Virginia AG Sues Mountain Valley Pipeline re “300 Violations”
Virginia Attorney General Mark Herring, a liberal Democrat, has filed a lawsuit against Mountain Valley Pipeline alleging the project has violated Virginia environmental regulations some 300 times. You know, things like workers throwing candy wrappers and cigarette butts on the ground. The AG filed the lawsuit “on behalf of Department of Environmental Quality Director David Paylor and the State Water Control Board.” Since when does allegedly violating certain low-level regulatory standards become a matter of concern for a state attorney general? Apparently AG Herring doesn’t have enough to do. His action smacks of political persecution, no? Someone trying to curry favor with radical leftists in order to launch his own bid for governor some day? That’s exactly what’s going on. Yet another Democrat abusing his office to feather his own political nest. Disgusting.
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In early October MDN reported that the U.S. Court of Appeals for the Fourth Circuit had “vacated” (canceled, overturned) a permit issued by the U.S. Army Corps of Engineers in West Virginia that would allow Mountain Valley Pipeline (MVP) to use a more environmentally friendly form of crossing four rivers in the state than is technically allowed under federal Clean Water Act regulations (see 
As of today, EQT Midstream, a division of EQT (the driller), is no more. In its place is Equitrans Midstream Corporation–a completely new, standalone company that is no longer tied to, nor a part of, EQT. The changeover happened at 11:59 pm Eastern time last night. Today is the first full day of a new era for EQT and its former midstream division. Thomas F. Karam is president and chief executive officer of the new Equitrans Midstream. What led to the split between EQT (the driller) and EQT (the midstream company)? We’ll explain.
We’ve covered, it seems endlessly, news about two important new pipeline projects coming in the Marcellus. One is EQT Midstream’s (now Equitrans Midstream) Mountain Valley Pipeline (MVP), a 303-mile pipe from West Virginia to southern Virginia. The other is Dominion Energy’s 600-mile Atlantic Coast Pipeline (ACP), from West Virginia through Virginia and into North Carolina. MVP will, when it’s done, carry 2 billion cubic feet per day (Bcf/d) of natural gas to southern markets, and ACP will carry 1.5 Bcf/d. Both pipelines chart a similar path south. And both pipelines are now stalled, dogged by frivolous lawsuits filed by so-called environmental groups. Both have announced delays for their final completion dates. Our friends at RBN Energy look in detail at both projects, and what a delay may mean for drillers in the Marcellus/Utica. Are more pipeline constraints on the way in our region?
It would be great when you are drilling a well, or building a pipeline, that when a state government inspector swings by to check up on the project, they don’t spot any problems. Especially for big projects like pipelines that run hundreds of miles. It would be nice, but not reality. Something always happens here and there. Unforeseen. Like weather with torrential rain, resulting in runoff from a ditch you just dug. The inspector swings by the next day and notices water and dirt where it’s not supposed to be, and voila, a “notice of violation” (NOV) is issued. It happens. That’s the way the world works. For Mountain Valley Pipeline (MVP) and Atlantic Coast Pipeline (ACP), both with segments in West Virginia, NOVs have been and no doubt will continue to be issued. How many NOVs would you imagine have already been issued for each project in WV? How many is “too many” and indicates the project builders are being sloppy?
EQT Midstream, which is about to be renamed to Equitrans Midstream Corp. in a few weeks, recently issued its third quarter 2018 update (same day that EQT the driller issued its update). As you know, the two are about to split and become two independent companies. As part of the EQT Midstream update, the new midstream company leaders spoke about Mountain Valley Pipeline (MVP), a 303-mile pipeline from West Virginia into southern Virginia. MVP has experienced a lot of setbacks, most of them from a campaign of lawsuits filed by Big Green organizations (like the odious Sierra Club). A new pipeline project related to MVP was mentioned prominently in this week’s quarterly update. The pipeline is called Hammerhead.
A group of 13 landowners in Virginia whose property was force taken by Mountain Valley Pipeline (MVP) using eminent domain is appealing a case they already lost in federal court to the U.S. Supreme Court. The landowners claim MVP has taken private land–their land–to use for private/corporate gain and not (as the law requires) taken for a “public” benefit. Eminent domain allows the taking of private land for public benefit, but not taking private land for private benefit. The issue really revolves around the question of, What is a public benefit? Can a private company use government powers because what they provide benefits the public? The big question is, will the Supreme Court, which gets some 8,000 such appeals each year, make this appeal one of the 80 or so they consider?
Although EQT Midstream’s 303-mile Mountain Valley Pipeline (MVP) project has experienced a number of legal and regulatory setbacks and is currently blocked from constructing pipeline across/under/near any river, stream, or wetland in all of West Virginia and all of Virginia (some 1,100 different locations), believe it or not there are still many places where MVP can and is still installing pipeline (see 
Although EQT Midstream’s 303-mile Mountain Valley Pipeline project has experienced a number of legal and regulatory setbacks and is currently blocked from constructing pipeline across/under/near any river, stream, or wetland in all of West Virginia and all of Virginia, there are still places where MVP can build (see 
We thought that all of Mountain Valley Pipeline’s (MVP) permits issued by the U.S. Army Corps of Engineers for stream and wetland crossings had been pulled in both West Virginia and Virginia, but alas, no. One of the regions where permits issued by the Army Corps (called NWP 12 permits), in the northern panhandle of WV, is issued by a different Army Corps district office (in Pittsburgh). That office has now revoked MVP’s permits in Wetzel and Harrison counties–another 59 stream and 62 wetland crossings. Which now makes it complete: MVP cannot engage in any construction across/under/near any river, stream, or wetland in *all* of WV and *all* of VA. That is, until they get the NWP 12 permit reworked and reissued.
Mountain Valley Pipeline, a project of EQT Midstream, continues to work on constructing its 303-mile long project from West Virginia into Virginia–despite a recent court order overturning some of the permits for the project (see