Tag Archives: Dominion Resources

Mountaintop Removal Semantics Debate Gives Ammunition to Energy Industry

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).

High-Mountain-Crossing_900 DPMC

This graphic from the Dominion Pipeline Monitoring Coalition shows where mountaintops would be removed for construction of the Atlantic Coast Pipeline. Though here pipeliners would cross the ridges, there are 38 miles of mountain ridge tops – 19 each in West Virginia and Virginia – that they would reduce from 10 to 60 feet.

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 Facebook

On Twitter: @appchronicle

Advertisements

The Deceived ‘god’

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
they curse.

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
white-washed tombs,
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
your ancestors
will not be enjoyed by
your descendants.

They shall cross them
with a straight, 42-inch
cylinder of pipe,
indifferent to the heritage
they disrupt and destroy.

AJ and Grandpa 9

Above, the author enjoys a walk in the woods with his granddaughter in Lewis County, W.Va. Below is Shenandoah Mountain in Virginia. Photo by Brad Striebig. Though Dominion did not create these streams, woods, ridges and mountains, it will not hesitate to claim it all as its own and destroy it. Unless, we dare to speak out.

Shenandoah Mountain

© Appalachian Chronicle, 2014 – 2017

On Facebook

On Twitter: @appchronicle

ACP Would Require Extensive Mountaintop Removal

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

CCAN logoThe briefing paper was prepared by the Chesapeake Climate Action Network in coordination with the Allegheny-Blue Ridge AllianceFriends 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.

ABRA-Logo-Square-100-1Furthermore, 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.”

MTR 2_OVEC

Mountaintop Removal – Courtesy of OVEC

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.

Friends of Nelson“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.

APPALMAD-LOGO-223Ben 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.”

The full briefing paper is available here.

Appalachian Preservation Project on Facebook

Appalachian Chronicle on Twitter: @appchronicle

Atlantic Coast Pipeline Costs Outweigh Benefits, Claims Independent Study

Cost to people, communities and environment could run into billions along entire route, based on four-county study

MONTEREY, Va.  – Five groups concerned about the short-term and permanent impacts upon their communities caused by the proposed construction of the Atlantic Coast Pipeline (ACP) have released an independent study revealing that just four counties in Virginia would likely experience billions of dollars of loss and damage should the ACP be built. The report was commissioned by the ACP Highlanders for Responsible Development, Augusta County Alliance, Friends of Nelson, Friends of Buckingham, and Yogaville Environmental Solutions. The exhaustive in-depth study was conducted by Key-Log Economics, a research economics firm based in Charlottesville, Va.

A news release from Allegheny-Blue Ridge Alliance about the study stated, “Dominion says that it would cost approximately $5 billion to build its 594-mile high pressure natural gas transmission line through West Virginia, Virginia, and North Carolina. That number pales in comparison to the costs and economic impacts of the pipeline that will be incurred across just a four-county area of western and central Virginia. …”

The statement continued, “The eye-opening analysis found that up to $141 million in lost property value and services, such as water and air quality, would occur across the four-county study area just during construction. Further, the pipeline will depress area economies, contribute to job loss, reduce quality of life, and lower personal incomes in perpetuity to the tune of up to $109 million annually.”

Those estimates are conservative, notes Spencer Phillips, founder of Key-Log Economics. “Putting the stream of costs into present value terms and adding the one-time costs, the total estimated cost of the ACP in Highland, Augusta, Nelson, and Buckingham Counties is between $6.9 and $7.9 billion,” he said.

Lewis Freeman, Chair of the Allegheny Blue Ridge Alliance and President of Highlanders for Responsible Development, added, “In Highland County annual costs to the local economy are estimated to be $7 million or higher, much larger than the projected benefits that would come to the county, including tax revenues paid by the pipeline. Adverse impacts on property values, which have already been negatively affected by the prospect of the project, will be significant. Also negatively impacted will be travel and tourism, which account for one-fifth of the county’s employment.”

For Augusta County, through which Dominion proposes to run more than 50 miles of the pipeline route, the negative impacts to people’s lives and property is enormous, according to the report. Total property value lost would be approximately $44.5 million, resulting in an annual reduction to the county coffers in excess of $209,061. “Those figures, while conservative and not inclusive of the new route through the Deerfield Valley, are based on loss of subdivision and development potential, loss of property value and property marketability because of proximity to the pipeline, damage to water resources, and a reduction in agricultural production to name just some of the factors that went into the calculation,” noted Nancy Sorrells, Chair of the Augusta County Alliance.

The Atlantic Coast Pipeline would cost Nelson County up to $43 million dollars per year, with additional one-time costs of up to $41 million according to the report. Individuals and businesses would lose up to $25 million in property value outright, while annual losses would include $18 million in recreation tourism dollars and $1.2 million in personal income. The annual loss to the county government would be $526,000 in tax revenue and $144,000 in property tax revenue, far exceeding the local annual tax payment promised by ACP, LLC.

The communities in Buckingham County, the eastern-most county in the study, are faced with the double whammy of the massive pipeline and a gigantic compressor station that will be in operation 24/7. According to the study, the ACP would cost Buckingham as much as $20.8 million in one-time costs and annual losses of as much as $7.1 million.

“I would encourage every Buckingham resident to become familiar with Key-Log’s findings,” noted Chad Oba, Chair of Friends of Buckingham. “This report uncovers previously undisclosed costs of Dominion’s mega-industrial project for our county. No one wants to live near a toxin-belching compressor station nor a 42-inch pipeline, both of which bring many health hazards, and threaten Virginians’ property rights.” As to the purported tax revenue promised by Dominion to the county, she added, “No amount of tax revenue can buy off citizens who are sincere about protecting their community and their beautiful surroundings.”

The pipeline impact study was spearheaded by local citizens groups and property owners who were frustrated at the inaccurate information being distributed by Dominion in regard to the purported benefits of the ACP. Not only were those “benefits,” such as large numbers of jobs during and after pipeline construction and promised tax payments to the counties, generally understood to be greatly inflated, they were also not balanced with information on what the negative effects of the pipeline could be in these central and western Virginia communities.

“It has fallen on us to analyze the costs to our communities should this pipeline come to pass,” said Ernie Reed of Friends of Nelson, the lead group that commissioned the study. “This report demonstrates not only how economically dangerous the pipeline is but how our four counties would bear a huge share of the costs of this project at the hands of Dominion. Further, while the use of the pipeline is measured in years, the costs to the region are forever.”

The study and recent alternate route proposed by Dominion

The statement added, “The recently announced re-routing of the ACP through the southern portion of Highland County, into Bath County, and back through Augusta County was announced after the Key-Log study was completed. While the re-routing would reduce to some extent the economic impact on Highland, the negative economic impact resulting from the re-routing into northern Bath County would increase the total impact on the immediate region due to the higher property values of affected property and businesses in Bath. Further, the additional dozen or so miles added to the Augusta County route will only serve to increase the final economic impact to that community.” It noted, “The uniqueness of the counties in the study mean that the specific impacts within each area vary. However, the underlying result, as pointed out in the study, is that the four counties will be deeply impacted in a very negative way.”

Regarding the proposed alternative route, The Recorder, a weekly newspaper based in Highland and Bath counties, noted that Dominion had originally rejected the alternative route. In this weeks’ edition, published today, the newspaper reported that Dominion rejected the route it is now proposing because, “Crossing this terrain with a 42-inch-diameter pipeline while attempting to minimize or avoid traversing steep side slopes would result in multiple, steeply graded, up-and-down approaches to ridge tops that would in many instances require heavy equipment winching on both sides of the ridge from single or multiple staging areas on the ridge top … Because of the narrowness and remoteness of the ridge tops, most of these areas would require the construction of a graded winching platform on top of the ridge, and depending on the slope, could require construction of an access road along the ridge to access the winch platform for delivery of construction equipment and pipe sections. Access to the remote areas crossed by the three southern alternative routes would be difficult due to the lack of existing nearby roads … which could require the construction of new roads into these areas. Slope restoration and stabilization would also be difficult to achieve in many of the steep areas crossed.”

This is the first independent study done on the ACP. However, when one considers that this study covers only a small portion of the proposed route, it seems rather clear that Dominion is proposing a project that will accomplish only two things – provide additional dividends to its shareholders and destroy all that is dear to the people of Appalachia.

© Michael M. Barrick, 2016

We are on Facebook

On Twitter: @appchronicle

 Related Links

Allegheny-Blue Ridge Alliance and Links to Studies

ACP Highlanders for Responsible Development

Augusta County Alliance

Friends of Buckingham

Yogaville Environmental Solutions

Key-Log Economics

Friends of Nelson

Interactive ACP Environmental Map

Dominion Pipeline Monitoring Coalition

 

Related Articles

Proposed ‘New’ Route for Atlantic Coast Pipeline no Better than one Rejected, Say Opponents

U.S. Forest Service Puts the Brakes on the Atlantic Coast Pipeline

West Virginia Pipeline Project Cited for Numerous Violations

FERC Challenged to be Truly Independent

Proposed ‘New’ Route for Atlantic Coast Pipeline no Better than One Rejected, Say Opponents

Atlantic Coast Pipeline LLC forced to adopt alternative route after U.S. Forest Service rejected recent proposal

By Michael Barrick

CLARKSBURG, W.Va. – The Atlantic Coast Pipeline, LLC (Atlantic) a subsidiary of Dominion Resources, Duke Energy, and others, has filed an alternate proposed route for the Atlantic Coast Pipeline (ACP) with the United States Forest Service (USFS). The new filing comes after the USFS in January rejected the initial proposal brought by Atlantic. Originally planned at about 550 miles, this alternative would bring the total closer to 600 miles, including over some of the most impenetrable mountainous terrain in the eastern United States.

As currently proposed, the ACP would originate near here in Harrison County, and terminate in southeastern North Carolina. Ultimate approval for the ACP will be up to the Federal Energy Regulatory Commission (FERC).

Once again, Dominion has proposed a route without thinking through or understanding the environmental and other consequences of its decision.” – Statement from Allegheny-Blue Ridge Alliance

However, ACP must first gain USFS approval because it wishes to build the pipeline through three national forests in West Virginia and Virginia – the Monongahela, the George Washington and the Jefferson. In rejecting ACP’s original proposal last month, and requiring that a new one be filed, the USFS said the route would cause harm to “ … highly sensitive resources, including Cheat Mountain salamanders, West Virginia northern flying squirrels, Cow Knob salamanders, and red spruce ecosystem restoration area.”

When submitting its alternative plan, Atlantic said, “The route will reduce total mileage in the national forests by more than one-third, from 28.8 miles to 18.5 miles.” It admitted, though, “The alternative route will impact approximately 249 new landowners in Randolph and Pocahontas counties in West Virginia, and Highland, Bath and Augusta counties in Virginia.”

It said also, “We are contacting landowners along the alternative route to request permission to survey their properties so the route can be thoroughly evaluated. Atlantic will submit a preliminary analysis of the route to the FERC next week, and plans to hold a series of public informational open houses along the route in early March.”

Opponents to the ACP, meanwhile, argue that the alternative proposal is no better, for numerous reasons.

Revised ACP route

ACP alternative route is in blue

Marilyn Shifflett of Free Nelson, in Nelson County, Va., said, “To have come forward with such a massive reroute so quickly after the USFS denied permit on the prior route speaks volumes about the lack of consideration for environmental impacts, and impacts to private property owners.” She continued, “The ACP’s new route is equally as devastating, if not more, than their prior route. A significant number of landowners have been impacted, with the hardest hit taken in Pocahontas County, West Virginia, and Bath and Augusta counties in Virginia.”

Rick Webb of the Dominion Pipeline Monitoring Coalition, also based in Virginia, responded, “Dominion fails to recognize … that the real issue is construction of a major pipeline through the greatest concentration of remaining wild lands, pristine streams, and intact ecosystems in the central Appalachian region.”

Webb added, “Although the newly proposed route would reduce impacts to certain species that are emblematic of this wild landscape, Dominion’s alternate route still involves significant forest fragmentation and fails to avoid environmental harm associated with construction across steep mountains and complex karst valleys. Moreover, Dominion is now proposing to build the pipeline along a path that was initially rejected for being too challenging and hazardous.”

He continued, “The proposed ACP is unprecedented with respect to pipeline size and the level of disturbance that will be required. There is no acceptable route for the ACP through the central Appalachian region. The proposed pipeline will be 42 inches in diameter, requiring excavation of an 8- to 12-foot-deep trench and the bulldozing of a 125-foot-wide construction corridor straight up and down multiple steep-sided forested mountains. It will require construction of heavy-duty transport roads and staging areas for large earth-moving equipment and pipeline assembly. It will require blasting through bedrock, and excavation through streams and wetlands. It will require construction across unstable and hydrologically sensitive karst terrain.”

Argued Webb, “Pipeline construction on this scale, across this type of steep, well-watered, forested mountain landscape, is unprecedented. It will be impossible to avoid degradation of water resources, including heavy sedimentation of streams, alteration of runoff patterns and stream channels, disturbance of groundwater flow, and damage to springs and water supplies. It will be impossible to avoid fragmentation and degradation of intact, high-integrity forests, including habitat for threatened and endangered species and ecosystem restoration areas”

A statement issued by the Allegheny-Blue Ridge Alliance, also based in Virginia, noted, “The new alternative route for the Atlantic Coast Pipeline … avoids Cheat and Shenandoah Mountains but compounds the ecological harm that would ensue. By directing the pipeline further south in Pocahontas County, W.Va., into northern Bath County, Va. and then north through the Deerfield Valley in Augusta County, the route would traverse some of the most concentrated karst topography in the Allegheny region. A pipeline through this area would significantly increase the likelihood of catastrophic erosion and sediment pollution of several significant waterways. Furthermore, the new route opens up to potential devastation a whole new set of cultural and natural resources. The many newly affected landowners and local officials must be carefully consulted before the project should be allowed to continue with the FERC process.”

The group added, “Once again, Dominion has proposed a route without thinking through or understanding the environmental and other consequences of its decision.”

Tom Berlin, a farmer in Lewis County, W.Va., said that he believes, in the end, the ACP will be approved. “I think they will keep finding alternatives until they get the opposition worn down and FERC may make them jump through a few more hoops. Eventually, governors, representatives, and senators will decide that they have had enough and pressure FERC and the Forest Service to approve the project. There is the pressure of appropriations to get compliance. I feel that ACP will be built and we can only hope to minimize damage and get the best possible deal for local landowners.”

Dianna Gooding, a farmer in Gilmer County, W.Va., which neighbors Lewis County , offered, “First,  the proposed alternative I believe is the original route that was also opposed early on,  and that it was decided that the terrain was too steep,  too rocky etc., and disrupted too many landowners. The overall impact will be just as bad if not worse and will of course affect many more private landowners.” She shared also that while the Stonewall Gas Gathering line was being constructed last year, a supervisor with one of the involved companies said “… they had made plenty of mistakes, the terrain was something they had never worked in before, and they were flatlanders primarily. They had many, many issues, and the other companies were not knowledgeable either about building such large lines in the terrain. …”

Senior Attorney Greg Buppert with the Southern Environmental Law Center said, “Dominion has proposed a knee-jerk and ill-conceived adjustment to its favored route, rather than a solution that truly attempts to minimize the harm to this region. To prevent unnecessary impacts to our communities and environment, we must understand whether the Atlantic Coast Pipeline is truly needed to meet the regional demand for natural gas in light of the changes to existing pipelines that are already poised to bring more gas into Virginia,” He added, “The new route also raises fundamental questions of fairness. FERC must put the Atlantic Coast Pipeline on hold until the citizens of Bath County and other communities along the route have the same opportunities as others along the pipeline route to understand the project, evaluate its impacts, and make their voices heard.”

Ben Luckett, Staff Attorney with West Virginia-based Appalachian Mountain Advocates, stated, “This new route would still cause dramatic forest fragmentation through some of the most high-quality forest habitat in our region.” He added, “We’re disappointed Dominion would threaten a whole new set of Virginians and West Virginians when the pipeline is not even necessary to meet our energy needs.”

Concluded Shifflett, “Dominion will try to push this new route through quickly to maintain their construction schedule, and the FERC will likely not ask for a fair time frame for residents to respond, unless there is a massive public outcry. We need to continue our solidarity in West Virginia and Virginia to ensure that we are heard and a fair process is offered to every landowner.”

© Michael M. Barrick, 2016

We are on Facebook

On Twitter: @appchronicle

Related Links

Interactive ACP Environmental Map

Allegheny-Blue Ridge Alliance

Dominion Pipeline Monitoring Coalition

Southern Environmental Law Center

Appalachian Mountain Advocates

 

Related Articles

U.S. Forest Service Puts the Brakes on the Atlantic Coast Pipeline

Seeking Dominion over His Own Land

West Virginia Pipeline Project Cited for Numerous Violations

FERC Challenged to be Truly Independent

U.S. Forest Service Puts the Brakes on the Atlantic Coast Pipeline

Organizations and individuals fighting Dominion and its partners express satisfaction, but caution that the battle is far from decided

By Michael M. Barrick

CLARKSBURG, W.Va.  – Opponents to the proposed Atlantic Coast Pipeline (ACP) are expressing delight about a decision by the United States Forest Service (USFS) to reject the proposed ACP route because it would jeopardize what the USFS calls “sensitive resources.”

Despite the decision, opponents are also advising caution, saying that it could only delay, but not stop, the proposed 550-mile natural gas pipeline that is a project of Dominion Resources, based in Richmond, Va., and its partners, including Duke Energy of Charlotte, N.C. As currently proposed, the ACP would originate in Harrison County, W.Va. and terminate in southeastern North Carolina. Ultimate approval for the ACP will be up to the Federal Energy Regulatory Commission (FERC).

For now, though, the USFS decision has put the brakes on the proposed route.

In a letter and attachment to Leslie Hartz of Atlantic Coast Pipeline, LLC, USFS officials explained the decision and provided an “Assessment of Inconsistencies with Forest Plan Direction and Other Directives.” The letter was signed by Kathleen Atkinson of the USFS Eastern Region and Tony Tooke of the Southern Region.

Hartz and Tooke wrote, “We have determined that the proposed route does not meet minimum requirements of initial screening criteria … .” They explained, “The Land and Resource Management Plans for the Monongahela and George Washington National Forests contain standards and guidelines to protect highly sensitive resources, including Cheat Mountain salamanders, West Virginia northern flying squirrels, Cow Knob salamanders, and red spruce ecosystem restoration area.”

They continued, “Therefore, alternatives must be developed to facilitate further processing of the application.” They directed, “The status of the species in terms of risk for loss of viability on the National Forests, consistency with protections in the Forest Plans and other directives, and the uniqueness of ecosystems such as the spruce ecosystem restoration areas must be considered in the development of alternatives.”

Among the most vocal opponents to the ACP have been residents of Nelson County, Va. Marilyn Shifflett of Free Nelson said, “Those of us in opposition to the ACP have been extremely impressed at the work the USFS has done on this project for many months now. They have worked tirelessly to insure that regulations are followed and key sensitive areas are protected for future generations.” She cautioned, however, that citizens remain concerned about FERC’s review. “We remain hopeful that the FERC will take the USFS’s concerns seriously and that FERC Commissioners will review all of the USFS submissions by taking one step further, and consider the sensitive areas adjoining National Forest lands with a more critical eye. We have seen similar misrepresentations and incompleteness in the Resource Reports submitted for the ACP’s formal application and we will continue to ask that the FERC review these submissions very carefully.”

Friends of Nelson President Joanna Salidis offered, “We greatly appreciate the Forest Service’s tenacity in ensuring that federal laws and regulations pertaining to our national forests are enforced. We are grateful that they are working to protect the biodiversity, water, and recreational resources that so many people depend on. We are thrilled about the difficulty and delays the necessity of coming up with a new route will likely cause Dominion.” She, too, expressed concerns about the FERC review, saying, “We also note that the Forest Service’s advocacy for our public property highlights the absence of a similar watchdog agency for private property and impacted communities and individuals. The rest of us are left with FERC, bought and paid for by the industry.”

Jared M. Margolis, an attorney with the Center for Biological Diversity who focuses on the impacts of energy development on endangered species, said, “We are very pleased that the USFS has agreed that the project as proposed would have adverse impacts on vital habitat areas for imperiled species, including the Cow Knob salamander, which the Center has proposed for listing under the Endangered Species Act, as well as habitat for the Cheat Mountain salamander, which is listed as threatened.”

He added. “While the Forest Service stated that alternative routes must be found to avoid these sensitive habitats, it found that the route variations that have been proposed do not resolve the concerns. It therefore remains unclear whether alternative routes are even possible through this region that would not have such unacceptable impacts.”

He was also blunt in his assessment of the ACP. “This pipeline would be an unmitigated disaster for rare wildlife like the Cow Knob salamander, and would intensify climate disruption by increasing fracking and continuing our reliance on fossil fuels. While it is heartening to see the Forest Service step up to ensure that vital habitats on the George Washington National Forest are protected, we do not need alternative routes for this project. What we need is to stop creating dirtier fossil fuel infrastructure and keep it in the ground.”

Elise Keaton with the Greenbrier River Watershed Association insisted, “This would not have happened but for the constant work of citizen groups and coalitions forcing the Forest Service to conduct more stringent reviews of these proposed routes.” She added, “My hope is that the other national forests that are projected to be impacted by the Mountain Valley Pipeline will follow suit in protecting critical habitat. Further, the cumulative impact of two export pipelines through these parts of the state need to be reviewed to determine if they are at all necessary.”

Keaton concluded, “This decision is positive in that it reflects the Forest Service’s willingness to protect the ecology within the National Forest which many residents of West Virginia and Virginia have worked hard to preserve. However, re-routing the proposed pipeline through another area does not necessarily mean that these same species won’t be impacted.”

Allen Johnson of West Virginia-based Christians for the Mountains shared, “I am surprised, but pleasantly so, by the decision of the U.S. Forest Service to protect the very sensitive areas of the northern flying squirrel, sensitive streams, and a tremendous 2,000 feet vertical climb over and down Cheat Mountain.” He admitted, “I tend to be jaded by politics and felt the USFS would roll over for the pipeline.”

He warned, however, “On the other hand, the likely alternative route would be very close to where I live, within three miles at some point, I think. It would still transgress some of the Monongahela and George Washington National Forests, and would also impact more private landholders. At this point, the alternative routes have had little public input, so I would push for another FERC scoping process.”

Executive Director Angie Rosser of the West Virginia Rivers Coalition shared, “This decision affirms that the USFS is taking their responsibility to protect sensitive resources and endangered species seriously. The ecological significance of the headwaters and forested land in this region cannot be overstated. We celebrate the Forest Service stepping in to defend it.”

Still, Rosser argued, “It’s not over. Dominion will undoubtedly look to alternative routes and there will be the same important questions to examine about forest fragmentation, headwater streams, rare species habitat, and more. And the big questions remain in the context of several proposed pipelines in this region – is there a need for them all, and what would be the cumulative impact to this special area of the country?”

April Keating, the chairperson of Mountain Lakes Preservation Alliance, a grass roots movement in several central West Virginia counties, shared, “This is certainly a necessary first step in protecting our communities from gas infrastructure buildout, and shows that our forest service is on the ball and watching. Having a federal agency backing up what the citizens have been saying is also encouraging.”

Yet, she added, “I do not think environmental arguments are going to be enough to stop, slow, or re-route the pipelines. Though the threat to our environment is real from this industry, we have to make sure our public officials and agencies consider all the effects on our communities: public health and safety, economic drag, slowed progress in renewable energy development, protection of historical resources, and even things like cultural attachment. There is a strong connection between the water and public health, but somehow public officials don’t see the emergency such projects constitute.”

She argued, “Citizen action in West Virginia is the only way we are ever going to see progress in a ‘business as usual’ state whose economy has always been based on extraction. It is time to diversify the economy, do something new. The job opportunities are plentiful, if we could only get our leaders to see it. Some days I am discouraged, some hopeful, but in the end, I believe our efforts will push us forward, if only a tiny bit, and that in itself is progress.”

Ohio Valley Environmental Coalition (OVEC) Executive Director Janet Keating remarked, “OVEC is pleased that the U. S. Forest Service has rejected the proposed route of the Atlantic Coast Pipeline through the Monongahela National Forest because of concerns over the impacts upon the Cow Knob salamander as well as the restoration efforts for the northern flying squirrel. Yet our concerns regarding this massive pipeline don’t end here.” She explained, “This issue is about much more than unique salamanders and flying squirrels. The larger issues that loom are not only the direct threats to our forests and attenuate wildlife – and private property impacted by the construction of this massive pipeline – but also how building this infrastructure promotes more drilling for deep shale gas and oil, which increases the risks associated with climate change. The overarching concerns that FERC, other government entities and all our politicians should have are the threats that continued use of fossil fuel extraction and burning has upon the very existence of humans, other life on earth and our home, planet earth.”

She asked, “Why should West Virginia’s politicians allow our state to bear all the environmental costs, especially threatening our precious and vital water resources, for the construction of the ACP and then ship natural gas to North Carolina or overseas? Beyond short-term economic gain, how do people here really benefit?” She concluded, “It’s time for our state and nation to get serious about clean, renewable energy and energy efficiency, approaches to energy production that create jobs, decreases risks to human health and water, and stems the tide on climate change.”

OVEC’s Project Coordinator Vivian Stockman added, “It’s great news that the Forest Service has denied ACP’s application for a Special Use Permit based on endangered species and ecological health. Now, ACP will have to propose a new route or system alternatives. Now, we need to consider human health. We say there’s no proposed route that will protect communities, air, water and land.

“We simply don’t need this pipeline. We don’t need to waste all the money on shoring up fossil fuel infrastructure. We say the alternative, for the sake of human and planetary health, is decentralized renewable energy.”

© Michael M. Barrick, 2016.

Related Links

ACP Maps

Atlantic Coast Pipeline

Center for Biological Diversity

Christians for the Mountains

Free Nelson

Friends of Nelson County

Greenbrier River Watershed Association

Mountain Lakes Preservation Alliance

Ohio Valley Environmental Coalition

West Virginia Rivers Coalition

USFS Letter and Attachment

 

Related Articles

Seeking Dominion over His Own Land

Attorney Crisscrosses West Virginia and Beyond to Teach about Pipelines

 

Contact/Learn More

We are on Facebook

On Twitter: @appchronicle

Natural Gas Pipelines, the Drumbeats of War and Our Sense of Entitlement

Monumental issues will remain unresolved until we acknowledge the harm we do through excessive consumption

NELLYSFORD, Va. – I received an email from Friends of Nelson, a group based in this town in Nelson County. The email alerted me to the organization’s decision to sue the Federal Energy Regulatory Commission (FERC).

It is easy to understand. Nelson County’s slogan is “On the Sunrise Side of the Blue Ridge.” On its western border is the Blue Ridge Parkway, and on its northern point the Skyline Drive begins. Nelson County is home to the Appalachian Trail. And, it is home to a group of people fighting to stop the construction of the Atlantic Coast Pipeline (ACP), which if approved, would cross this county of national treasures, forests, farms and villages. Joining forces as “Friends of Nelson,” the group of citizens is well-organized, vocal, effective, and educational. I am certain they move into this expensive, adversarial approach after thoughtful consideration.

So I applaud the action, though in such a case, as the saying goes, it is usually the lawyers that win. In any event, the group has apparently concluded that FERC, which is supposed to be a watchdog for the citizenry when corporations seek to cross state lines to build energy infrastructure, is too closely aligned with Dominion Resources and its partners, who are seeking to build the ACP.

Bully for them. Having attended several FERC meetings, it is hard to draw any other conclusion. Industry and FERC officials have been chummy at meetings, with company representatives even allowed to set up “informational” booths while environmental activists and landowners opposing the pipeline have often found themselves marginalized. Indeed, many residents in Virginia and West Virginia have held meetings in their communities after the FERC meetings to explain to their neighbors what the fuss is all about, as FERC officials just aren’t getting it done. The FERC meetings are only informational anyway, though comments of those speaking are recorded for posterity. Apparently, Friends of Nelson has determined that citizen comments, as well as the letter and spirit of the law, will be ignored by FERC. So, as Friends of Nelson states in its email, “It’s time to lawyer up.”

Any number of reasons makes it impossible to predict if Friends of Nelson will be successful in court. However, one thing is clear – even if it should win in court, Friends of Nelson and their allies still must win in the court of public opinion. That is getting harder by the moment, because of international geo-political events. The drums of war are dominating the national discussion. Pipeline construction, if discussed at all, will be in the context of making the United States energy independent. All other considerations will therefore become secondary.

So, it is a time of necessary decision. Pipeline opponents no longer have the luxury of limiting their opposition based on personal property rights and ecological preservation. Now, because of world events, pipeline opponents must confront and challenge the fundamental reason that there is demand for the pipelines – so that Americans can continue to live as we have for decades: excessively and disproportionately consuming the world’s resources.

Indeed, it can certainly be argued that this fundamental truth is the root cause of the hate we are experiencing from the people of the Middle East, in particular the youth. This is not to excuse terrorism, but we have waited far too long to have this discussion about our own resource stewardship. This is not a popular message, as it just rings too true. Americans, you see, are entitled. We believe we are entitled to the oil under the ground in the Middle East, and we also believe we are entitled to the natural gas in the ground under the farms in Doddridge County, West Virginia. If this means war, or if means taking and destroying people and land hundreds of miles across three states to build a pipeline to transport that gas from West Virginia, then so be it.

In short, the Friends of Nelson battling FERC and Dominion, the thousands of individuals and groups along the pipeline’s path working to defeat it, and those suffering health problems and death in the shale fields of Central Appalachia will not win any long-term meaningful battles without first challenging Americans to fundamentally alter their thinking about consumerism. Failing to do so, we will get more of the hawkish rhetoric coming from candidates in both parties.

While he is not going to get my vote should that opportunity arise, New Jersey Governor and GOP presidential candidate Chris Christie accurately summed up the priorities of the American people. Quoted in The Wall Street Journal (“Chris Christie’s Second Wind”) regarding President Obama’s comments about the importance of attending the climate change conference in Paris as a message to terrorists about the West’s resolve, Christie said, “He really believes that folks are worried about climate change when what they really care about now is the Islamic State and Syria and terrorism.”

Setting aside the political nuances and arguable twisting of words, the fact remains that the American people are fearful about terrorism and it has taken center stage. Climate change, regardless of its impacts, does not feel like the existential threat that ISIS does. As for a proposed 550-mile gas pipeline? The vast majority of Americans know absolutely nothing about it and they do not care. But they will if given this choice: more war in the Middle East or “energy independence” because of “cheap” and “abundant” natural gas.

That is the strategy energy industries will use, even though our presence and activities in the Middle East since World War II have been primarily to prop up regimes friendly to American energy interests. That capitalists will use their cronies in the White House and Congress to send off young people to war to maximize profit is not news. We just choose to ignore it.

We can’t do that anymore. Nor can we refuse to acknowledge our own complicity. So long as the financial reports about Black Friday remain more important to us than the number of people dying and fleeing for their lives in the Middle East, we have a long way to go.

If we want to stop the pipelines, then we must first stop the madness that we simply call, “Business as Usual.”

© Michael M. Barrick / The Appalachian Chronicle, 2015

Visit The Appalachian Chronicle for related articles

We are on Facebook

Twitter: @appchronicle

Fracking Protest at NFL Game a Gesture with Gumption

Action increases awareness and creates a teachable moment

HICKORY, N.C. – Here, in the foothills of the southern Appalachians, the impact of fracking is not felt. Hence, awareness of it is frustratingly low. That all changed after Monday night’s professional football game about 60 miles southeast of here between the Carolina Panthers and Indianapolis Colts. It was in the second half of that rain-soaked game when members of We Are Cove Point, a Maryland-based ecological preservation group, rappelled from the stadium’s upper deck and into the nation’s consciousness.

It was an inspiring moment of civil disobedience against the corporate interests that are presently in control of our nation’s political system. The group is protesting a planned liquefied natural gas export facility in Cove Point, Md. While suspended, they displayed a banner that said, “BoA: Dump Dominion.” It also displayed the group’s website. The statement was referring to Bank of America’s financial support of Dominion Resources, which is building the natural gas facility. The game was played at Bank of America Stadium in downtown Charlotte.

According to various news outlets, Kelly Canavan, speaking for the group, said, “I think it went really fantastically well, and there’s not something I can think of that I would do differently.”

I agree.

Failed erosion control on construction of Stonewall Gas Gathering pipeline in West Virginia Photo by Autumn Bryson

Failed erosion control on construction of Stonewall Gas Gathering pipeline in West Virginia
Photo by Autumn Bryson

On Tuesday, I was explaining to folks the significance of the sign. Not only has it provided a teachable moment about fracking, it has demonstrated, again, that the people are not going to just roll over for corporations that are abusing eminent domain, running roughshod over the people of Central Appalachia to maximize profits, contributing to climate change, and creating impoverished regions that have become dependent upon a fossil fuel mono-economy.

This is a dramatic change from the last several times I spoke to people outside of West Virginia about fracking. Most had not heard of it. Those who had were generally not aware of its human health risks and detrimental environmental effects.

Reportedly, the four protestors were from throughout the mid-Atlantic area – one from Pennsylvania, one from Washington D.C., and two from North Carolina. This underscores what I have discovered covering the issue – there is a commitment to solidarity among all of those being impacted or that may be impacted by fracking. From those nearest the wells in North Central West Virginia, southwestern Pennsylvania, eastern Ohio and elsewhere, to those along the pipeline routes, to those near compressor stations, and to people committed to ecological preservation of the rugged and diverse Appalachian Mountains, people are finding and supporting one another.

In short, the people – again – are ahead of the politicians. They don’t want personal property rights trampled on by crony capitalism; they do not want corporations risking their lives and property for profit; they don’t want the environment destroyed for a notoriously unstable boom-and-bust fossil fuel mono economy.

Pipeline construction passed within 100 feet of this home, creating a permanent safety risk and a long season of no sleep for residents during construction. Stream nearby was also compromised. Photo by Michael M. Barrick

Pipeline construction passed within 100 feet of this home, creating a permanent safety risk and a long season of no sleep for residents during construction. Stream nearby was also compromised.
Photo by Michael M. Barrick

When the politicians refuse to act, then the people will, even if it means going to jail. As Canavan explained, people are going to their website to learn more. That’s because the action was a gesture with gumption. That does not bode well for Bank of America, Dominion, other industry leaders and the various pipeline projects and related infrastructure planned.

These corporations have caused great harm to people and the environment in the shale fields, continue to do so, and have no intention of changing their behavior. They have stolen land, polluted streams, bought politicians, and lied repeatedly to the people harmed by their industry.

And yet, four protestors are the ones charged with crimes. It is no wonder the people are revolting. I believe we’ve only just begun.

© Michael M. Barrick, 2015

Related Articles
West Virginia Pipeline Project Cited for Several Violations
Fracking Poses Threats to Public Health Say Experts
A Dirty Dozen Reasons to Oppose Fracking
WVDEP Secretary Acknowledges Political and Business Climate Limit Agency’s Effectiveness
Standing Their Ground
Health and Well-Being of Residents Being Subordinated to Fracking Industry
Seeking Dominion over His Own Land
Natural Gas Industry Moves from the Absurd to the Profane
EQT Letter Characterized as Misleading and Bullying
The Deceived ‘god’
Dominion is a Bully, not a Community Builder
Victim in Fracking Truck Accident had Warned Commissioners of Roadway Dangers
Incompetence and Complacency Increase Dangers from Fracking
From ‘Almost Heaven’ to ‘Almost Hell’

We are on Facebook
Twitter: @appchronicle

A Plea to West Virginians: Throw Off Your Oppressors

Before surrendering or joining the exodus, get educated and fight – peacefully – against the powerful interests which control The Mountain State

By Michael M. Barrick

ALUM BRIDGE, W.Va. – The recent admission by Secretary Randy Huffman of the West Virginia Department of Environmental Protection (WVDEP) that the agency he heads can’t do its job because powerful business and political interests control The Mountain State is a wake-up call to all West Virginians.State seal_old gold

It is time of us to throw off our oppressors so that Huffman and other public officials can do their jobs.

In the last two years, I have put thousands of miles on my little car covering the energy extraction industry. What I have discovered is that West Virginians are basically in four camps:
1. Some work for the industry and truly believe they are doing good work; these folks are in the minority.
2. Others are working against the industry through established environmental or social justice groups and alliances because they consider the industry an assault upon the people and ecology of West Virginia; they, too, are in the minority.
3. Still others have just given up and have joined the exodus of West Virginians going to what they hope are greener pastures; these folks are also a small minority, though it is causing a brain drain that will have an impact upon the state that is greater than their numbers.
4. Finally, there are the docile West Virginians. They just roll over and accept whatever their public officials, business leaders or church leaders tell them. They, sadly, constitute the majority of West Virginians.

You may disagree with those categories. This, however, is my experience. It is also consistent with our state’s history.

This is an appeal to folks in all four categories, as well as those few prophetic voices in our hills and hollows, to get educated and fight – peacefully – to rescue our home from the powerful people and interests that have made West Virginia their own personal playground to enrich themselves.

Example of WVDEP
According to a handout I received recently from a representative of the WVDEP, the agency’s mission is a simple one: “Promoting a healthy environment.” This, one presumes, applies not only to the ecology, but also public health, as the two are inseparable. Yes, there are other state and local agencies that are responsible for the health and well-being of people, but that does not preclude any agency from discerning that caring for the state’s people is within their scope of work. Yet, Huffman tells us, he can’t do that. Giving him the benefit of the doubt that he is a person who takes public service seriously, we, as citizens, are obligated to help him, just as he asked folks in Doddridge County to do. Before doing so, there are a number of matters to consider.

Mingo County’s example
Last week, I visited Mingo County for the first time since 1978. Frankly, nothing has changed. The cycle of poverty continues. There are numerous reasons for this, but the end result is that the poorest of our state four decades ago are still the poorest of our state. This cannot be blamed on the so-called “War on Coal.” In fact, the blame rests with the coal industry. Consider this description of Mingo County from “West Virginia County Maps.” Published by a private company, the authors nevertheless acknowledge on the title page, “The publisher wishes to gratefully acknowledge the cooperation of the … West Virginia Department of Commerce, Marketing & Tourism Division.”

Here is what that Division submitted for publication: “Williamson lies in the center of what is called the ‘Billion Dollar Coal Field.’ In the middle of the 1940s there were 100 mines in a 20-mile radius of the city.” Not even Donald Trump could blame President Obama for what happened in West Virginia in the 1940s. And what did happen? Before and since, that billion dollars has left the state. If it had not, the cycle of poverty in Mingo County and other communities in southwestern West Virginia and eastern Kentucky would long ago have ended. In short, the coal barons – not President Obama or any other straw men – are responsible for the poverty afflicting our southern coal fields. It is they who are the oppressors.

Lessons from a topographical map
Looking at another map of the central part of the state tells the same story. It is a topographical map of the Vadis quadrangle. It includes parts of Lewis, Doddridge and Gilmer counties. Published in 1964 and revised in 1978, it is dotted with more gas and oil wells than one can count. There are certainly well over 100. Again, if the energy extraction industry was and is so good for the people of West Virginia, where is the wealth to show for it? It is certainly not in the pockets of West Virginians. Instead, as it has since the late 1800s, the money has flowed out of state to corporate barons, many who then stash the cash away in offshore accounts.

Fracking
Then there is fracking. The most startling fact about fracking is that any West Virginian would support it in light of the history just outlined. Again, though, the industry promises jobs. Those jobs, however, are temporary and very unreliable as we have seen as oil prices fluctuate. Additionally, it is becoming increasingly clear that the jobs come at a great cost, as those working in the fracking fields are working in a very unhealthy environment. The residents, though, suffer the most. The loss of land, sleepless nights, water supplies destroyed, children and adults experiencing everything from nosebleeds to cancer, public roadways ruined and communities divided (Divide & Conquer is a fundamental strategy of the energy extraction industry), make it clear that the only people benefitting from the process are corporate CEOs, most of whom are from out of state.

Pipeline construction
That the gas companies – in particular EQT and Dominion – are audacious enough to argue that they should be granted eminent domain by the Federal Energy Regulatory Commission (FERC), reveals just how allied political and business interests are in exploiting the mineral resources of The Mountain State. No matter how the companies spin it, the proposed Mountain Valley and Atlantic Coast pipelines are not for public benefit (the standard FERC must apply before granting the companies the right of eminent domain); they are for the companies’ shareholders. Most significantly, the gas that would be shipped through the pipelines will end up in foreign countries, which should be the fact that causes FERC to deny the company’s applications. That, however, would take a miracle.

For those who think pipeline construction is benign and that the companies employ a bunch of good ole’ boys from West Virginia looking out for their neighbors, you need to visit Doddridge, Harrison, Lewis, Ritchie, Tyler and Wetzel counties. Or read this.

Bishop’s response to the pope
A detailed essay will follow relatively soon regarding the insubordination of Bishop Michael Bransfield’s response to the climate change encyclical by Pope Francis. For now, suffice to say that Bransfield, who is the shepherd of West Virginia’s Catholics as head of the Diocese of Wheeling-Charleston, undermined the pope’s message so as to not offend the deep pockets of coal, gas and oil executives. I was told in March by a diocesan official that the bishop wouldn’t support the encyclical because, “Coal, gas and oil are simply too powerful. It wouldn’t be prudent.” Indeed, as you can read here, the bishop is just flat-out distorting the pope’s words.

Lessons from the coal playbook
During the West Virginia Mine Wars of roughly a century ago, the coal companies employed a very effective strategy against coal miners seeking to unionize and achieve better working conditions – they controlled law enforcement. Logan County Sheriff Don Chafin ruled Logan County for the coal companies and exerted influence throughout the southern coalfields. When Sid Hatfield, the police chief of Matewan (but a supporter of the miners), was gunned down on the McDowell County courthouse steps in Welch, W.Va. in 1921, police officials turned a blind eye.

While such blatant corruption is not happening today – at least in the open – a recent donation of $5,000 to the Lewis County Sheriff’s Department by Precision Pipeline, a subcontractor building the Stonewall Gas Gathering pipeline, has some local residents wondering what will happen should conflict erupt between local citizens and the corporations destroying the county’s land. The appearance of impropriety is certainly present.

Conclusion: Civil Disobedience is the answer
In short, our state motto – Montani Semper Liberi (Mountaineers are Always Free) is a joke. The people of this state – whether they will admit it or not – continue to be abused and oppressed by political and business interests. Those appointed to protect the people – such as WVDEP Secretary Huffman – are unable or unwilling to honor their vocations. Additionally, those we should be able to count upon to advocate for and protect us – church leaders and law enforcement – have been compromised.

So, it is up to us. In an upcoming essay, solutions to address West Virginia’s many problems will be offered in detail. For now, an overview of possible solutions include local communities supporting one another economically and socially in new ways; reforming our political system to open ballot access, seting term limits and establish ethical training for potential political leaders; and, ensuring that local officials are prepared for the inevitable disasters that will occur from the fossil fuel mono-economy. We need greater regulation of the energy extraction industry. We need to truly empower people like Secretary Huffman so that he can’t say his hands are tied.

However, I have concluded these actions will not be enough. It is time for nonviolent civil disobedience. That will require training. It will require resolve. Those of us who recall the Civil Rights and Vietnam eras know that civil disobedience works. The achievements of those eras – including voting rights legislation and ending the Vietnam War – would not have happened had people not taken to the streets and subjected themselves to beatings and murder.

As I have put those many miles on my car, I’ve heard so many West Virginians say they want to change our state. The last 60 years of American history, in fact 100 years when the labor movement and women’s suffrage are included, suggest that change can come – but at a great cost. You can fight. You can leave. Either choice is legitimate. But indifference is nothing short of surrender. That is inconsistent with what most West Virginians say they would do. So why do the powerful still control our state?

© The Appalachian Preservation Project, 2015. The Appalachian Chronicle is a publication of the Appalachian Preservation Project. If you find this writing of value, we hope that you will consider support our independent work by becoming a member of the Appalachian Preservation Project. You can learn more here. By doing so, you will be supporting not only this website, but also our other outreaches, programs and partnerships.

We are on Facebook
On Twitter: @appchronicle

Have We Learned Anything from Buffalo Creek?

Mountaintop removal, natural gas fracking and the rush to develop gas pipelines suggest it is ‘Business as usual’

By Michael M. Barrick

Look at the weather
Look at news
Look at all the people in denial
We’re burning time; bleeding grace
Still, we worship at the marketplace while common sense is going out of style
I thought that I’d be above it all, by now
In some country garden in the shade

But it’s business as usual
Day after day
Business as usual
Grinding away
You try to be righteous
You try to do good
But business as usual
Turn your heart into wood

From “Business as Usual” by the Eagles, © 2007

Forty-three years ago yesterday, 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. (For an outstanding, comprehensive story of that tragedy and its ramifications, see Brian Sewell’s account on the Appalachian Voices website).

Destruction at Buffalo Creek Photo courtesy of West Virginia State Archives

Destruction at Buffalo Creek
Photo courtesy of West Virginia State Archives

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 still do.

Six or seven years after the tragedy, my girlfriend (now wife) and I were visiting another priest and close family friend who was stationed in Logan, W.Va. 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 Power, 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 since the turn of the century. You can read here about efforts of one group among hundreds across West Virginia, Virginia and North Carolina that are standing firm against the energy extraction industry.

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.

© Appalachian Preservation Project, LLC, 2015. The Appalachian Chronicle is a publication of the Appalachian Preservation Project. The Appalachian Preservation Project is a social enterprise committed to preserving and protecting Appalachia. If you wish to support our work, please consider becoming a member.

The Appalachian Preservation Project is also handling planning for the “Preserving Sacred Appalachia” Earth Day conference scheduled for April 20-21 in Charleston, W.Va. The conference sponsor is St. Luke’s United Methodist Church in Hickory, N.C. Our conference partner is the West Virginia chapter of the Sierra Club. Learn about it here.