Atlantic Coast Pipeline had Very Good Day in US Supreme Court
Yesterday the Atlantic Coast Pipeline (ACP) had its day in U.S. Supreme Court–and by all appearances, it was a very good day indeed. The right of the pipeline to cross the Appalachian Trail is the issue under consideration. In a case brought by environmentalist wackos, the U.S. Court of Appeals for the Fourth Circuit ruled a permit granted by the U.S. Forest Service (USFS) is invalid because the U.S. Park Service manages the trail and according to law, USFS does not have jurisdiction over “lands” owned/managed by the Park Service. In practice such a ruling, if upheld, creates a thousand-mile long barrier across which no pipeline can cross. All of the articles we read about yesterday’s oral arguments before the Supremes indicate a likely decision in favor of the pipeline and against the wackos.
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Oral arguments will be heard this morning beginning at 10 am at the U.S. Supreme Court on a case to decide whether or not the Appalachian Trail will, from now on, block all future pipelines from being installed under it. The case, U.S. Forest Service v. Cowpasture River Preservation Association, will determine whether or not Big Green wins the right to block Dominion Energy’s Atlantic Coast Pipeline (ACP) project from crossing under the Appalachian Trail.
Yesterday Dominion Energy issued its fourth quarter and full-year 2019 update. As part of the update, Dominion’s top brass talked about 2020 and beyond. Of particular interest for us was a bunch of news about the company’s stalled Atlantic Coast Pipeline (ACP) project. In particular, Dominion has purchased a small stake in the pipeline from partner Southern Co. for $175 million. The new price tag for the project has now gone to $8 billion. Even with the delays and setbacks in court, Dominion remains 100% committed to building ACP.
The Lorax Judge strikes again. One year ago the Virginia State Air Quality Board, at the prompting of Gov. Ralph Northam, voted to approve a low-emissions compressor station for Dominion Energy’s Atlantic Coast Pipeline (ACP), to be built about an hour outside of Richmond, Virginia (see 
Dominion Energy’s Atlantic Coast Pipeline (ACP) previously filed a request with the U.S. Supreme Court to overturn a decision by the U.S. Court of Appeals for the Fourth Circuit that judicially creates a new law stipulating pipelines can’t cross under the Appalachian Trail without (no kidding) an Act of Congress. The clown judges of the Fourth Circus (our name for that court) revoked a permit issued by the U.S. Forest Service. A list of 21 business and oil/gas industry groups filed a “friend of the court” brief yesterday supporting ACP, asking the Supremes to reinstate the Forest Service permit for the project.
“Peaker plants” are small electric generating plants that produce electricity for brief periods during high demand. Older peakers were often powered by oil. Newer peakers are powered by natural gas. In early November Dominion Energy floated an RFP (request for proposal) for companies to build a series of peakers (no smaller than 50 megawatts) totaling a combined 1,500 MW to come online beginning 2022 in Virginia. A month later, following criticism from a competitor, Dominion has canceled the RFP…at least for now.
Dominion Energy’s Atlantic Coast Pipeline (ACP) previously filed a request with the U.S. Supreme Court to overturn a decision by the U.S. Court of Appeals for the Fourth Circuit that judicially creates a new law stipulating pipelines can’t cross under the Appalachian Trail without (no kidding) an Act of Congress. The Supremes get 8,000 such requests each year, and accept maybe 80 (or 1%). Lightning struck. The ACP case was accepted by the Supremes in October (see 
A year ago North Carolina’s Republican-controlled General Assembly launched an investigation into a permit issued by Democrat Gov. Roy Cooper’s Dept. of Environmental Quality (DEQ) to allow the Atlantic Coast Pipeline project to get built (see 
Yesterday MDN reported on Dominion Energy’s third quarter update from last Friday, a session in which CEO Tom Farrell commented the company’s commitment to building the Atlantic Coast Pipeline (ACP) is “unwavering” (see 
Dominion Energy has formed a joint venture partnership with Interstate Gas Supply to form Wrangler Retail Gas Holdings. Dominion will, over the next three years, contribute all of its non-regulated retail energy marketing operations to Wrangler under the terms of the agreement. Wranger will operate a non-regulated natural gas retail energy marketing business.
Dominion Energy released their third quarter 2019 update late last week. The company reports earnings of $975 million ($1.17 per share), an increase of 14.2% from the previous year. Dominion, as you may know, is a huge company involved in not only the pipeline business, but the utility business. They generate and deliver electricity to millions of customers. They deliver natural gas to millions of customers. The key issue right now for us with regard to Dominion is the status of their Atlantic Coast Pipeline (ACP) project. CEO Tom Farrell says that ACP is still a go.
Of all the issues that drives us crazy, this one is near or at the top of the list–the charge that building a low-emissions compressor station for Dominion Energy’s Atlantic Coast Pipeline (ACP) about an hour outside of Richmond, Virginia is “racist” because it will be built in a community founded by emancipated slaves following the Civil War. The so-called “environmental justice” issue.