Category Archives: Certificates of Approval

Petition FERC to Stop Pipeline Construction

The Federal Energy Regulatory Commission (FERC), headed by a three-person voting body, has the power to shut down work for the Atlantic Coast and Mountain Valley Pipelines. With so many ongoing investigations and court cases proving that these projects shouldn’t be built in the first place, there is no excuse for construction to be allowed to continue. But FERC — with a troubling track record of rubber-stamping unnecessary fossil fuel projects — doesn’t do its job without public pressure. So it’s time to dial up that pressure. The Chesapeake Climate Action Network (CCAN) points out that FERC has issued stop-work orders for these two pipelines in the past, and could do so again. But only if we all continue to speak up.

Sign the CCAN petition! Tell FERC to issue stop-work orders for ACP and MVP immediately!

New Rule Will Reduce Future Endangered Species Protections

A new rule that will significantly limit protections for endangered and threatened species under the Endangered Species Act (ESA) was announced by the Trump Administration on August 12, 2009, and will take effect 30 days after its publication in the Federal Register. Note that ESA issues related to the Atlantic Coat Pipeline and the Mountain Valley Pipeline are not impacted by the new rule, as it is only applicable to future listing and delisting of threatened and endangered species.

The Trump Administration says the new rule will ease “the regulatory burden on the American public.” Environmental and conservation groups have a different take:

  •  Undermining this popular and successful law is a major step in the wrong direction as we face the increasing challenges of climate change and its effects on wildlife. – Lena Moffitt, Sierra Club
  • “We are in the midst of an unprecedented extinction crisis, yet the Trump Administration is steamrolling our most effective wildlife protection law. This Administration seems set on damaging fragile ecosystems by prioritizing industry interests over science. – Rebecca Riley, Natural Resources Defense Council
  • “Threatened and endangered fish, wildlife and plants in our national parks already face habitat changes and impacts of a climate crisis that is accelerating each year. Instead of working with Congress and states to better protect and restore wildlife as the climate changes, the Trump administration is reinterpreting the Endangered Species Act to weaken protections. – Bart Melton, National Parks Conservation Association.

In an August 22, 2019 letter to the editor of The Recorder, Robert “Bobby” Whitescarver says, “Representative Leonor Sullivan (D) stated the reason for the law succinctly on July 27, 1973, on the House floor when she introduced the bill: ‘From the most narrow possible point of view, it is in the best interest of mankind to minimize the losses of genetic variations. The reason is simple: they are potential resources. They are the keys to puzzles which we cannot solve, and may provide answers to questions which we have not yet learned to ask.’ In other words, it is not wise to wipe off the face of the Earth a species that could hold the cure for cancer or any number of human ailments. Today, one-fourth of all pharmaceuticals come from, or are derived from, plant and animal material.”

The courts have twice tossed out the permit for allowing the elimination or “taking” of an endangered species or its habitat by Dominion. Whitescarver concludes, “If a bee, a bat, a mussel, or a crustacean can stop Dominion’s pipeline, I’m all for it. I wish the people in its path had as much standing in court as the critters.” With the new ruling, it seems that neither the people in the path nor endangered/threatened species would have any power against the will of for-profit corporations.

Challenge to FERC Certificate Scheduled for October 16 Oral Argument

From ABRA Update 241, August 16, 2019

The challenge to the Federal Energy Commission’s (FERC) approval of the Atlantic Coast Pipeline been scheduled for oral argument on October 16 before the D.C. Circuit Court of Appeals. The plaintiffs are 14 conservation groups, including several ABRA members, that are represented by the Southern Environmental Law Center (SELC) and Appalachian Mountain Advocates. The petitioners argue that FERC’s Environmental Justice Impact Statement is fatally flawed. Members of the 3-judge panel hearing the case will be announced in mid-September.

Read more about the case in our earlier post, FERC and ACP File Response Briefs in Challenge to ACP Certificate.

New Lawsuit Launched Against MVP

The following press release from the Sierra Club announces the lawsuit against the Mountain Valley Pipeline filed on August 12, 2019.

Monday, August 12, 2019
Contact: Doug Jackson, Sierra Club, (202) 495-3045 or doug.jackson@sierraclub.org
Jared Margolis, Center for Biological Diversity, (802) 310-4054, jmargolis@biologicaldiversity.org

RICHMOND, Va. — Conservation groups today launched a lawsuit challenging the U.S. Fish and Wildlife Service’s approval of the Mountain Valley Pipeline (MVP). The petition for review of the project was filed with the Fourth Circuit Court of Appeals in Richmond.

The Fish and Wildlife Service, which administers the Endangered Species Act, issued an opinion that allowed the pipeline to move forward — despite its serious threats to endangered species. The agency failed to accurately measure the pipeline’s impacts on endangered wildlife like the iconic Roanoke logperch and failed to set limits for how many threatened and endangered bats can be harmed or killed.

The lawsuit seeks to vacate the Service’s decision and force the agency to re-evaluate the project’s impact. The groups argue that construction on the already-foundering pipeline should stop until that process is complete.

Today, the groups also sent a letter to the agency requesting that it stay the biological opinion and incidental take statement pending court review. The species at issue include the Roanoke logperch, Indiana bat and Northern long-eared bat. The suit was filed by the Sierra Club on behalf of Wild Virginia, Appalachian Voices, Preserve Bent Mountain/BREDL, Defenders of Wildlife, Center for Biological Diversity, and Chesapeake Climate Action Network.

Additionally, MVP does not have Clean Water Act authorization to cross streams and wetlands from the Army Corps, and does not have necessary U.S. Forest Service and Bureau of Land Management authorizations.

In response, Sierra Club Staff Attorney Elly Benson released the following statement:

“The fracked gas Mountain Valley Pipeline puts several endangered species in harm’s way, while serving only to line the pockets of polluting corporations. MVP has proven it can’t build this unnecessary pipeline without devastating streams and rivers, as well as the forest habitats of Appalachia. The public should be able to trust that the U.S. Fish and Wildlife Service is making protection of endangered species its highest priority, but it fell short of that obligation here.”

David Sligh, Conservation Director for Wild Virginia stated:

“The U.S. Fish and Wildlife Service, like numerous other government agencies tasked with protecting the public and our resources, failed to do its job. Citizens cannot and will not accept actions that endanger the future of some of our rarest and most precious wildlife species. This destructive pipeline has already caused great damage to the environment and the public and it must be stopped before that damage gets worse.”

Roberta Bondurant, Preserve Bent Mountain/BREDL, said:

“Our mountain communities continue to witness MVP ravage the forest, field, stream and wetland sanctuaries of species that have supposedly been protected by federal law. We ask USFWS and the courts to do no more—and no less—than uphold that law through a critical review of the Biological Opinion. At best, the writers of that document ignored evidence of MVP construction as a threat to species survival—survival which will ultimately implicate our own.”

Anne Havemann, General Counsel for the Chesapeake Climate Action Network, stated:

“The U.S. Fish and Wildlife Service has proven its carelessness in forcing through a permit for the similarly destructive Atlantic Coast Pipeline. We have seen this same carelessness in the Service’s permit for the Mountain Valley Pipeline. This pipeline has already wreaked havoc on the landscape; it must not be allowed to continue to jeopardize the existence of our invaluable endangered species.”

Jared Margolis, Center for Biological Diversity senior attorney, said:

“This pipeline is a major threat to the Roanoke River system and the people and imperiled species that rely on it. Regulators can’t keep shrugging off the environmental harms of pipeline projects. We need to stop destroying habitats and waterways for fossil fuels that are driving the climate catastrophe.”

Jason Rylander, Senior Endangered Species Counsel for Defenders of Wildlife, said:

“The Mountain Valley Pipeline poses an enormous threat to the fish, wildlife, forests, and people in its path. The Trump administration and the U.S. Fish and Wildlife Service fast-tracked this project and failed to properly evaluate its impact on imperiled species. The Service needs to reconsider its biological opinion and further construction of this environmentally destructive project should cease before iconic species and landscapes are lost forever.”

Proposed Rule Changes Could Fast Track Pipelines

The EPA plans to rewrite the Clean Water Act, limiting the amount of time states and tribes may take to review new project proposals, and allowing the federal government to override states’ decisions to deny permits for projects in some situations. The change was announced by the EPA on August 9, 2019, and follows on an April executive order from President Donald Trump.

See detailed coverage of the story by Inside Climate News and Utility Dive.

Bradley Campbell, president of the Conservation Law Foundation, is quoted in the Inside Climate News article, saying, “This proposed rule change would hobble the most important tool that states have to protect significant waters, from prized trout streams to essential drinking water sources.”

DEQ Issues Stop Work on 2-Mile Section of MVP

Following is a statement issued by the Virginia Department of Environmental Quality on August 2, 2019.

Contact: Ann Regn, 804-698-4442, Ann.Regn@DEQ.Virginia.gov

DEQ ISSUES STOP WORK ON APPROXIMATELY TWO-MILE SECTION OF MOUNTAIN VALLEY PIPELINE

All ongoing clearing, grading and trenching must stop in this designated area

RICHMOND, Va. – The Virginia Department of Environmental Quality (DEQ) has issued a stop work instruction to Mountain Valley Pipeline, LLC (MVP). The instruction is based on issues identified during DEQ inspections that cite insufficient erosion and sediment controls on approximately a two-mile section of the project in Spread H in Montgomery County.

Based on a DEQ inspection conducted on Thursday, Aug. 1, the agency has determined that an imminent and substantial adverse impact to water quality is likely to occur as a result of land-disturbing activities. Specifically, MVP has failed to construct and maintain erosion and sediment control or pollution prevention measures in accordance with approved site-specific plans and/or the erosion and sediment control measures that have been installed are not functioning effectively and MVP has not proposed any corrective action.

Work in this section will be suspended until these corrective actions are installed and approved by DEQ through field inspection and verification. MVP must stop all land disturbing activities in this area including clearing, grading and trenching activities in the designated area. The only activity currently authorized in this area is work necessary to install and maintain erosion control devices as required by the approved site-specific erosion and sediment control plans, and the annual standards and specifications.

“We are appalled that construction priorities and deadline pressures would ever rise above the proper and appropriate use of erosion control measures,” said DEQ Director David Paylor. “DEQ will continue to monitor and inspect all ongoing work to ensure continued compliance and protection of Virginia’s natural resources.”

For more information and the full stop work instruction, visit www.DEQ.Virginia.gov/MVP

Press coverage in the Roanoke Times is here. The Roanoke Times article says, “Environmental advocate Russell Chisholm said in a release that he was ‘appalled’ that the company’s skimping on control measures to advance the project surprised the DEQ. Citizens have repeatedly reported similar lapses in permit compliance for at least a year.”    His statement noted that “In response to citizen reports, ‘those in positions of power chose to ignore our calls for real, meaningful enforcement through a stop work order and instead allowed MVP to work despite several missing federal permits, a pending lawsuit for violations, and at least 35 Notices of Violation in West Virginia.'”


An additional blow to MVP on August 2, 2019, came from federal district court Judge Elizabeth Dillon, who denied the pipeline company’s request for an order removing tree sitters on the route.  See Jonathan Sokolow’s report.