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Victory! Atlantic Coast Pipeline Wins US Supreme Court Case
We finally have a major court victory over the forces of anti-fossil fuel evil, so let’s sit back and soak in the warmth and sunshine of this moment. Yesterday the U.S. Supreme Court delivered a decision we expected, a decision that allows Dominion’s Atlantic Coast Pipeline (ACP), a 600-mile project from West Virginia through Virginia and into North Carolina, to cross under the Appalachian Trail. The decision is not only a victory for ACP, which is only about 6% built, but also a victory for the 303-mile Mountain Valley Pipeline, which is 92% built. MVP also needs to pass under the Trail.
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A coalition of so-called environmental groups (leftist, very radical organizations) filed an official request with the Federal Energy Regulatory Commission (FERC) on Saturday calling on FERC to conduct a supplemental environmental impact statement (EIS) for a project that’s already been studied to death: Dominion Energy’s Atlantic Coast Pipeline (ACP). The once $5.5 billion project (now $8 billion because of delays caused by these nefarious groups) will run from West Virginia through Virginia and into North Carolina.
Dominion Energy issued its first-quarter 2020 update yesterday showing the company had a paper loss (due to impairments) of $270 million in 1Q. Given the company wrote down $2.6 billion worth of assets, losing $270 million on paper seems pretty darned good. Dominion is a BIG company with lots of different businesses. It is a midstream/pipeline company, a power generation company, and a utility delivering power to end-users. Lots of fingers, lots of pies. The one thing we were looking for in this update is new info about the company’s 600-mile Atlantic Coast Pipeline (ACP) from the Marcellus/Utica to Virginia and North Carolina.
A newly passed and signed-into-law bill in Virginia, House Bill (HB) 167, purportedly aims to “protect” electric consumers from shouldering the costs of new pipelines that would feed gas-fired power plants. What the bill actually does is remove freedom of choice for utility companies, driving 
A recent column appearing in a Virginia newspaper shares what it believes is a revelation: When big energy/utility companies like Dominion Energy say they will achieve “net-zero carbon emissions,” they don’t mean they will stop using fossil fuels to create energy. Not by a long-shot. What “zero carbon” or “net-zero carbon” means is that all carbon dioxide (generated when burning natural gas to generate electricity, for example) is captured and used for something else. CO2 is not released into the atmosphere. Even though companies like Dominion are able to capture and reuse CO2, and prevent methane from leaking, it’s STILL not good enough for those who irrationally hate fossil fuels.
Last May MDN told you about JAX LNG in Jacksonville, Florida–a joint project between Pivotal LNG (a subsidiary of Southern Company Gas) and NorthStar Midstream (a pipeline company in the Bakken Shale), touted as the “first” small-scale LNG plant to be located along the shoreline, allowing it to fuel up LNG ships–ships that use LNG as fuel, instead of diesel–and also allowing the LNG to be loaded onto trucks and trains for transportation to power plants and industrial/commercial operators (see 
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.
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.