Dangers of fracking, benefits of Clean Energy in West Virginia are covered in the 28-page newspaper, Renew West Virginia
By Michael M. Barrick
HUNTINGTON, W.Va. – One of the most established and influential environmental and social justice organizations in West Virginia is printing and distributing 29,000 copies of its own newspaper – Renew West Virginia.
The Ohio Valley Environmental Coalition (OVEC) stated in a news release, “The publication … examines the health and pollution impacts of the fracking boom in other areas of West Virginia, and details fracking-related projects proposed for the greater Huntington area. It also explores the nationwide growth of renewable energy and related jobs, with a focus on the renewable energy efforts underway in Cabell and Wayne counties.
It will be distributed to residents of Cabell, Wayne, Putnam, Jackson and Roane counties. It is being sent to those “ … who reside near some of the proposed pipelines and their associated compressors stations,” explained OVEC in the statement. It is also available online.
The proposed route for the Mountaineer XPress Pipeline, as provided by Columbia Gas Transmission online.
The newspaper has been published, said OVEC in its release, to answer the question, “What is our energy future?” The question is timely, argued the organization. It noted, “A total of nine large diameter pipelines are proposed to come through the Huntington area. Unlike the Dakota Access Pipeline and the Keystone XL Pipeline, which are largely completed already, the fracked-gas pipelines proposed for the Huntington area are not yet in construction, and some are still in the planning phases.”
It continued, “Columbia’s Leach XPress pipeline is planned to bore under the Ohio River near Camden Amusement Park, and Columbia’s Mountaineer XPress pipeline is currently in the public comment phase. There is also industry discussion now about fracking the very deep Rogersville Shale which underlies the Huntington area.”
As pipeline companies seek eminent domain rights, we need to remember that informed and organized people can demand their rights, protect their property, and contribute to a better energy future for our state and nation.” – OVEC Executive Director Natalie Thompson
There is a better way, argues OVEC in Renew West Virginia. OVEC Executive Director Natalie Thompson said, “All across the United States, a new energy for citizen action is emerging. We need to tap into that energy and work with others concerned about the severe climate impacts of these planned developments in our neighborhoods.” She continued, “As pipeline companies seek eminent domain rights, we need to remember that informed and organized people can demand their rights, protect their property, and contribute to a better energy future for our state and nation.”
Robin Blakeman, OVEC’s project coordinator, added, “We see the problems our neighbors in north central West Virginia have faced with the rise of deep shale fracking-related activities. We’ve published Renew West Virginia because we want to make certain that people know deep shale fracking-related activities are not the same as our grandfathers’ oil and gas industry.” She added, “Renewable is doable! We can choose to move West Virginia’s economy into the 21st century by embracing cleaner renewable energy.”
Indeed, the impact of fracking upon the state’s northern counties, as well as residents in Pennsylvania, New York and elsewhere are revealed in the newspaper. On page 3, under the headline, “Not Your Grandfather’s Oil and Gas Industry,” a new fracking well pad dwarfs an older well. With that startling contrast catching your attention, readers are informed, “To learn what this oil and gas rush would mean for our communities, we look to our northern neighbors. Explore these pages to learn more about what our region faces, about fracking-related activities, and about cleaner, healthier alternatives.”
A number of topics are covered, including the growth of renewable energy. There is also a section on the Rogersville Shale field – 12 to 14 thousand feet under about 12 counties in West Virginia and several more in Kentucky – which is in the sights of the gas industry. The Marcellus Shale, in contrast, is about 5,000 feet below the surface. The publication asserts, “If the Rogersville Shale is extensively developed, the Huntington/Wayne County area would be harmed by unprecedented deep fracking, with much of the oil and gas apparently slated for export overseas.”
Additionally, the publication points out that much of the gas being extracted from the West Virginia shale fields are earmarked for export, despite federal regulations designed to prevent that. It shows how a state court victory for citizens could thwart industry plans to export the gas they seek to extract. The ruling prevents gas companies from accessing private property. Hence, depending upon other factors, the ruling could severely limit construction, and hence production and, ultimately, export of the fracked gas. Consequently, the construction of pipelines and compressor stations, not to mention the many adverse impacts of fracking, could conceivably be severely restricted by West Virginians firmly standing for their rights.
In that decision from a case in Monroe County, the West Virginia Supreme Court upheld a ruling by Monroe County Judge Robert A. Irons ruling that landowners do have the right to prevent pipeline surveyors from coming on their property to survey for the proposed Mountain Valley Pipeline (MVP). This was a clear win in checking gas companies’ abuse of eminent domain. He ruled what MVP’s attempts to get on private property without permission based on the premise of eminent domain is illegal because it was “private taking for private use.” In other words, the pipeline is not for public benefit, affirmed the court, but for the profit of the energy companies building them.
Other issues explored include public health and environmental complaints in Pennsylvania; the impact upon water supplies from depletion of lakes to pollution through leaching; earthquakes occurring where none had before the fracking boom; public health impacts, ecological risks, and overall nuisances of fracking well pads; and, a review of the impact of nine proposed pipelines, many of which would run under or near the Ohio River.
Readers are also encouraged to know and defend their rights. “Folks in West Virginia living along the paths of these proposed pipelines are advised: If pipeline land men come looking for you, know your rights! OVEC can suggest knowledgeable and trustworthy lawyers.”
The dangers of compressor stations are illustrated vividly through the photo of a child who was part of a health study in New York. As noted in the caption, residents suffered from asthma, nosebleeds, headaches, and rashes. On the same page, readers learn. “The Pennsylvania Medical Society has called for a moratorium on new shale gas drilling and hydraulic fracturing.”
In-depth reporting is provided on the “typical steps” for a Marcellus Shale gas operation. Numerous photos tell their own stories. Radioactivity in fracking well waste is explored. The paper notes, “In December 2016, the journal Environmental Science & Technology Letters reported on a study that found some well waste from the Marcellus Shale in Pennsylvania contained radioactive material not previously reported, with the potential for leaching from landfills into the environment.” Over two pages, Renew West Virginia thoroughly reviews the science that proves fracking creates radioactive waste. Furthermore, they note that disposal of it is barely, if at all, regulated.
The newspaper also includes news of grassroots victories against pipelines; points out that the clean energy economy employs four million people in the United States; and, provides extensive analysis of solar energy.
OVEC will distribute copies of Renew West Virginia at an informational meeting at 6 p.m. on Wed., March 15 at the Main Cabell County Library, 455 9th Street (at the corner of 5th Ave. and 9th St. in downtown Huntington).
To contact OVEC or to learn more about Renew West Virginia, click here.
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, 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 heaving minerals and radioactive materials recovered as part of the extraction process.
© Michael M. Barrick, 2017
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Hundreds of Nonprofit Organizations Join to Demand Reform of ‘Rogue Agency’
WASHINGTON – More than 180 organizations representing communities across America, including West Virginia, called on leaders in the Senate Energy and Natural Resources Committee and House Energy and Commerce Committee to hold congressional hearings into the Federal Energy Regulatory Commission’s (FERC) extensive history of bias and abuse. The groups are also requesting reform of the Natural Gas Act, which the groups say, gives too much power to FERC and too little to state and local officials.
“The time has now come for Congress to investigate how FERC is using its authority and to recognize that major changes are in fact necessary in order to protect people, including future generations, from the ramifications of FERC’s misuse of its power and implementation of the Natural Gas Act,” says Maya van Rossum, the Delaware Riverkeeper, leader of the Delaware Riverkeeper Network and a primary organizer of the effort.
“The Greenbrier River Watershed has two pipelines proposed: Atlantic Coast and Mountain Valley, yet FERC refused to do a Programmatic EIS to look at the need for two pipelines,” says Leslee McCarty, coordinator of the Greenbrier River Watershed Association. “We hope Congress, instead of speeding up approvals for these projects, will force FERC to look closely at need, especially in light of global climate change.”
“The FERC represents the epitome of what the world has come to recognize as a rogue regime: unbridled power over citizens and unquestionable allegiance to and cooperation with unethical, socially unjust and environmentally dismissive corporations,” says Monroe County, WV resident Laurie Ardison, co-chair of POWHR (Protect Our Water, Heritage, Rights).” For the citizens of this country to be victims of the FERC is unconscionable. Congress must reign in this agency which left unchecked, will continue to foster incalculable harms as the fossil fuel industry develops beyond need.”
McCarty adds, “Fracked gas may prove to be even more of a dirty fuel than coal. Yet in the US, and especially in West Virginia, we are asked to embrace this dirty business as our savior. It is a testimony to slick public relations and strategic campaign contributions from fossil fuel companies, and keeps us on a dangerous path to certain disastrous climate change and boom and bust economic development. This is the time for West Virginia to look to revitalize our energy portfolio and keep sustainable jobs, not continue to be led down the painful road we have traveled in the past.”
The letter to Chairman Fred Upton (R-MI), Chairwoman Lisa Murkoski (R-AK), Ranking Member Frank Pallone (D-NJ) and Ranking Member Maria Cantwell (D-WA), signed by 182 community organizations representing communities in 35 states of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, New Hampshire, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, West Virginia as well as the District of Columbia, argues that FERC’s review and approval process for jurisdictional pipeline projects is infected by bias; and that it is resulting in uncontrolled and irresponsible proliferation of unneeded natural gas pipelines. Finally, the letter charges the agency with misusing provisions in the law to strip people and states of their legal rights, to prevent fair public participation in the pipeline review process, and to improperly use the power of eminent domain to take private property and public lands in a way that inflicts unforgivable harm to rights, jobs, and communities.
The letter details how FERC has implemented the Natural Gas Act in ways that deliberately undermine public input. FERC has prevented communities from challenging projects before the exercise of eminent domain and pipeline construction, made decisions to benefit its Commissioners, and used conflicted consultants to handle much of the review process.
In addition to calling for hearings into FERC and the Natural Gas Act, the letter opposes any further advancement of language in the Energy Policy Modernization Act of 2016 meant to shorten critical pipeline review periods. Signers of the letter argue that the proposed law should be held in abeyance until after the hearings, where Congress will learn “how people’s rights, state’s rights, and the environment are already being abused under the implementation of the Natural Gas Act and so will be further harmed by passage of provisions proposed in the new law.”
Upon Congressional review, DRN and fellow parties demand the reforms necessary to address FERC’s extensive abuse of power, which requires revising the Natural Gas Act to prevent the misuse and exploitation that has been rampant. Additionally, the organizations seek affirmative action to remedy FERC’s problematic funding structure.
“FERC is corrupt and needs to be reformed,” says Paul L Gierosky, cofounder, Coalition to Reroute Nexus. “The evidence is overwhelming and clear as is set forth in the request for Congressional Hearings. It is time for Congress to hold FERC accountable.”
“The number of frack gas pipelines is exploding and the feds are not only not applying appropriate oversight, but are in fact also enabling the trampling of people’s property rights, public health standards, and environmental protection,” says David Pringle, NJ Campaign Director, Clean Water Action. “This letter is a clarion call to action for Congress to rein in this modern day Wild West that if left unchecked will lead to even worse abuses and explosions.”
A pdf of the letter is available here:
It is time to eliminate the outrageous subsidies and entitlements for the gas industry
By Tom and Becky Berlin
WESTON, W.Va. – Here is a little something for all you land owners, farmers, small business owners, and tax payers to think about.
If you own a bit of land for a hay meadow, you will be assessed and pay property taxes on your hay meadow.
If you buy a tractor and some equipment so you can harvest your hay, you will be assessed and pay property taxes on your tractor and equipment.
If you build a barn in which to keep your hay and your farm equipment out of the weather, you will be assessed and pay property taxes on your barn.
If you buy a cow to eat your hay and maybe give you a calf to sell, you will be assessed and pay property taxes on your cow.
Other small businesses are in much the same situation. You pay property taxes on your business property, buildings, equipment, and inventory.
If, on the other hand, you are a huge corporation and you build a multimillion dollar piece of profitable infrastructure, like Momentum and Stonewall Gas Gathering LLC and their newly constructed pipeline, you will not be assessed and will not pay a penny of local property taxes on your pipeline. Nothing.
Even worse, the land under which that multimillion dollar pipeline lies has been forever rendered unproductive. Nobody will ever be able to build a house on that land, build a barn, build a farm pond, drill a water well, grow an orchard, grow timber, cut an access road to the other side of your farm, or make any improvements that might interfere with the pipeline company. For every mile of pipeline right of way that Stonewall Gas Gathering has, they have permanently destroyed the utility and value of about 10 acres of land, which will ultimately show up as decreased property value and decreased tax revenue for the county. If you do not think the property value has declined on that land, survey off an acre of that right of way, put it up for sale and see what the market value is now.
Does that seem fair to you? Speak with your elected representatives and candidates and demand that this outrageous subsidy and entitlement be eliminated.
Tom and Becky Berlin are farmers in Weston, W.Va.
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West Virginia Department of Environment Protection needs to hear more voices
By John W. Cobb, Jr.
IRELAND, W.Va. – With 11 counties in West Virginia projected to be affected by the Mountain Valley Pipeline (MVP) route should it receive approval, voices from one end of the state to the other must be heard. The West Virginia Department of Environment Protection (WVDEP) needs to hear from citizens while there is still time. The potential impacts to water supplies (aquifers), streams, wetlands and rivers is significant; therefore citizens need to write the WVDEP to request public hearings in the affected counties.
So far, such requests are working.
The WVDEP Division of Water and Waste Management (DWWM) will be extending the public comment period on the State 401 Water Quality Certification for the proposed MVP project until further notice. It takes only a few minutes to send them a letter or email requesting a public hearing in your county so you can learn and get answers to your concerns.
Originally, the public comment period, which is required under state regulation 47CSR5A, would have ended next week, but because of widespread public interest in the proposed project, DWWM will be scheduling public hearings to discuss certification of the proposed project. Information about the dates and locations of those hearings will be made public as soon as plans are finalized.
The WVDEP says they will likely prioritize holding public hearings based on the counties generating the most comments. For now, those are from Greenbrier, Monroe and Summers counties. We need more folks along the MVP Route to respond now. We need to help get the word out to folks further up along the proposed route, including Wetzel, Doddridge, Harrison, Lewis, Braxton, Webster, Nicholas, and Fayette counties. Every citizen along the route needs reasonable access to public hearings. By writing the WVDEP, it will increase the chance that no citizen will be left out.
The Mountain Valley Pipeline is a $3.5 billion project, developed by EQT Corp., and it involves a 42-inch-diameter pipeline that would run 301 miles south from the Equitrans L.P. transmission system near the MarkWest Energy Mobley Complex in Wetzel County to a Transcontinental Gas Pipeline Co. compressor station in Pittsylvania County, Virginia. This project is one of multiple pipeline projects currently under review by the Federal Energy Regulatory Commission (FERC) one of the other projects is the Atlantic Coast Pipeline that will run somewhat parallel and north of the Mountain Valley Pipeline.
When issuing certification, DWWM’s 401 Certification Program may consider the proposed activity’s impact on water resources, fish and wildlife, recreation, critical habitats, wetlands and other natural resources. In its 401 certification application, EQT anticipates that the MVP project will have temporary impacts to approximately 49,892 linear feet of streams and 18.9 acres of wetlands and permanent impacts to approximately 3,125 linear feet of streams and 10 acres of wetlands within the Mountain State.
Comments and information relating to the certification should be emailed to DEP.firstname.lastname@example.org, with “MVP 401 Certification” in the subject line or mailed to:
West Virginia Department of Environmental Protection, Division of Water and Waste Management
401 Certification Program
601 57th Street SE
Charleston, WV 25304
Responding now with a request for a public hearing in your county will give you and your neighbors a chance to express your concerns to the West Virginia’s Department of Environmental Protection.
(C) John W. Cobb, Jr., 2016. Mr. Cobb writes from his home in Ireland, W.Va.
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Note: The original version of this article listed 12 counties. The correct number is 11. We regret the error.
(Editor’s note: As we recently announced, the Appalachian Chronicle launched a sister online newspaper, The Lenoir Voice, in North Carolina. This article is published in full there).
Before jumping on the natural gas bandwagon, North Carolinians need to know that the shale fields of Central Appalachia are a living hell because of fracking and pipeline development
“And who is my neighbor?” (Luke 10:29b)
By Michael M. Barrick
CHARLOTTE, N.C. – North Carolina-based Duke Energy, Virginia-based Dominion Energy, Inc. and its partners announced on March 22 that it has closed deals to sell virtually all of the natural gas expected to flow through the proposed Atlantic Coast Pipeline (ACP), which will originate in Harrison County, W.Va. – if approved.
And there is the catch. The ACP has yet to receive approval from the Federal Energy Regulation Commission (FERC). However, this latest announcement is just the most recent of a barrage of press releases during the past few years, as Duke Energy and its partners have been playing the “inevitability” card on this controversial project since it was announced. It is marketing propaganda at its best, supported by ruthless and questionable legal tactics to squash all opposition.
So far, they’ve failed – at least at squashing a popular uprising among the residents along the pipeline’s proposed route. Read the full article.
© The Lenoir Voice, 2016
On Twitter: @lenoirvoice
Families who refused to settle out of court awarded $4.2 million for the harm caused to their land and lives from fracking
By S. Tom Bond
DIMOCK, Pa. – The controversy over the environmental impact of fracking upon the people and land of Appalachia – especially in the shale fields of Western Pennsylvania and Northern West Virginia – recently took a stunning turn here earlier this month when a jury agreed with two families and awarded them $4.2 million in their lawsuit against Texas-based Cabot Oil & Gas. See the article about the settlement on the FrackCheckWV website.
No eminent domain for corporate gain.”
Scott Ely and his wife, Monica Marta-Ely, and Ray and Victoria Hubert of Dimock refused to settle for mediation of their nuisance suit, which was filed in 2009. In doing so, they have done a great thing for all of us. They took the risk of going to court and refused the minimal value offered by the corporation, despite the fact that many of their neighbors settled years ago. This showed publically how the neighborhood valued their property, both its singular and personal value.
This decision shows that the environmental impact of fracking is inextricably linked to fundamental issues such as private property rights and values. The value of property (or friends or anything you like) is not the same as a corporation values it. What a jury of peers does is to value property according to community values – the value as the neighbors understand it, not how the aggressor sees it!
This settlement raises some interesting questions and metaphors. Do you think my wife isn’t worth more to me than she would be worth on the open market? She is 79, grey and somewhat bent, but we get along. I don’t want to adapt to another, and I’d like to keep her around. It’s the same with my farm – I’ve been here for 52 years. I know about its past back to the ones who got the land grants, I know what it can do, and I remember a lifetime of what has gone on here. I have heirs who are interested in working it. Of course it is worth more to me than to a stranger.
What if someone comes along and takes it for his profit? Rest assured, he makes his effort for profit, not for the public good, otherwise it would be cheaper for the public equal to the amount of his profit. Corporations are notorious for their single value outlook, one of the huge ways they are not “persons.” Indeed, their hypocrisy knows no bound. Rex Tillerson, the chairman, president, and CEO of ExxonMobile Corporation and several of his neighbors, include former House Majority Leader Dick Armey – both strong supporters of fracking – sued an energy company in Texas to stop the construction of a water tower close to their property. In their lawsuit, Tillerson, Armey and others argued that the tower – which, if completed, will contain water to be sold to fracking companies – will diminish their property values and cause “discomfort and annoyances to persons.” See here.
Tillerson has learned what those of us living in the fracking fields have known for a decade – almost all personal property is worth more because people don’t use it just for profit. If the compensation is the single value of “market worth,” people get cheated.
There is an element of class warfare in fracking. Few people who aspire to become rich by investment or astronomically high executive salaries are genuinely democratic (small d, of course). Their values and ours don’t match. Indeed, Laura Legere of the Pittsburgh Post-Gazette reported that Cabot’s attorney Jeremy Mercer described the efforts by the attorney for the Ely and Hubert families as an effort “to throw skunks into the jury box.” This is, indeed, the language of class warfare.
What corporation would be interested in anything but making money? Should enjoying life, appreciating the people around you and preserving the good world around us be considered worthwhile values? Those of us who are stewards of the land entrusted to us believe so.
The court victory by the Elys and Howards should embolden us to preserve and protect the rights that go with our private property, and say together, “No eminent domain for corporate gain.”
© S. Tom Bond, 2016. Bond is a retired chemistry professor and farmer in Lewis County, W.Va.
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As West Virginia legislature prepares to adjourn, resident warns of dangers to property rights
By John Cobb
There are several currently proposed bills in the West Virginia Legislature now that could seriously hurt our rights as property owners:
Senate bill 508 would destroy a more than 200-year-old law that allows citizens the right to file “Nuisance Suits” against neighbors or companies who harm their property values or their right to the pursuit of happiness on their property. This bill is currently in the House Judiciary committee. While it is not expected to pass, it is essential to keep pressure on House members.
Would Senate Bill 596 would allow gas and pipeline companies to come onto private property to survey your land for pipelines which may not even be in the public interest. This is actually legalizing trespassing. Though dead for now after a defeat in the Senate, voters should be aware of who supported this as they prepare to vote this year.
Senate bill 601 would forces West Virginia Landfill authorities to take drill cuttings from Marcellus Wells which may include contaminated waste and radioactive materials that could pose risks to our aquifers and water supplies. Good water is every West Virginian’s God-given right. It is presently under consideration in the House.
None of these bills should be amended! They are wrong in any possible form.
None of these Senate Bills should come to the full Legislative floor for a vote.
All these Bills should be killed/stopped – NOW!
These Senate Bills seem to be totally for the benefit of the Marcellus Drilling and Pipeline companies and are putting our property rights, values, lives and peace of mind at risk. The out-of-state companies will be gone in ten years, but many of our property rights could be gone forever. It’s time to act to get involved!
Our Senators will not be representing “the majority” of their constituents if they sponsor or support or vote for these Senate bills!
Please watch closely how your elected representatives vote in this session of the Legislature. It is important that they vote for our property rights.
It just does not seem to stop. Governor Tomblin asked the West Virginia Senate to Pass Senate bill 419. This bill would eliminate some of the revenue derived from the state severance tax on oil and gas extraction by 4.7 cents per thousand cubic feet of natural gas (along with a fee on coal extraction).
Call me thunderstruck, but this tax revenue cut comes at a time when our state has a shortfall of over $350 million in the budget.
Yes, the fee was originally to be used to pay down the state’s old workers’ compensation debts and Tomblin had promised that once the debt was paid, the fee would be lifted.
Guess what. Our state senators have unanimously passed Senate bill 419 and it is now awaiting the Governor’s signature. If signed, we will lose this potential tax revenue source that could help us fix our state’s budget. So I ask you, “Who is working to fix our budget”?
Finally, we need to kill any bill that supports forced pooling.
Two such bill are SB646 and HB 4639 which support forced pooling. These bills will allow drilling under a surface owner’s property without their consent and without benefit to the surface owner. These are the worst forced pooling bills ever. Last year the legislature tried to pass a forced pooling bill and it failed because it is an unfair concept and an unfair law.
I thought this was the year that our infrastructure was to have been top priority. What happened?
Our roads and bridges need repair and improvement. We need new roads. We still need to get good water to the thousands of folks who are on spring or well water. Yes, many families are still in need of reliable city water. So many people today in our state are still living as third world citizens.
So ask your representative why they are working so hard on taking away more of our rights.
There has never been a more important time to watch what is going on in Charleston!
There is still time to contact your elected officials. So take action now to protect your property rights.
These bills are taking away people’s rights and it is unfair to take away the legal system from ordinary citizens.
You can check a bill’s status at: http://www.legis.state.wv.us/ and you can also find your legislator by clicking on Senate or Delegate and then Member to get the phone number or email address to contact your representative.
You can make a positive impact. Take the time to protect your property rights now.
The West Virginia Legislature is scheduled to adjourn on Saturday.
© John Cobb, 2016. Mr. Cobb writes from his farm in Ireland, W.Va.
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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
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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.
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
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So-called ‘Nuisance’ legislation filed after more than 200 state residents living in fracking fields filed nuisance suits against Antero Resources and others
By Michael M. Barrick
WEST UNION, W.Va. – Here in the heart of the Marcellus Shale fracking fields, more than 200 residents determined to protect their health, land and lifestyle, filed suit against Antero Resources and two other energy companies more than a year ago. Tired of intrusions upon their health, land and even ability to sleep at night, the citizens hope to recover compensation for damages that the gas industry has caused in this region of the state from site development and well pad activity; traffic congestion; water use and contamination; air pollution; waste disposal; public health issues; quality of life issues; and, eminent domain abuse.
More and more, it feels like the residents of this state are viewed by ‘our’ representatives in the same dismissive light as any other animals inhabiting the land; that we have no more rights than the deer or groundhogs do.” – Mary Wildfire, a resident of Roane County, W.Va.
While that litigation is currently scheduled for trial in May if the litigants do not reach an out-of-court settlement, the energy industry’s representatives in the West Virginia State Senate aren’t waiting to see what the courts have to say about the impact of the energy industry upon the state’s residents. West Virginia State Senator Ryan Ferns – along with six co-sponsors – has introduced Senate Bill 508, which would severely curtail the criteria for residents to file a nuisance suit against the energy extraction industry. The bill was sent to the Senate Judiciary committee on Feb. 4, the same day it was introduced in the senate.
As stated at the end of the bill, “The purpose of this bill is to establish the standards applicable to the common law claim for private nuisance. The bill lists elements and establishes requirements including the requirement that physical property damage or bodily injury exist before a person can seek damages for a private nuisance. The bill also prohibits private nuisance claims if the activity at issue is conducted pursuant to and in compliance with a permit, license or other approval by a state or federal agency or other entity. The bill also requires a plaintiff to have either an ownership interest or possessory interest in the property at issue to have standing to bring a private nuisance claim.”
Proponents argue that West Virginia is too litigious of a state and this bill will help create a more suitable business climate.
Residents, especially those exposed to the impacts of fracking the past several years, have a different view. They say that the bill, if passed, would severely limit their rights as landowners and provide the energy extraction industry with far too much protection from liability for the damages it causes to people and communities.
Mary Wildfire, of Roane County, argued, “It seems to me that gas companies enjoy quite enough privilege in this state. They can slap a huge well pad on the land we spent years working to earn the money to buy, and more years working to build a house and farm on. Most of us don’t own the mineral rights and have neither any say in this, nor do we derive any benefit. They can make noise and light and fumes sufficient to drive us from our homes for months; they can permanently damage the water we depend on, and we’re supposed to be satisfied with truckloads of water filling outdoor tanks; we can’t get compensation unless we can prove that our water didn’t have the contaminants before drilling, a prospect which not only costs hundreds or thousands of dollars, but is rendered virtually impossible by the fact that the companies don’t even have to tell us what to test for. If our land happens to lie on the path they’ve chosen for a pipeline, they’re entitled to take as much of it as they like for that. If there are risks due to these massive pipelines, that’s our problem.”
She asked, rhetorically, “Is the convenience and profitability of the gas companies the legislature’s only imperative here – or do we who live here matter at all?” Answering her own question, she continued, “More and more, it feels like the residents of this state are viewed by ‘our’ representatives in the same dismissive light as any other animals inhabiting the land; that we have no more rights than the deer or groundhogs do.”
Nancy Bevins, of Uphsur County, said, “It is clear some of the state legislators want to reduce the cost of extraction by transferring damage done by gas drillers and strip miners to the rural folks living in and near these sacrifice zones. I would guess most legislators can afford to live in an area unaffected by such activity. But not everyone has that option, or the desire, ability and funds to move. Can you imagine working your entire life, settling down in your home to finally retire, only to have your neighbor allow a well pad on the border of your property? Six hundred feet from your home?”
She added, “Residents of our state deserve protection from outside multimillion dollar corporations. What SB 508 does is to revise the definition of a nuisance suit almost out of existence. This bill favors corporations over middle class and poor West Virginia citizens.”
She concluded with the plea to state lawmakers: “Please vote no on SB 508!”
Tom Bond, a farmer in Lewis County, said, “Obviously, this is an intent to take away precisely what common law nuisance was intended to cover. Under the definition in SB 508, if you don’t have grounds for an ordinary lawsuit, you can’t bring a nuisance suit.” He continued, “There would be no way to redress aesthetic values, or rights established by custom or habit. It places persons taking initiatives for short-term private gain over those with long-time established interests. It also favors those who would violate legal prohibitions against actions that might injure people in the neighborhood or downstream or downwind. In other words, it advances a ‘cowboy’ attitude in those doing business other than the usual business in an area.”
John Cobb, also of Lewis County, offered, “Among the most basic and fundamental rights we enjoy are property ownership and the ability to be safe, secure and comfortable in our homes. For hundreds of families whose homes are near the Marcellus Shale and other shale drilling activities, compressor stations and the roads to these sites, they can no longer enjoy their homes or their land. Rather that protect the rights of these families, proposed SB 508 strips them of those rights.”
He continued, “You have the right to do what you want on your own property, so long as it does not interfere with the rights of your neighbors and others in the community to enjoy their property. If your activities affect others, they can hold you accountable under nuisance law for violating their private property rights. Nuisance occurs when activity on one property interferes with the enjoyment and use of your property, but no physical trespass or invasion to your property occurs. ‘Nuisances’ don’t stop at the property line. The law of nuisance recognizes that real injuries exist even when the activities do not cause injury to people or property.”
Bond, who is also a retired chemist, observed that legislation designed to benefit the extraction industry ignores economic realities. He said, “Coal is a walking corpse, producing lots of money for a very few and a few jobs, is on the way down. Its waste condemns it to ‘least desirable’ position among familiar fuels, and, in spite of what little regulation the state forces on it, converts thousands of acres of West Virginia to wasteland each year. At least three major coal companies are bankrupt.”
He added, “Unconventional gas and oil drilling are wobbling like a drunken sailor. At best it is a ‘transition fuel’ to renewable sources of energy, and money has been spent, and continues to be spent, like the sailor did while becoming drunk. People in the discovery and production end of the business enjoy bright hope, but have high cost of production, transportation and liquefaction, and ignore huge supplies near the big markets, Europe and China.
Bond concluded, “It is clear some of the state legislators want to reduce cost of extraction by transferring damage done by frackers and strippers to the rural folks living in and near these sacrifice zones. They can’t conceive of any way to improve life in West Virginia other than knuckling down to coal, oil and gas interests, and this new initiative is about the only advantage they can confer, since laws and enforcement are already so favorable to those interests. “
© Michael M. Barrick, 2016
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SB 508 sponsors and contact information
Ryan Ferns, a Republican from Ohio County, is the bill’s primary sponsor. Information about Ferns and the co-sponsors are listed below.
- Ryan Ferns, (R), Ohio County, represents Senate District 1, which includes most of the state’s northern panhandle. He is chair of the Health and Human Resources and Labor committees. Email: email@example.com
- Ron Stollings, (D), Boone County, represents Senate District 7, in the southwestern coal fields. He serves on the Health and Human Resources committee. Email: firstname.lastname@example.org
- Art Kirkendoll, (D), Logan County, represents Senate District 7 with Stollings. He is on the Energy, Industry and Mining committee. Email: email@example.com
- Craig Blair, (R), Berkeley County, represents Senate District 15, which includes much of the eastern panhandle. He is Vice-Chair, Energy, Industry and Mining committee. Email: firstname.lastname@example.org
- Mitch Carmichael, (R), Jackson County and Majority leader, represents Senate District 4, which includes counties in shale fields of central West Virginia near the Ohio River. Email: Mitch.Carmichael@wvsenate.gov
- Jeff Mullins, (R), Raleigh County, represents Senate District 9, which includes southern coalfield counties. He, too, sits on the Energy, Industry and Mining committee. Email: email@example.com
- Corey Palumbo, (D), Kanawha County, represents Senate District 17, which includes portions of Kanawha County, which is home to the state capital of Charleston. He is on the Health and Human Resources committee. Email: firstname.lastname@example.org