Va. Supreme Court Rules Against Granny in Pipeline Survey Case
Last September MDN told you about an 83-year old granny who didn’t want surveyors working for Dominion’s Atlantic Coast Pipeline to enter her property to conduct a survey for a possible pipeline route (see A Supreme Court to Hear Atlantic Coast Pipe Survey Case). The Virginia Supreme Court accepted the case and as we said at the time, it is “high stakes,” because a 2004 Virginia law specifically allows surveyors to enter a property WITHOUT landowner permission, as long as the surveyors provide ample, advance notice of when they are coming. Some landowners use that advance notice to set up illegal blockades and to call in the police–an abuse of police authority (see Va. Landowners Illegally Block MVP Survey Crew on Bent Mountain). Hazel Palmer, an 83-year old widow (i.e. granny) chose to litigate rather than protest. She took her case all the way to the Supremes, and last week the Supremes ruled against her. However, Dominion also got a slap on the wrist. The justices said notifications sent for when surveyors will arrive can no longer say the surveyors will arrive “on or after,” because “after” can mean years later. Instead, Dominion will have to give several potential, specific dates when surveyors will visit a property…
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Just yesterday MDN reported on a small group of gentry landowners living in the lavish Bent Mountain area of Roanoke County, VA who illegally blocked access to surveyors from Mountain Valley Pipeline (see 
In May, MDN noted a disturbing trend in the Commonwealth of Virginia of entangling law enforcement in the non-criminal issue of surveying for a federally-authorized pipeline project (see 
In April MDN told you that the Virginia Dept. of Environmental Quality (DEQ) had succumbed to political pressure from the MANY lib Dems in the state that oppose benign pipeline projects, like the Atlantic Coast Pipeline (ACP) and Mountain Valley Pipeline (MVP), and changed their minds about the process they will use in issuing water quality certifications under Section 401 of the federal Clean Water Act (see 
In October 2016, Dominion announced a new pipeline project called Eastern Market Access Project (see 
A lot of communication (letters, phone calls, meetings) fly back and forth between a midstream (pipeline) company and regulatory agencies when an application is filed for a project. Particularly a project like the Dominion’s Atlantic Coast Pipeline, $5 billion, 594-mile natural gas pipeline that will stretch from West Virginia through Virginia and into North Carolina. Companies like Dominion send letters, make phone calls and meet with federal and state regulators, attempting to anticipate and answer questions and concerns. It’s a natural part of the process. So we found it interesting, indeed strange, that the Virginia Secretary of Natural Resources, Molly Ward, sent a letter to Dominion back in April (just now coming to light) in which she tells Dominion to back off and that people in the agencies that work for her “will not base their decisions on requests or suggestions from an applicant.” The Roanoke Times, “reporting” on the letter, opens their article with this sentence: “Attempts by Dominion Energy to sway regulators in the Atlantic Coast Pipeline permitting process prompted a top official under Gov. Terry McAuliffe to notify the utility that state agencies would not heed those efforts.” So now, when a company attempts to provide information, perhaps anticipating issues and concerns for regulators, and reaches out to contact them proactively, that’s called an attempt at “swaying” and is somehow nefarious and underhanded. Should Dominion contact regulators to ask them to NOT approve the project? Ridiculous! Of course Dominion is going to try and convince regulators that the project is worthy/sound/needed/safe/etc. That’s their job! Why would Ward not want her people to hear directly from Dominion? Her people hear plenty from the other side, anti-fossil fuel nutters opposed to the project…
Marcellus Shale gas is now powering a Panda Power Funds electric generation plant supplying electricity for 778,000 homes in the Washington, DC metro area. Panda announced that its 778-megawatt “Stonewall” generating station in Loudoun County, Virginia is now online producing electricity for Northern Virginia/District of Columbia customers. MDN first had its eye on this project in November 2014 when we brought you the news that South Jersey Gas had won the contract to provide Marcellus Shale gas to the plant when built (see 
In May, MDN noted a disturbing trend in the Commonwealth of Virginia of entangling law enforcement in the non-criminal issue of surveying for a federally-authorized pipeline project (see 
Local anti-drilling reporters in Virginia are breathlessly hyping the fact that the Federal Energy Regulatory Commission (FERC) is set to issue a final environmental impact statement (EIS) on June 23 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, VA. Antis are only too happy to provide a load of bull for local reporters to use in articles to scare the general public. For example, when talking about the pipeline, it’s always the “deeply controversial” Mountain Valley Pipeline. Of course it’s only “deeply controversial” to a few hundred people. Everyone else couldn’t care less. A bunch of pipeline opponents, who don’t like how the system works, want to change the rules. Funny, isn’t it, when the other side can’t win in the realm of public opinion, or in the courts, they resort to demanding the rules get changed–to favor them. Antis now want FERC to do something it has never done: Issue a revised or supplemental draft EIS, instead of a final EIS–which would restart a public comment period and seriously delay the project. Which is the point. We expect FERC will ignore this latest transparent effort to stop the project…
Will Virginia in the south become what New York is in the north: a block to Marcellus/Utica gas leaving the region? Perhaps. At least, that’s what radical environmentalists are hoping is what happens. On June 13 Virginia will hold a primary. We recently wrote about its importance (see 
Election matters, and elections for governor really matter–at least with respect to shale drilling and pipelines. Here in New York State, where MDN is written, we are ruled by a corrupt autocrat by the name of Andrew Cuomo. Single-handed Cuomo has decided to ban fracking and block new shale gas pipelines (see 
Leftist anti-fossil fuelers are only too happy to poll anything and everything–except for what really matters. How do the VOTERS in Virginia, West Virginia and North Carolina feel about the Atlantic Coast Pipeline (ACP)? ACP is Dominion Energy’s $5 billion, 594-mile natural gas pipeline that will stretch from West Virginia through Virginia and into North Carolina. The Consumer Energy Alliance (CEA), the “voice of the energy consumer,” set out to answer the question: How do voters feel about ACP? In a poll commissioned by ACP, a majority of voters in all three states support the project–by an overwhelming majority. ACP hired Hickman Analytics Inc., a “Democratic-leaning,” Maryland-based firm to do the polling. Harrison Hickman, founder of the firm, said, “By any measure, whether it’s a policy matter or a voting matter, the pipeline has widespread support.” That’s something you won’t read in most news outlets. Here’s the results of the poll… 
You know how money-grubbing, cheap, careless and in general no-good those Big Oil companies are, right? They only care about themselves. They seek to rape and pillage Mom Earth, keeping piles of gold in their coffers, killing humankind in the process. That’s the picture painted by anti-fossil fuel nuts. Here’s the real picture: In 2016, between employees and the corporation, Exxon Mobil donated more than $50 million to colleges and universities across the United States. That is a staggering number. Many of those colleges and universities were located in the Appalachian basin (Marcellus/Utica), including $2.7 million in PA, $800K in OH, $1.4 million in VA, $3.2 million in NY and $1.2 million in NJ. Just the opposite of the negative picture painted by the enemies of fossil fuels… 
Increasingly landowners (and anti-fossil fuelers, sometimes one and the same) are attempting to employ the use of local law enforcement to prohibit pipeline companies from surveying their land–especially in Virginia. Survey crews for the Mountain Valley Pipeline, a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA, have the right under Virginia State law to enter a property without the property owner’s permission to survey–as long as they have sent a prior notice to the landowner with target dates of when they will be on location. However, some landowners (very small percentage) don’t want the pipeline and don’t want surveyors on their property–and have had their lawyers tell them so. When surveyors recently turned up on one property, the landowners called the State Police. The State Police (as well as local police) have a stated policy that they do not interfere with non-criminal matters. And surveying a property legally is not a criminal matter. However, the troopers came out and had a quick talk with the surveyors. The troopers did not eject the surveyors per se, but soon after the troopers left the surveyors did too. This is troublesome and problematic. Did the troopers put undue pressure on the surveyors to leave? Should the troopers have come to the property at all? Does the landowner have culpability in calling the cops for a non-criminal matter, wasting the troopers’ time?… 
Last Thursday was the last day for people, agencies, nutjobs, supporters–for anyone–to file an official comment with the Federal Energy Regulatory Commission (FERC) on the agency’s draft environmental impact statement for the Atlantic Coast Pipeline project. Dominion has proposed building the $5 billion Atlantic Coast Pipeline (ACP) project from West Virginia through Virginia and into North Carolina. One of the problems they’ve had is resistance from U.S. government agencies, including the U.S. Forest Service. In January 2016, the USFS told Dominion it was a no-go for running the pipeline through tiny pieces of either the Monongahela or George Washington national forests in West Virginia and Virginia (see 
The Virginia Department of Environmental Quality (DEQ) announced yesterday that it would require water quality certifications under Section 401 of the federal Clean Water Act for each segment of both the Atlantic Coast Pipeline project (Dominion) and the Mountain Valley Pipeline project (EQT & NextEra Energy). Apparently the DEQ considered using the U.S. Army Corps of Engineers Nationwide Permit 12 process–a less rigorous review (saves about half a forest of trees in paper). But in the end, the DEQ said they were caving to political pressure from anti groups (our words), and instead put Atlantic Coast and Mountain Valley on notice to get ready for a detailed exam. It will be painful. However, it’s not anything either company isn’t already used to/hasn’t done before. We wouldn’t say “it’s no big deal,” but neither is this a show stopper. The more relevant question: Is the DEQ ready to review the blizzard of paperwork that will come at them, IN A TIMELY MANNER? The real question is whether or not the DEQ is equipped to conduct the extensive review they’ve now demanded, and what happens if they can’t?…