Dominion, MVP File to Dismiss VA-WV Lawsuit Against Pipe Projects
In September a group of 57 gentry landowners in Virginia and West Virginia, backed by an out-of-state Big Green group, sued the Federal Energy Regulatory Commission (FERC) in an attempt to gut the 80-year old Natural Gas Act that gives FERC the right to grant eminent domain for pipeline projects (see VA, WV Landowners Sue FERC re Pipelines, Seek to Gut Natural Gas Act). Specifically, the colluding landowners oppose Dominion’s $5 billion, 594-mile natural gas pipeline that will stretch from West Virginia through Virginia and into North Carolina, and EQT’s $3.5 billion Mountain Valley Pipeline project, a 303-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA. The frivolous lawsuit, titled BOLD ALLIANCE, et al. v. FEDERAL ENERGY REGULATORY COMMISSION, et al., was filed in the U.S. District Court for the District of Columbia. It claims the landowners’ property is a “taking” not properly compensated under the U.S. Constitution. Yesterday two important parties to the lawsuit–Dominion (representing Atlantic Coast Pipeline) and Mountain Valley Pipeline–filed a motion to dismiss the case. They have a strong argument. Why dismiss? Because the gentry landowners filing the lawsuit have ignored United State laws, which specifically state that (a) ONLY FERC has jurisdiction over the projects and decisions about whether or not they can get built, (b) if a supposedly aggrieved party disagrees with FERC’s decisions, they must first file for a rehearing, and if FERC still refuses, then (c) the supposedly aggrieved party can file a lawsuit ONLY with the U.S. Court of Appeals for the District of Columbia. The suers (Bold Alliance) did file for a rehearing and FERC has not yet ruled on the rehearing. Bold Alliance tried to sidestep the law by moving forward with a lawsuit prematurely. However, the really big no-no is that they filed in U.S. District Court for DC, NOT the Court of Appeals for DC. Big difference. We see no other choice for the judges in U.S. District Court but to dismiss the case since Bold Alliance should not have brought the case in their court in the first place…
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Dominion’s $5 billion Atlantic Coast Pipeline (ACP) project recently asked the Federal Energy Regulatory Commission (FERC) for permission 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. FERC approved the project in October (see 
It’s full speed ahead for Mountain Valley Pipeline (MVP)–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 
Last week MDN brought you the news about a vote from the Virginia State Water Control Board that gave Dominion’s Atlantic Coast Pipeline a non-approval approval (see 
Invasion of the body snatchers has become reality in Westmoreland County, Virginia. The Westmoreland Board of Supervisors passed amendments Monday night “to strictly limit gas and oil drilling.” However, that’s just a stopgap measure. The real aim is a full-out, flat-out ban on any kind of oil and gas drilling. Right after taking the vote, the illustrious body-snatched supervisors asked the county attorney to begin researching a moratorium they can enact without landing them in jail. Good luck with that. Virginia doesn’t have the Marcellus/Utica under it–at least not very much. But Virginia does have another shale layer–the Taylorsville. We commented back in 2014 that the state is inching closer to allowing fracking in the Taylorsville and other potential basins (see 
Last week Virginia’s Water Control Board issued a water permit/certification for the Mountain Valley Pipeline project–a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA (see 
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–scored an important approval yesterday. Virginia’s Water Control Board issued a water permit/certification for the project. MVP, when built, will run through six Virginia counties. Prior to voting to approve the permit yesterday, the Water Control Board held a public hearing on Wednesday, largely so antis could spout off and feel better about themselves. Following yesterday’s vote, antis did what they always do–behaved like petulant, spoiled rotten children. At least one anti “screamed profanities at the board members and vowed to visit them where they live.” Yeah, bullying. Threats of violence. That’s the anti crowd for you. In early November the West Virginia Dept. of Environmental Protection (WVDEP) waived their right to issue a permit for MVP, instead deferring to the just-as-strict version of the permit issued by the US Army Corps of Engineers (see 
On Wednesday the West Virginia Department of Environmental Protection (WVDEP) “waived” the state’s authority under the federal Clean Water Act to determine if Atlantic Coast Pipeline (ACP) will harm rivers and streams, instead deferring to the US Army Corps of Engineers’ (USACE) Nationwide permit. The USACE Nationwide permit has the same exact standards as found in the WV version–so there’s no need to duplicate the paperwork. This is not the first time WVDEP has deferred to the USACE’s permit. They did the same exact thing with a water crossing permit for the Mountain Valley Pipeline project in November (see 
The Federal Energy Regulatory Commission (FERC) on Friday granted final approval for Columbia’s WB Xpress pipeline project. In Jan. 2016, Columbia Pipeline Group (now owned by TransCanada) filed a full, official application with FERC for the $850 million WB XPress Project (see 
Sadly, the “leaders” of Richmond County, VA have just voted to commit fracking suicide–a total ban on fracking in the county. They’re not the first. Last year King George County did the same thing, banning it in most of the county (see 
No doubt being advised and funded by national Big Green groups, a group of backbencher local green groups (Little Green) have taken the first step in what will no doubt turn into a lawsuit to try and stop the Atlantic Coast Pipeline project from getting built. The Federal Energy Regulatory Commission (FERC) approved Atlantic Coast, a $5 billion, 594-mile natural gas pipeline that will stretch from West Virginia through Virginia and into North Carolina, in October (see 
We’d call this a case of Atlantic Coast Pipeline (ACP) and Mountain Valley Pipeline (MVP) getting taken to the (pipe) cleaners. The anti-fossil fuel (and far-left) Virginia Outdoors Foundation (VOF) warned both Atlantic Coast and Mountain Valley, years ago, that land the non-profit previously tied up with non-development easements is off limits for their respective pipeline projects. So-called “open space” organizations like VOF get private landowners to sell them easements to their properties–the right to disallow any kind of development on the land, no matter who buys it in the future. But sometimes “no development” doesn’t actually mean “no development”–it’s just a bargaining position. The VOF has just cut a deal to allow ACP and MVP to cross a cumulative 53 acres of land, land with no-development easements, in exchange for adding 1,130 acres in other places to the their no-development easement stash. Oh, and $4,075,000 in cash for VOF’s coffers will be chipped in too. A true shake-down by shake-down artists, all to stick a couple of pipelines in the ground for a few hundred feet where nothing will get built over top of them anyway…
Great news delivered late Friday afternoon: The Federal Energy Regulatory Commission (FERC) issued final, full approvals for both the Atlantic Coast and Mountain Valley pipeline projects. Atlantic Coast is a $5 billion, 594-mile natural gas pipeline that will stretch from West Virginia through Virginia and into North Carolina. Mountain Valley is a $3.5 billion, 303-mile natural gas pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA. Both projects still face an uphill battle before they get built. The North Carolina Dept. of Environmental Quality (DEQ) issued a rejection letter for Atlantic Coast last week (see 
It has seemed to us that anecdotally most of the media in Virginia has tilted left and anti-pipeline when covering stories about the Atlantic Coast Pipeline (ACP) and Mountain Valley Pipeline (MVP) projects, both slated to cross the state. So imagine our surprise in reading an editorial from the editors of the Fredericksburg, VA Free Lance-Star that gives full-throated support for fracked shale gas pipelines. The editorial begins by calling those who oppose ACP “NIMBY’s” (Not In My Back Yard). Later in the editorial, we learn this startling fact: “To prevent blackouts in Virginia this summer, Energy Secretary Rick Perry had to give Dominion Energy permission to reopen two shuttered coal-burning plants (Yorktown 1 and 2) in response to a request by PJM Interconnections, which manages the electric grid in 13 states. That’s how close the East Coast is to a real power crisis.” Yes folks, without ACP (and MVP), Virginia faces rolling blackouts. They won’t be able to produce enough electricity to meet the demand–unless they want to keep using coal. When will the NIMBYs wake up? Will it take a blackout to snap them out of their denial?…