Category Archives: Eminent Domain

Blast Zone


Blast Zone – Natural Gas and the Atlantic Coast Pipeline: Causes, Consequences and Civic Action is a new report from the Rachel Carson Council. In addition to naming and exploring the economic and political systems underlying fracking and the ACP, Blast Zone highlights organizations, businesses, and campuses working in interconnected ways toward reducing greenhouse gas emissions at the source, restoring equity, and putting decision-making in the hands of communities.

The report discusses:

  • Natural gas: current and future trends (including the “bridge fuel” myth)
  • Fracking in the Marcellus and Utica Shale Basins
  • The Atlantic Coast Pipeline (including the power behind it, industry motives, what’s paving the way, and the ACP and the environment)

And the report includes an entire set of “Toolboxes” for fighting the ACP:

  • Policy Toolbox: Our Power Plan
  • Housing Toolbox: Efficient, Affordable, Durable Investments
  • Voter’s Toolbox: Supporting Fossil-Free Leaders
  • Campus Toolbox: Research and Advocacy for the Public Interest
  • Advocacy Toolbox: Eliminating Fracking Dangers
  • Financial Toolbox: Divest and Reinvest
  • Property Rights Toolbox: Challenging Eminent Domain
  • Lobbying Toolbox: Re-envisioning FERC
  • Policy Toolbox: Water Quality Permits
  • Civil Rights Toolbox: Driving Racial and Social Justice
  • Direct Action and Advocacy Toolbox

Easily understandable graphs and charts, along with photographs (many you’ll recognize) help to make the points in this clear and thoughtful report.

Dividing Line: the ACP Will Change the Lay of Our Land

The cover story in the C-ville issue for September 6-12, 2017, Dividing Line: the ACP Will Change the Lay of Our Land, is a lengthy and carefully researched article on ways in which the proposed ACP, despite assertions to the contrary by Dominion and Duke Energy, would change forever the lay of the land along its route. The article includes extended interviews with Richard Averitt, Nancy and David Schwiesow of Wintergreen, and Ernie Reed, along with comments by C-ville Rising’s Lee White and pipeline supporter Carlton Ballowe. There are photographs and a large map, plus a set of questions, each answered (quite differently, as one might imagine!) by both Dominion’s Aaron Ruby and Southern Environmental Law Center attorney Greg Buppert.

Landowners Sue FERC to Stop Eminent Domain by ACP and MVP


FOR IMMEDIATE RELEASE

Contact:
Carolyn Reilly, Bold Alliance, 540-488-4358, carolyn@boldalliance.org
Ernie Reed, Friends of Nelson, 434-249-8330, lec@wildvirginia.org
Carolyn Elefant (landowners’ attorney), 202-297-6100, carolyn@carolynelefant.com

Landowners Sue Federal Energy Regulatory Commission to Stop Eminent Domain by Atlantic Coast and Mountain Valley Pipelines

Press conference Wednesday morning outside FERC offices to feature landowner-plaintiffs and their attorney, and regional organizers

Washington, D.C. — Landowners whose farms and homes are in the path of the proposed Atlantic Coast and Mountain Valley fracked gas pipelines will hold a press conference on Wednesday outside the D.C. offices of the Federal Energy Regulatory Commission (FERC), to announce their filing of a lawsuit against FERC to end the abuse of eminent domain for private gain for fracked gas pipelines.

The lawsuit, filed Tuesday in Washington D.C. federal district court, on behalf of 57 Landowners, Bold Alliance and Friends of Nelson, challenges the constitutionality of the eminent domain provisions of the Natural Gas Act, and seeks to end the unconstitutional and unconscionable process of taking citizens’ private property via eminent domain for a corporation’s profits — and not for “the public good” as the Constitution intended.

The lawsuit targets FERC’s encouragement of pipeline companies to negotiate easement agreements with landowners in advance of the agency’s issuance of a “certificate of need,” which results in “irretrievable commitment of resources” to a particular route prior to a formal decision, and absolves the Commission of its responsibility to actually determine whether a proposed project is needed.

“FERC’s policy of encouraging pre-certificate easement negotiations between impacted landowners and the pipeline impermissibly biases the outcome of the certificate approval process, because FERC views pipeline proposals more favorably when the company has acquired most of the easements by negotiation,” the lawsuit states. “In so doing, FERC emboldens private companies to abuse eminent domain rights by duping landowners into signing an easement agreement by threatening them with eminent domain powers that the company does not have, or by refusing to agree to any protective measures in advance of construction until the landowner agrees to sign an easement, often for constitutionally inadequate compensation.”

The lawsuit also specifically challenges FERC’s issuance of “conditioned certificates” — which authorize a taking of property rights that are not, and may never be, necessary to construct the proposed project; and “blanket certificates” — which inappropriately grant a private company eminent domain power coextensive with that of the state, and strip future aggrieved landowners of their rights to formal administrative procedures.

Under the current regulatory regime, landowners are left without a forum to challenge eminent domain abuses. Meanwhile, virtually anything goes — with certificates conferring eminent domain issued by FERC to pipelines that do not serve a public use, but instead, facilitate gas for export or create opportunities for pipelines to monopolize the market for input to gas and electricity utilities, to be distributed in markets controlled by the pipeline’s affiliates.

Plaintiffs in the lawsuit include Bold Alliance, Friends of Nelson, 26 individual landowners on the proposed Mountain Valley Pipeline route and 31 landowners on the proposed Atlantic Coast Pipeline route in West Virginia, Virginia and North Carolina. Plaintiffs include 14 Nelson County landowners and others in Augusta and Bath Counties. Defendants include FERC, and, respectively, Atlantic Coast Pipeline backers Dominion Resources, Duke Energy, Piedmont Natural Gas and AGL Resources; and Mountain Valley Pipeline backers EQT Midstream Partners, LP; NextEra US Gas Assets, LLC; Con Edison Transmission, Inc.; WGL Midstream; and RGC Midstream, LLC.

View the full text of landowners’ lawsuit online at: https://www.scribd.com/document/358098979/Landowners-vs-FERC

WHAT: Press Conference With Landowners Suing FERC Over Eminent Domain
WHO: Landowners’ attorney Carolyn Elefant; Bold Alliance’s Carolyn Reilly (also a landowner on the proposed MVP route); Ernie Reed (Friends of Nelson) and landowners on the proposed ACP and MVP routes.
WHEN: Wednesday, September 6, 11:00 a.m. – 12:00 p.m.
WHERE: Federal Energy Regulatory Commission (FERC), 888 1st St NE, Washington D.C.

Pipelines: Where Even Conservatives Support Eminent-Domain Abuse

A National Review opinion piece by Friends of Nelson Board member Doug Hornig discusses why conservatives, usually staunchly protective of property rights and opposed to eminent domain, are quietly ignoring use of eminent domain when it comes to the proposed Atlantic Coast Pipeline.

“Here a huge, constitutionally critical question that puts the basic Jeffersonian idea of property rights to the test: Does the government have the right to cede the power of eminent domain itself to a corporate entity? One would think the proper American answer would be a resounding no. But no current Virginia officeholder has stood up to Dominion on this matter. Among challengers in this year’s elections, the only opposition has come from the left. Conservatives are uniformly, and depressingly, sitting on the hands with which they’ve eagerly taken campaign donations. … [T]he silence of the politicians, and especially conservatives, is shameful. We should be united in pushing back against governmental overreach.”

Read the full article here.