Virginia

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    FERC Won’t Extend Atlantic Coast Pipeline Tree Cutting Deadline

    Two weeks ago Dominion Energy asked the Federal Energy Regulatory Commission (FERC) for permission to extend tree cutting/felling season by an extra 45 days, from March 31 to May 15, in West Virginia, Virginia and North Carolina (see Atlantic Coast Pipe Asks FERC for More Time to Cut Trees). Due to restrictions for species like the threatened Indiana bat, tree cutting season is limited–from November 16 to March 31. ACP said it couldn’t meet the March 31 deadline due to a late start following state bureaucratic delays. In a presentation Dominion gave to North Carolina environmental officials a few months back, the company said if “we cannot start [pipeline construction] in time to ensure a full and efficient construction season and have to delay service by one year, the impact would be $1 billion.” Dominion maintains that worst case scenario has not yet happened. Following the FERC decision to deny extending the date for tree cutting, Dominion said they’ll shift things around and can still meet their contractual deadline of getting ACP up and running by the end of next year…
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    MVP Pipeline Cleared to Begin Building Pipeline in Virginia

    In January, MDN reported that Mountain Valley Pipeline (MVP)–a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA–had received permission from the Federal Energy Regulatory Commission (FERC) to begin tree clearing and construction of access roads and construction yards in five West Virginia counties (see Mountain Valley Pipe Gets FERC Approval to Begin WV Construction). That was MVP’s very first permission to begin construction-related activities. It was the trickle. The flood gates burst open in February when FERC issued four new orders granting MVP permission to continue not only tree clearing and building roads, but also to begin construction of the actual pipeline itself in WV, and tree clearing/preliminary construction activity in VA (see FERC Grants MVP OK to Begin Pipeline Construction in Virginia & W.V.). The activity in VA was in just one county (Giles) and in one location. MVP still could not construct pipeline in VA pending required state permits. The situation in VA fundamentally changed this week. On Monday, the VA Dept. of Environmental Quality (DEQ) issued erosion, sediment and storm water control permits for the project–meaning actual pipeline construction can now begin. And yesterday, FERC granted MVP permission to construct pipeline not only in Giles, but also in Craig, Montgomery and Roanoke counties. MVP is now fully authorized in VA and there’s no stopping it…
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    WV Judge Refuses to Eject Tree Sitters Blocking Pipeline Work

    If the so-called “tree sitters” in Jefferson National Forest who are trying to block tree cutting for the Mountain Valley Pipeline (MVP) get themselves hurt, Monroe County Circuit Court Judge Robert Irons will be the one to blame. Well actually, the protesters can blame themselves (they’re idiots), but Irons is certainly complicit. On Tuesday Judge Irons refused to grant MVP a court order to remove the radical protesters. Apparently they are 7 feet outside of the right of way zone for tree felling. Have you ever cut a big tree down? Trees don’t care if they fall 7 feet this way or 7 feet that way when they fall. MVP wants to ensure the protesters don’t get hurt, and wants them gone before they cut trees near them. But because the radicals technically, according to the judge, are not in the actual right of way, they can stay up the trees where they’ve been for the past 25+ days. There are two suspended tree houses (platforms), held in the trees with ropes. Up to seven people have been living in the two magic tree houses, eating, breathing and defecating up in the trees (harming the environment they profess to be protecting). MVP technically has a deadline of March 31 to fell trees along the path of the pipeline. We suspect MVP has a Plan B for this segment where the loons have perched themselves up a tree. We predict sitting up a tree will get old sooner or later–and MVP can wait them out…
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    Virginia Governor Moves to Bypass FERC in Regulating Pipe Projects

    Virginia Governor Ralph Northam

    Not until a few years ago when the corrupt Andrew Cuomo decided to block federally approved pipeline projects like the Constitution, and then Northern Access, did the issue of states rights verses the rights of the federal government come into sharp focus with respect to pipeline projects. At its core, it is an age-old issue. During the founding of our country the early leaders wrestled with how much control a federal government should have. We have a Bill of Rights (and a Constitution) specifically to LIMIT how much control the federal government exercises over the individual states. We support a very limited federal government. However, the founders recognized there will be times when the interests and “rights” of states clash with the federal government, and with other states. How to break a tie when deciding competing interests? Perhaps not in their wildest dreams would the founders have foreseen things like interstate highways, high tension electric lines, and yes, natural gas pipelines. Through the years our country has innovated a system based on the original founders’ vision, using agencies like the Federal Energy Regulatory Commission to oversee the permitting and permissioning of infrastructure projects like pipelines. What happens if several states want and need gas from a pipeline, but a single state stands in the way and blocks it, denying the citizens of other states the benefit of that gas? That’s why FERC was created–to referee such “wisdom of Solomon” situations. New York plunged us down the slippery slope of overturning long-established law with their lawless action in blocking FERC-permitted pipelines. Other states noticed and are now trying it themselves (like Massachusetts). The latest state to take a stab at assuming powers it doesn’t legally possess is Virginia, under a Democrat governor who plans to pass legislation that can willy nilly stop construction of federally approved pipelines like Dominion’s Atlantic Coast Pipeline…
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    Praying Against the Mountain Valley Pipeline in Virginia

    When was the last time you read a news story about 50 people gathering to pray…*against* an infrastructure project? Ever see or read a news story about people gathered to pray against a new highway being built? What about people who pray against construction of a new bridge? Or maybe those who pray against a new high-tension electric line coming through the area? We’ve never heard of or read any of those kinds of stories. Ever. So why does Virginia Public Radio feel compelled to publish a story about 50 people gathering to pray against the Mountain Valley Pipeline? What about the 5,000 people who live in the same area who are just fine with the pipeline? Do you think they might deserve a story too?…
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    Atlantic Coast Pipe Asks FERC for More Time to Cut Trees

    Dominion Energy’s $6.5 billion Atlantic Coast Pipeline (running from West Virginia through Virginia and into North Carolina) is supposed to get built this year. ACP began to cut trees along the pipeline’s path in late January (see Atlantic Coast Pipeline Begins Cutting Trees in WV & VA (Not NC)). ACP chainsaws have been busy since that time. Due to restrictions for species like the threatened Indiana bat, tree cutting season is limited–from November 16 to March 31. ACP says it won’t be done by March 31 and is asking the Federal Energy Regulatory Commission (FERC) for permission to continue clearing trees in WV, VA and NC until May 15th. Antis are making loud noises that FERC should deny the request. What will FERC do? If they don’t grant permission, ACP will be delayed–perhaps by a year…
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    Big Green Makes Desperate Attempt to Stop Atlantic Coast Pipe

    Big Green groups opposed to Dominion Energy’s $6.5 billion (up from $5 billion due to delays) Atlantic Coast Pipeline (ACP) from West Virginia through Virginia and into North Carolina are about out of options in their holy mission to stop the project. They’ve tried multiple lawsuits, protests, bullying state environmental agencies–the whole bag of nasty tricks. And yet ACP is now under construction. What’s left to try to stop it? The Southern Environmental Law Center and Appalachian Mountain Advocates, on behalf of a mishmash of second tier radical groups, have filed a “hail Mary” request with the Fourth Circuit Court of Appeals to stop construction of ACP until a lawsuit sitting before the Fourth Circuit questioning the validity of the permits granted for the project is played out. In other words, back to the tried-and-true playbook: delay, delay, delay–until eventually you deny…
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    Federal Judge Grants MVP Eminent Domain, Affects 300 Landowners

    Last Friday a judge for the U.S. District Court for the Western District of Virginia granted Mountain Valley Pipeline (MVP) the right to enter and construct the pipeline on properties of landowners who have refused to negotiate a right-of-way across their land. There are nearly 300 landowners who have refused to deal with MVP–and their time is now up. Instead of getting a higher price for leasing their property, MVP will first build and later let a court determine how much money the landowners will receive. The courts almost always determine amounts lower than could have otherwise been negotiated between the landowner and the pipeline company. Oh well. Some folks have to learn the hard way…
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    Pittsylvania County VA Board Approves Mountain Valley Pipe Rezoning

    Uncommon common sense can be found among county leaders in Pittsylvania County, Virginia, who approved a rezoning request last night for the Mountain Valley Pipeline (MVP)–a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County. Although the entire path for MVP is important, there are two places where the pipeline’s path is critical and cannot be moved. One of those points is where it starts–and the other where it ends and connects to the mighty Transco. Pittsylvania County is where MVP ends–and where it can’t be moved. There many (many!) people who spoke out against MVP in various county hearings. Here’s where the uncommon common sense was exhibited. In speaking about those who railed against the pipeline, Pittsylvania Supervisor for the Westover District, Ron Scearce, said this: “One thing that’s surprising to me with all of this [opposition] is that there has not been one county resident who was affected by the project who spoke [against it].” Scearce gets it. A very vocal minority of environmental zealots, dedicated to defeating any fossil fuel project, are the ones who show up and speak out. The people across whose land the pipeline will run? They’re fine with it. Scearce and the other supervisors voting last night were not fooled by the tactics of the enviro-left. The property was rezoned to allow MVP by a UNANIMOUS vote…
    Read More “Pittsylvania County VA Board Approves Mountain Valley Pipe Rezoning”

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    FERC Grants MVP OK to Begin Pipeline Construction in Virginia & W.V.

    In January, MDN reported that Mountain Valley Pipeline (MVP)–a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA–had received permission from the Federal Energy Regulatory Commission (FERC) to begin tree clearing and construction of access roads and construction yards in five West Virginia counties: Wetzel, Harrison, Doddridge, Lewis and Braxton counties (see Mountain Valley Pipe Gets FERC Approval to Begin WV Construction). That was MVP’s very first permission to begin construction-related activities. It was the trickle. The flood gates burst open late last week when FERC began issuing what is (so far) four new orders. The new orders grant MVP permission to continue not only tree clearing and building roads, but also to begin construction of the actual pipeline itself. That is, digging trenches and laying steel in the ground–not only in WV, but also in Virginia. Construction is now under way in multiple counties in both states. We lay out where MVP is getting built, and what activities are now green lighted by FERC, below…
    Read More “FERC Grants MVP OK to Begin Pipeline Construction in Virginia & W.V.”

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    New 190-Mile NatGas Pipeline Planned for Delmarva Peninsula

    Delmarva Pipeline map – click for larger version

    It’s not often we run across a new pipeline project in our region that we haven’t heard about. But this is one of those days. Last August through October (for 60 days) the Delmarva Pipeline company ran an open house for a 190-mile pipeline that will originate in Rising Sun, Maryland and extend down the Eastern Shore to Accomack, Virginia. We missed the original open season announcement. An open season, for those new to the oil and gas business, is when a pipeline company floats a plan for a pipeline and gets potential customers to agree, contractually, to use the pipeline for the first 10-15 years (or longer) after it’s built. Those signed-on-the-dotted-line contracts give the builder, in this case H4 Capital Partners, confidence to file a plan and proceed with construction. The purpose of the Delmarva Pipeline is to flow natural gas to two rural counties in the southern portion of the Delmarva Peninsula–Somerset County, MD and Accomack County, VA. (Delmarva, for those not along the East Coast, stands for Delaware, Maryland and Virginia–the peninsula where portions of all three states can be found.) H4 Capital Partners has reportedly spent the past four years planning the $1.3 billion pipeline project, and they are now, after a successful open season, ready to file plans with FERC to make it happen. The plan is to get the pipeline built and in-service by late 2020 or early 2021. The reason MDN is interested in this pipeline should be obvious. Although there’s no mention of where the gas will come from to feed this new pipeline, we have zero doubt the gas will come from the Marcellus Shale–making the Delmarva Pipeline an important new demand source for our bountiful supplies of clean burning Marcellus gas…
    Read More “New 190-Mile NatGas Pipeline Planned for Delmarva Peninsula”

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    Federal Judge Pushes Pause Button on Mountain Valley Pipe in VA

    In mid-January MDN brought you the news that (sadly) Mountain Valley Pipeline (MVP) had to file in federal court to “condemn” some holdout landowner properties along the pipeline’s route (see Mountain Valley Pipe Tweaks Route, Asks VA Judge for Eminent Domain). MVP is a $3.5 billion, 303-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA. Holdout landowners in Virginia hired attorneys who argued that because MVP continued to tweak the route of the pipeline (in an attempt to work WITH said landowners!), that serves as evidence MVP doesn’t know what it really wants and whom to condemn with eminent domain–therefore the whole thing should be put on hold. MVP wants condemnation using eminent domain for Virginia landowners to happen now, because they are playing Beat the Clock with tree clearing along the path of the pipeline, work that must be done by March 31st because federal law prohibits it after March 31st for fear of killing a few roosting bats (we kid you not). In a decision handed down last week, a federal judge gave both sides reason for hope. The judge ruled that MVP can proceed with eminent domain cases against some 300 landowners–a huge legal victory for MVP. However, MVP can’t (yet) enter those properties for tree clearing and survey work. Why? Because MVP hasn’t provided the judge with enough proof that they will be able to pay landowners a fair price for their property when the time comes to settle up. She’s not saying MVP can’t or won’t pay up, she’s saying she wants to see more evidence first (surety bonds), before she will let MVP begin work. Those opposed to the pipeline heralded the judge’s decision to temporarily prevent work as some sort of victory–which it is not. They lost the case! The properties are now condemned using eminent domain (or soon will be, once the court paperwork proceeds). The judge’s order temporarily prevents work, but we expect MVP will remedy that post haste so they can then start up the chainsaws and get to work…
    Read More “Federal Judge Pushes Pause Button on Mountain Valley Pipe in VA”

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    Big Green Files Lawsuit Against VA Regulators for Approving Pipe

    In December members of Virginia’s Water Control Board voted 4-3 to approve issuing a water permit/certification for the Atlantic Coast Pipeline (ACP) project (see Atlantic Coast Pipeline Delayed in Virginia by Water Board Vote). ACP is a $5 billion natural gas pipeline project from West Virginia through Virginia and into North Carolina being built by Dominion Energy and Duke Energy. The Water Board’s approval was conditional, the condition being that approval “is dependent on a final review of several environmental studies.” Those studies won’t be done until March or April of this year, meaning in all likelihood the project will be delayed. You would think Big Green groups would have rejoiced at the Water Control Board’s decision, effectively delaying the project. But they didn’t. Instead, a coalition of groups filed a lawsuit late last week against the Water Control Board–for doing their jobs. The groups claim the Water Control Board and the Virginia Dept. of Environmental Quality (DEQ) have not done a good enough job of protecting Virginia’s water resources with respect to the ACP project…
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    Atlantic Coast Pipeline Begins Cutting Trees in WV & VA (Not NC)

    In December MDN told you that Dominion’s $5 billion Atlantic Coast Pipeline (ACP) project had asked permission from the Federal Energy Regulatory Commission (FERC) to begin clearing trees along the path of the pipeline in all three states where the pipeline will run: West Virginia, Virginia, and North Carolina (see Atlantic Coast Pipe Asks FERC to Begin Tree Cutting in WV, VA, NC). FERC approved the project last October (see FERC Approves Atlantic Coast, Mountain Valley Pipeline Projects). However, two of the three states–Virginia and North Carolina–have not yet given final water crossing permits for the project (see Atlantic Coast Pipeline Delayed in Virginia by Water Board Vote and NC Plays “Death by a Thousand Questions” with Atlantic Coast Pipe). Lack of water crossing permits isn’t stopping ACP, nor FERC. Last Friday FERC granted ACP permission to begin felling trees, and the chainsaws have been busy over the weekend–at least in WV and VA (not yet in NC). The clock is ticking. Because of cockamamie Obama regulations, clearcutting of trees along the path for a pipeline (or roadway, or whatever) is banned from April 1st through October 31st, in an effort to protect the “endangered” northern long-eared bat (see Marcellus/Utica Drillers Ask for Special Permit to Kill Some Bats). ACP will be busy between now and March 31st cutting down trees to prepare for laying pipe…
    Read More “Atlantic Coast Pipeline Begins Cutting Trees in WV & VA (Not NC)”

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    Mountain Valley Pipe Tweaks Route, Asks VA Judge for Eminent Domain

    Credit: Roanoke Times – click for larger version

    Attorneys for holdout landowners along the path of Mountain Valley Pipeline (MVP) are using MVP’s willingness to tweak the route of the pipeline to avoid certain areas, against it. Yes, try to work WITH folks–and they turn around and use it against you. MVP is a $3.5 billion, 303-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA. In October, the Federal Energy Regulatory Commission (FERC) gave final approval for the project (see FERC Approves Atlantic Coast, Mountain Valley Pipeline Projects). In early November, the West Virginia Dept. of Environmental Protection gave the project its approval (see WVDEP Reverses, Waives Water Permit for Mountain Valley Pipeline). And in December, the Virginia Water Control Board voted to approve the project (see Virginia Water Board Approves Mountain Valley Pipe – Antis Erupt). So it should be clear sailing for MVP–except for some 15% of holdout landowners along the pipeline’s route who refuse to sign easements. MVP has taken them to court, asking a federal judge for permission to use eminent domain to gain access to those properties. But the holdouts’ lawyers are saying continued tweaks to the pipeline route are evidence MVP doesn’t know what the heck it wants and who to “condemn” with eminent domain–and that’s enough reason for the judge to refuse granting blanket condemnation for eminent domain…
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    DOE Spending $8M on Research to Evaluate Nora Field in SW VA

    Yesterday the U.S. Department of Energy (DOE) announced the selection of six projects to receive approximately $30 million in federal funding for cost-shared research and development in unconventional oil and natural gas recovery. One of the six projects is for the Appalachian region (Marcellus/Utica area). DOE is chipping in $8 million and another $3.1 million is coming from other sources for a total of $11.1 million to study “the resource potential for multi-play production of emerging unconventional reservoirs in the Nora Gas Field of southwest Virginia.” That’s the first we’ve heard of the Nora Gas Field. Turns out the Nora field, located mainly in Dickenson County, VA, has a lot of conventional and coalbed methane gas wells. The research project will determine if the gas locked away in the Nora might be accessed with horizontal fracking. The project will also look at “novel completion strategies for lateral wells in the unconventional Lower Huron Shale” and the “resource potential of the Cambrian Rogersville Shale.” In other words, this research may well lead to active shale drilling in the Old Dominion State…
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