for the pipeline. We know from experience with mountaintop removal coal mining that the disposal of this material has devastating impacts on the headwater streams that are the lifeblood our rivers and lakes.” – Ben Luckett, Staff Attorney at Appalachian Mountain Advocates
“In light of the discovery that the ACP will cause 10 to 60 feet of mountaintops to be removed from 38 miles of Appalachian ridges, there is nothing left to debate,” said Mike Tidwell, Executive Director of the Chesapeake Climate Action Network. “Dominion’s pipeline will cause irrevocable harm to the region’s environmental resources. With Clean Water Act certifications pending in both Virginia and West Virginia, we call on Virginia Governor Terry McAuliffe and West Virginia Governor Jim Justice to reject this destructive pipeline.”
Dominion has submitted a proposal to FERC to build a 42-inch diameter pipeline that would transport natural gas from West Virginia into Virginia and North Carolina. The groups assert that Dominion has attempted to paint the ACP as an “environmentally-friendly” project. However, they argue that proposed construction methods and route selection across and along steep mountains is unprecedented for the region – if not the country – and are viewed as extreme and radical by landowners, conservationists, and engineers. Similar impacts – although not yet fully inventoried – could come from the construction of a second pipeline to the south: the Mountain Valley Pipeline led by the company EQT Midstream Partners, LP.
“The ACP could easily prove itself deadly,” said Joyce Burton, Board Member of Friends of Nelson. “Many of the slopes along the right of way are significantly steeper than a black diamond ski slope. Both FERC and Dominion concede that constructing pipelines on these steep slopes can increase the potential for landslides, yet they still have not demonstrated how they propose to protect us from this risk. With all of this, it is clear that this pipeline is a recipe for disaster.”
Key findings of the report include:
- Approximately 38 miles of mountains in West Virginia and Virginia will see 10 feet or more of their ridgetops removed in order to build the ACP; this figure includes 19 miles each in West Virginia and Virginia.
- The majority of these mountains would be flattened by 10 to 20 feet, with some places along the route requiring the removal of 60 feet or more of ridgetop.
- Building the ACP on top of these mountains will result in a tremendous quantity of excess material, known to those familiar with mountaintop removal as “overburden.”
- Dominion would likely need to dispose of 2.47 million cubic yards of overburden, from just these 38 miles alone.
- Standard-size, fully loaded dump trucks would need to take at least 247,000 trips to haul this material away from the construction site.
Ben Luckett, Staff Attorney at Appalachian Mountain Advocates, said, “It is astounding that FERC has not required Dominion to produce a plan for dealing with the millions of cubic yards of excess spoil that will result from cutting down miles of ridgetop for the pipeline. We know from experience with mountaintop removal coal mining that the disposal of this material has devastating impacts on the headwater streams that are the lifeblood our rivers and lakes.” He argued, “FERC and Dominion’s complete failure to address this issue creates a significant risk that the excess material will ultimately end up in our waterways, smothering aquatic life and otherwise degrading water quality. Without an in-depth analysis of exactly how much spoil will be created and how it can be safely disposed of, the states cannot possibly certify that this pipeline project will comply with the Clean Water Act.”
“Even with Dominion’s refusal to provide the public with adequate information, the situation is clear: The proposed construction plan will have massive impacts to scenic vistas, terrestrial and aquatic habitats, and potentially to worker and resident safety,” said Dan Shaffer, Spatial Analyst with the Dominion Pipeline Monitoring Coalition. “There is no way around it. It’s a bad route, a bad plan, and should never have been seriously considered.”
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