Tag Archives: Duke Energy

North Carolina Law Enforcement Wrong to Target Pipeline Opponents

It is Duke, Dominion and EQT that are terrorizing people

By Michael M. Barrick

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Myra Bonhage-Hale, then of Alum Bridge, W.Va. holds signs with questions she had for Console about pipelines. This “activist” eventually moved out of state.

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.

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Joao Barroso makes a point with neighbors in Randolph County, W.Va. He became an “activist” to protect hundreds of acres of his pristine land.

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.

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Justin McClain (L) listens as his father, Robert talks about the damage to their crops done by the Stonewall Gas Gathering Pipeline

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.

Failed erosion control 1

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

Pipeline construction

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:

  1. Public Health Issues
  2. Water Use and Contamination
  3. Radioactivity
  4. Air Pollution
  5. Waste Disposal
  6. Site Development and Well Pad Activity
  7. Misuse of Eminent Domain
  8. Climate Change
  9. Traffic Congestion
  10. Potential Earthquakes
  11. Industry Instability

The people experiencing these events and tactics do not sound like terrorists. They sound like people who are being terrorized.

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A convoy of gas trucks rumble through downtown Weston, W.Va. at lunchtime.

Crony capitalism

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.

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Children suffering nosebleeds is just one public health hazard in fracking zones

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

Curry Hedge and Johnson at conference

About 50 pipeline activists gathered peacably at the Preserving Sacred Appalachia gathering in April 2015 in Charleston, W.Va. Here, Tierra Curry (L), Susan Hedge and Allen Johnson lead a discussion on the sacredness of Appalachia. Photo by Keely Kernan

Other articles I’ve written about the Fossil Fuel Extraction Industry

ACP Would Require Extensive Mountaintop Removal

Atlantic Coast Pipeline Costs Outweigh Benefits, Claims Independent Study

Breaking Ground, Breaking Hearts

Citizen Groups Organizing in Response to Fracking

Citizen Groups to Unite for Water Justice in West Virginia and Beyond

Clarksburg Newspaper Editorial an Affront to West Virginians

Dominion is a Bully, not a Community Builder

Ecological Monitoring Group Challenges Virginia Governor to be Transparent about Pipeline Deliberations

Environmental Scientists, Activist Applaud Mountain Valley Pipeline Ruling

EQT Letter Characterized as Misleading and Bullying

Factual Reporting is not Always Balanced

Feeding the Military Monster

FERC Independence Challenged by Nonprofits

Fracking Forum a Time to Learn, Unify and Act

Groups Work to Bring the Public Voice into Gas Pipeline Projects

Health and Well-Being of Residents Being Subordinated to Fracking Industry

Incompetence and Complacency Increase Dangers from Fracking

Is This Fair?

Jury in Pennsylvania Fracking Case Sees Clear Value in Lives and Property

Learning by Listening

Lewis County Resident Issues a Plea: Wake up West Virginia

Natural Gas Industry Moves from the Absurd to the Profane

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

OVEC Publishes Newspaper to Reach 29,000 West Virginians

Pipeline Proposal Raises Questions that Beg for Answers

Pipeline Monitoring Group: FERC Not Doing Job on ACP

Poor Emergency Planning in West Virginia Puts Citizens at Risk

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

Putting Liberation Theology to Practice in Appalachia

Reluctant Activist

Seeking Dominion over His Own Land

Standing Their Ground

The ‘Deceived God’

Unity the Theme at ‘Preserving Sacred Appalachia’ Conference

Virginia Officials Agree to Demands from Advocacy Group about Pipeline Deliberations

Voices out of the Wilderness

West Virginia: The Rodney Dangerfield of the USA

West Virginia Residents in Heart of Fracking Field Join in National Action

West Virginians and Pennsylvanians Standing in Solidarity Against Natural Gas Industry

West Virginia’s Top Story in 2015: People and Land under Assault

Why People Deny Global Warming Clues

WVDEP Secretary Randy Huffman Acknowledges Political and Business Climate in Charleston Limits Agency’s Effectiveness

‘You Make Us Want To Leave’

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The Power behind the Atlantic Coast Pipeline

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.

Money

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.”

Va DEQThere 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/

(Courtesy Submission)

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Factual Reporting is not Always Balanced

Some issues simply do not deserve equal coverage of both sides

By Michael M. Barrick

CLARKSBURG, W.Va. – Readers of this blog know I called into question the independence of the Clarksburg newspaper recently because its president has interests in the natural gas industry and it has rarely, if ever, cast a critical eye on the multiple negative impacts of fracking and natural gas pipeline development. Those who receive my email updates also know that the newspaper’s publisher and editor took exception and wrote an open letter to everyone on the list, insisting that the newspaper was independent. They also wrote, “Unlike your blog, we are truly independent.”

I believe my reports and columns stand on their own merit. We are independent; however, what I understand is that factual reporting is not always balanced – nor should it be.

This is certainly true of West Virginia’s dependence upon the fossil fuel mono-economy. The Mountain State has a long history of being exploited by the energy extraction industry. While it has provided the dignity that accompanies work, it has also caused tremendous harm to people and the environment. While it is important to acknowledge the dignity that comes with any work, it is also vital to acknowledge that coal, gas and oil companies virtually have unlimited resources to disseminate propaganda. For more than a century, the industry has exerted inordinate influence upon our political bodies. That is why is incumbent upon the press and media to counter those influences. Clearly, the pages of the Clarksburg paper don’t offer such a counter-balance. We all know the history of coal mining disasters. Now, mountaintop removal has been proven to cause harm to human beings. The same is true for fracking and the related pipeline development. These are scientific facts which we ignore at our own peril.

That does not mean that I deny that there have been some limited benefits from the energy extraction industry; nevertheless, present facts and the well-documented history of the industry prove that any benefits are far outweighed by the misery experienced by the people of the state and region, as well as the damages done to our sacred landscape.

The first energy extraction industry in the state was logging. Erosion, flooding and ugly landscapes were all that was left after the industry finished its work. To this day, a hiker accustomed to marveling at 150-year-old oak trees in the Pisgah Forest of North Carolina will struggle to find similar majesty in West Virginia’s forests.

Next was the coal industry, the history of which I have written about extensively. While one benefit of the industry is that it has provided jobs and the dignity that accompanies most work, many of Appalachia’s miners died (and are dying) from black lung disease. Hundreds of coal mining disasters have taken thousands of lives. In the early days of the industry, which occurred during America’s Gilded Age in the late 19th century, the unholy alliance among robber barons and politicians corrupted democratic institutions, allowed just a few to control the means of production and transportation (railroads), and created horrendous working conditions for miners. This continues to this day as anyone paying attention knows (e.g, the Upper Big Branch disaster and all of its related fall-out). Also, William C. Blizzard’s book “When Miners March,” – as well as several other books, documentaries and movies – provide accounts of how industry leaders and elected officials colluded to conduct a literal war upon coal miners. Furthermore, we know – as fact – that burning coal is contributing to climate change. Finally, the modern practice of mountaintop removal mining has led to destruction and misery for everyone impacted by it – unless one owns the mountain that is being blown up.

Furthermore, the coal industry has unlimited resources to spew forth its propaganda and to use teams of lawyers to intimidate and threaten its opponents. So, we are seeking to balance that with factual reporting about the many negative aspects of our state’s reliance upon a the fossil fuel mono-economy. In addition to providing balance, it is my hope that our reporting will also challenge readers to consider that perhaps we need to reconsider our priorities – to question whether profits for a few should be allowed to trump the need for clean air and water; safe and peaceful communities; and, again, the sacred nature of the wilderness and its ecosystems.

Most recently, we have seen the assault upon people, property rights and the earth by the gas companies and their partners, such as Duke Energy.

When I was a student at Notre Dame High School in the early 1970s, I was part of the debate team. I learned then the value of a healthy debate. So, I welcome the exchange between our publication and the Clarksburg newspaper, as well as the insights shared by many readers of our blog. We need a debate in our community, the state and nation about the role of journalists.

This is more than a debate though. This is a teachable moment. Some issues simply do not deserve equal coverage of both sides, because the facts do not support such a perspective. In West Virginia, eastern Kentucky, southeastern Ohio, southwestern Pennsylvania, and southwestern Virginia, the facts are clear – powerful interests have removed the riches from the earth for their own profit, while leaving its people battered, bruised and impoverished. It has left its landscape forever scarred.

Now, with the proposed construction of more than a thousand miles of pipelines to transport natural gas, the negative consequences could move into areas of Virginia and North Carolina that have, to a large degree, escaped the negative impacts of the energy extraction industry.

Consequently, I do not apologize for adhering to the journalistic principle that factual reporting is not always balanced. Those who have had their well water destroyed by fracking, their land taken unjustly, or their husband and father killed at Sago or Upper Big Branch understand this.

It would appear that the Clarksburg paper does not. Nor do many other publications that have compromised their integrity for profit.

So, the question is, to what view of journalism do you subscribe?

© 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. Learn about it here.