Category Archives: Environmental Impact

Ten Reasons to Oppose the ACP

Here are 10 reasons why Friends of Nelson opposes the Atlantic Coast Pipeline. In the coming weeks we will be posting expanded information on each of the 10 reasons. We hope this information will help clarify your thinking and help you to explain to family, friends, neighbors, and legislators why you oppose the ACP. (Click here to download a printable version of the list.)

1. No Demand or Need
With evidence of reduced future demand and with recent upgrades to existing pipelines, energy analysts argue that there is no need domestically for the Atlantic Coast Pipeline. Additionally, foreign demand for this gas is better satisfied by nearer sources which can be produced and delivered at a lower cost.

2. Climate Change Implications
Gas pipelines leak methane gas and their compressor and metering stations regularly release methane and other harmful pollutants. The ACP will therefore significantly contribute to climate change.

3. Cost Burden on Ratepayers
The pipeline’s almost $8 billion construction cost will eventually mean rate increases for all Dominion customers as they will have to foot a large part of the ACP cost, regardless of whether it is put into service or not.

4. Discourages Utility Investment in Alternatives
The ACP’s possible construction and its huge capital investment cost will discourage utilities from promoting and developing non-fossil fuel, increasingly cost-effective alternatives such as wind and solar.

5. Eminent Domain Seizures of Private Property
Through the imposition of Eminent Domain, the proposed route confiscates and restricts Nelson landowners’ property rights, lowering their own and adjoining neighbors’ property values.

6. Landslide Danger on Steep Slopes
The proposed construction and placement of the pipeline endangers Nelson citizens’ lives and property, especially on steep slopes which are highly susceptible to landslide failures. Note that ruptured pipelines are likely to explode.

7. Disproportionate Harm to Minority Communities
The ACP will specifically harm the historic African American community of Union Hill by locating a dangerous and polluting compressor station in its midst.

8. Containment Failures Impact on Streams and Drinking Water
As recently demonstrated with the Mountain Valley Pipeline, construction of the ACP will, despite promised containment safeguards, silt up mountain and valley streams, affecting local drinking water and aquatic life.

9. Forest Fragmentation and Effects on Endangered Species
The ACP’s construction will further fragment our vulnerable eastern forests, reducing the habitat and population of Federally-listed endangered species. Such activity could potentially cause their extinction.

10. Detracts from Scenic Views on Public Lands
The pipeline corridor will detract from scenic views on the Blue Ridge Parkway, the Appalachian Trail and National Forest Lands. One of the most prominent viewing locations is at the Parkway’s Raven’s Roost overlook.

Fish and Wildlife Service Redrafting New Permit

From Allegheny-Blue Ridge Alliance’s ABRA Update #256 for December 12, 2019:

The biological opinion and taking statement issued for the Atlantic Coast Pipeline (ACP) by the U.S. Fish and Wildlife Service (FWS), and twice struck down by the Fourth Circuit Court of Appeals (most recently in July of this year), is once again on the drawing boards. Dominion Energy and FWS have begun consultations required under Section 7 of the Endangered Species Act (ESA). According to minutes released this week of an October 22 meeting between officials with Dominion, Duke Energy, FWS staff and the Federal Energy Regulatory Commission (FERC), the status of recent surveys that have been conducted on endangered species that would be affected by the ACP was reviewed. It was indicated that two species that were listed under the ESA since FERC’s approval of the ACP – the yellow land and candy darter – will be included in the new assessment.

Construction on the ACP was halted in December of last year because of questions raised in the Fourth Circuit decision vacating the latest FWS biological opinion. FERC has indicated that it will not approve the resumption of ACP construction until there is a valid biological opinion.

Send Comments to DEQ

The Commonwealth of Virginia is proposing to enter into a judicial consent decree with Mountain Valley Pipeline LLC to settle certain alleged violations of the Commonwealth’s environmental laws and regulations related to construction activities in Craig, Franklin, Giles, Montgomery, Pittsylvania and Roanoke Counties, Virginia (Case No. CL18006874-00 in Henrico County Circuit Court).  The consent decree will require the payment of $2.15 million penalty, put MVP under stricter court-ordered compliance, and enhance Virginia’s ability to detect any future violation, allowing for faster, more effective accountability and environmental restoration and protection.

Written comments on the proposed consent decree will be accepted from October 28, 2019, through November 27, 2019, and should be submitted to mountainvalleypipeline@deq.virginia.gov or by postal mail to Room 2253-A, Department of Environmental Quality, P.O. Box 1105, Richmond, Virginia 23218, or hand-delivery by close of business to Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, Virginia 23219.

New Study Highlights Negative Water Quality Impacts of Pipeline Projects

From Allegheny-Blur Ridge Alliance ABRA Update #250, October 24, 2019:

A new study commissioned by Trout Unlimited concludes that the impact on water quality of several natural gas pipeline projects in the Appalachian region is profound, even when care is taken to minimize impacts. Pipeline Impacts to Water Quality, prepared by Downsteam Strategies, a West Virginia environmental research firm, examined the construction of four pipeline projects: Mountain Valley Pipeline (MVP) and WB Xpress Pipeline (WBX) in West Virginia and Virginia, the Rover Pipeline in West Virginia and Ohio, and the Mariner East II Pipeline in Pennsylvania. The most significant water quality problems were caused by inputs of sediment-laden water to streams.

In commenting upon the sediment pollution caused by the MVP and WBX, the study notes, “Most of the routes for these two pipelines cross mountainous terrain characterized by steep slopes, headwaters streams, and highly erodible soils. Reasons for failure of erosion and sedimentation controls that led to sedimentation in waterways were notably improper installation and lack of maintenance of the structures.”

Notable recommendations in the study include “requiring site-specific stormwater plans for all stream and wetland crossings, encouraging companies to complete construction projects in shorter sections, and increasing regulatory inspections at the expense of the pipeline companies.”

Both Fine and Stay for MVP

On Friday October 11, 2019, in a consent issued by Henrico Circuit Court, Mountain Valley Pipeline agreed to pay $2.15 million to resolve the lawsuit by Virginia regulators that accused it of repeatedly violating environmental standards during MVP construction. The suit was filed in December 2018 for “violations of the commonwealth’s environmental laws and regulations at sites in Craig, Franklin, Giles, Montgomery, and Roanoke Counties.”

The agreement requires the company to submit to court-ordered and supervised compliance with regulations meant to curb sediment and erosion and stipulates automatic fines for further violations. It further stipulates that “MVP, at its expense, shall retain a third-party Environmental Auditor to provide on-site monitoring of instream invertebrate and fisheries resources during all construction activity related to waterbody and wetland crossings and document instream conditions and any impacts to the resources.” Depending on the event, fines of anywhere from $500/day to $26,000 may be levied immediately for future violations.

Later the same day, the U.S. Court of Appeals for the Fourth Circuit put a hold on two permits, the Biological Opinion and Incidental Take Statement, permits the MVP needs to proceed with construction activities. According to the Sierra Club press release, the Court’s announcement effectively means construction must stop on the 300-mile project.  On October 15, FERC wrote to MVP, saying in part, “While next steps are determined, Mountain Valley is hereby notified that construction activity along all portions of the Project and in all work areas much cease immediately, with the exception of restoration and stabilization of the right-of-way and work areas, which Commission staff believes will be more protective of the environment, including listed species, than leaving these areas in an unstable condition.”

Speaking of the FERC order, David Sligh, Conservation Director for Wild Virginia said:  “The command that Mountain Valley cease all construction immediately is appropriate and necessary to meet the law. However, FERC has previously allowed work that is clearly construction to be done under the guise that it is ‘stabilization.’ The Commission must now act responsibly and clearly prohibit all activities that are not absolutely necessary to protect the environment. FERC must no longer play deceptive games that allow further destruction from a project that cannot protect our resources and may never be completed.”