VA Landowner Uses State Police to Eject Pipeline Surveyors
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?… Read More “VA Landowner Uses State Police to Eject Pipeline Surveyors”
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?…
In what has to be a major blow to the morale of anti-pipeline crusaders in West Virginia, Virginia and North Carolina, the top elected state officials in the legislatures of all three states, both Republicans AND Democrats (16 of them in all), sent a letter on Tuesday to the Federal Energy Regulatory Commission (FERC) requesting FERC approve the Atlantic Coast Pipeline project. Dominion wants to build a $5 billion, 594-mile natural gas pipeline that will stretch from West Virginia through Virginia and into North Carolina. The leaders of all three state legislators have told FERC, we want this pipeline, we NEED this pipeline, please approve it. Today is the last day FERC will receive public comments on the project. Here’s who signed, along with a copy of the letter sent to FERC…
This is a story we have not previously covered on MDN. It goes back to 2010 and involves two of the biggest Marcellus/Utica drillers–although in this case the issue is not related to the Marcellus/Utica. Landowners in southwestern Virginia previously sued both EQT and CONSOL Energy’s CNX subsidiary over charges that EQT and CNX shorted landowners out of royalties owed to them, claiming post-production expenses, deductions for severance taxes, etc. that should not have been taken. The wells drilled were conventional wells–some 3,347 EQT wells and 4,261 CNX wells. The vertical wells targeted methane extraction from coal seams–not horizontal wells through shale, which is far more common today. Some lawsuits were green lighted as class action cases in 2013, with a potential for “thousands of landowners” to participate in sharing $30 million in payouts. Last week a federal judge certified three of the five class action lawsuits, allowing them to move forward…
In January MDN told you about an effort in Virginia to ensure new changes in Virginia’s environmental regulations that require “mandatory disclosure of fracking chemicals, baseline water testing and monitoring, and spill prevention and response planning” would still protect trade secrets–the exact combinations of chemicals used by drillers when fracking (see 
Each year Engineering News-Record (ENR) magazine publishes a list of its Top 25 construction projects that began to be built during the previous 12 months. ENR has just released the list for new starts in 2016, and as we looked over the list, we couldn’t help but notice that of the top 25–each project of which had to be worth at least $140 million to get on the list–many of the projects are related to Marcellus/Utica Shale and would not exist without abundant, cheap shale gas. Here is the list of the Top 25 projects begun last year in the states of Delaware, Maryland, Pennsylvania, Virginia, West Virginia and the District of Columbia…
It’s always breathtaking, and disturbing, when a small group of individuals decide to take away the Constitutional property rights of their fellow citizens. We always wonder, is this how it started in 1920s Germany? The Augusta County (VA) Board of Supervisors voted 6 to 1 Wednesday night to illegally take away the property rights of every citizen in the county by enacting a total ban on fracking in the county. Is there any shale in the county to frack? No idea, but we doubt it. To be fair, the first county in Virginia to become lawless in this regard was King George County, last summer (see 
Elections have consequence–not only on the national level, but also on the state and even local levels. Case in point: Barack H. Obama blocked the Keystone XL Pipeline through most of his presidency, and he blocked the completion of the 97% finished Dakota Access Pipeline. Trump got elected over Obama clone Clinton, and that’s all now changed. The Dakota Access Pipeline has received its final clearance and will be done within a few months. Keystone is refiling their application and will get built within the next year or so. However, there is a flip side too. Even when pipeline projects are federally approved, like the Constitution Pipeline from northeast PA into New York, states can throw a monkey wrench into the works and screw it all up–as NY Gov. Andrew Cuomo has done (see 
The Mountain Valley Pipeline (MVP) is a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA. The project, which filed an official application with the Federal Energy Regulatory Commission in October 2015, is being built by EQT, NextEra Energy and several other partners including WGL (see today’s companion story). The project has faced stiff opposition from landowners in West Virginia (see 
Two weeks ago MDN told you about an effort in Virginia to ensure new changes in Virginia’s environmental regulations that require “mandatory disclosure of fracking chemicals, baseline water testing and monitoring, and spill prevention and response planning” would still protect trade secrets–the exact combinations of chemicals used by drillers when fracking (see 
We have to chuckle. It was just two months ago, in November 2016, that Virginia Gov. Terry McAuliffe approved changes to environmental regulations that requires “mandatory disclosure of fracking chemicals, baseline water testing and monitoring, and spill prevention and response planning” (see 
As MDN reported last week, area residents packed a small meeting hall in Buckingham County, VA for a five-hour marathon session to express their concerns about building a new compressor station in the county for the upcoming Atlantic Coast Pipeline (see 
As MDN reported earlier this week, on the last business day of 2016 the Federal Energy Regulatory Commission (FERC) issued a favorable draft (not final, but draft) environmental impact statement (EIS) for the $5 billion, 594-mile Dominion Atlantic Coast Pipeline project (see