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protect our water heritage rights coalition
'Hard-Won Movement Victory': MVP Extension in NC Halved
"Mountain Valley Pipeline and its Southgate extension have been poorly conceived from the beginning, but today some of the communities in harm's way can breathe easier," said one campaigner.
Dec 30, 2023
Frontline critics of the Mountain Valley Pipeline celebrated after Equitrans Midstream revealed Friday in a Securities and Exchange Commission filing that the distance of the proposed Southgate extension project has been cut in half.
The partially completed MVP project—long delayed by legal battles until congressional Republicans and President Joe Biden included language to fast-track it in a debt limit deal earlier this year—is set to cross 303 miles of Virginia and West Virginia.
The MVP Southgate extension into North Carolina was supposed to be 75 miles, but the filing details plans for a redesigned 31-mile gas project that "would include substantially fewer water crossings and would not require a new compressor station."
Responding to the development Friday evening, Denali Nalamalapu, communications director of the Protect Our Water, Heritage, Rights Coalition, said that "despite receiving a free pass from the federal government, the MVP continues to crumble before our eyes. For nearly 10 years, communities along the route have declared this project impossible and deadly. Now, after meeting with its clients, we see further admission from MVP that they can't follow through with the foolhardy plan they set out with."
"This news is a win for the movement that will be celebrated by emboldened resistance in the new year."
"This news is a hard-won movement victory: Fewer people will be harmed now that the Southgate extension plan has been halved," she stressed. "The MVP has always known it poses a horrific danger to the communities along the route—but their bottom line takes priority."
"With this new plan, the company admits that fewer waterways will be harmed and a compressor station will be avoided, gesturing towards the devastating water pollution, air pollution, and health impacts it will and has caused," she added. "This news is a win for the movement that will be celebrated by emboldened resistance in the new year."
Appalachian Voices Virginia field coordinator Jessica Sims also welcomed the news as a win for communities on the frontlines of the climate-wrecking gas project.
"Mountain Valley Pipeline and its Southgate extension have been poorly conceived from the beginning, but today some of the communities in harm's way can breathe easier," Sims said Saturday. "We know these changes resulted from sustained opposition to this unnecessary methane gas pipeline and its Southgate extension, and our opposition continues."
The new Equitrans Midstream filing follows a pair of Federal Energy Regulatory Commission (FERC) orders last week, one that allows MVP to raise gas transportation rates and another that extends the timeline to build the extension.
"The recent decision by FERC to extend Southgate's federal certificate was dependent on the pipeline having a contract with another entity to buy the gas," Appalachian Voices North Carolina program manager Ridge Graham noted Saturday.
"With a wholly new project that requires an 'open season' to find customers," Graham argued, "FERC should cancel the original Southgate Certificate of Public Convenience and Necessity and send the developers back to the drawing board."
With MVP opponents "facing increased repression from the state and the companies behind the pipeline," another group that has spent years battling the project, Appalachians Against Pipelines, is calling for solidarity actions across the United States January 29-31 "to bring the fight to every company and bank involved."
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'Appalling': Mountain Valley Pipeline Gets Two More Federal Approvals
"We are extremely disappointed but never surprised by the results of a system created for profit," said one campaigner. "We will never give up on defending our lives, and the natural environment that makes life possible."
Dec 20, 2023
Frontline climate campaigners renewed pledges to continue fighting against the Mountain Valley Pipeline on Tuesday, when U.S. federal regulators decided that MVP could raise its gas transportation rates and have more time to build an extension.
"The federal government claims to recognize the urgency of the climate crisis while allowing the fossil fuel industry to further it,"
said Russell Chisholm, managing director of the Protect Our Water, Heritage, Rights Coalition, in response to the pair of Federal Energy Regulatory Commission (FERC) orders.
"During the past decade of repeated delay, budget increase, and environmental violation, thousands have resisted the reckless Mountain Valley Pipeline and its Southgate extension, and we are never going away," he vowed. "Our resistance is the fossil fuel industry's greatest nightmare; we are only growing more powerful."
"FERC's decision to extend MVP Southgate's certificate of 'public need'... is a crime against us and future generations."
MVP is set to cross 303 miles of Virginia and West Virginia, plus the Southgate extension into North Carolina. Largely thanks to outgoing U.S. Sen. Joe Manchin (D-W.Va.), language to expedite construction of the partially completed gas pipeline was included in the debt ceiling law that President Joe Biden negotiated with congressional Republicans this year.
The new FERC order allowing the rate hikes—which critics worry will be passed on to customers—notes that MVP now estimates construction will cost over $6.6 billion, rather than the earlier estimate of $3.7 billion. It also says that MVP, a
joint venture involving five energy companies, "asserts that the primary drivers of the increased costs were permitting delays caused by ongoing legal challenges to the project, which have persisted since construction began in early 2018."
Jessica Sims, Appalachian Voices ' Virginia field coordinator, responded that "the Mountain Valley Pipeline's delay and ballooned construction costs are owed to the company's insufficient planning and choice of route, deficient permit applications, and lax construction practices. The resulting violations, fines, permit vacations, and consent orders are of the company's own making and they should not have been granted permission to financially pass those mistakes on to consumers."
Along with the rate order, FERC Commissioners Mark Christie, Allison Clements, and Willie Phillips approved a three-year extension for MVP to complete the North Carolina project. Commissioner James Danly did not participate in the decisions and the commission's fifth seat is vacant.
Appalachian Voices North Carolina program manager Ridge Graham called the move "appalling" while Jason Crazy Bear Keck, co-founder of 7 Directions of Service, said that "we are extremely disappointed but never surprised by the results of a system created for profit."
"FERC's decision to extend MVP Southgate's certificate of 'public need,' which subjects our streams, rivers, and community members to seizing of land and irreversible pollution, against our will, with no proof of need, is a crime against us and future generations," Keck added. "We will never give up on defending our lives, and the natural environment that makes life possible."
MVP opponents highlighted that Democratic North Carolina Gov. Roy Cooper and other elected officials from the state have spoken out against the 75-mile extension, which was initially supposed to be completed this past June.
"This project is unnecessary for North Carolinians," said Emily Sutton of the Haw River Assembly, stressing the opposition from residents and officials including Cooper. "The health and safety of our communities and the Haw River watershed should not be jeopardized for the profits of fossil fuel interests. We will continue to fight to protect the people and places we love."
As FERC released its MVP orders on Tuesday, Appalachians Against Pipelines—which has been fighting the project for over five years—said that protesters are now "facing increased repression from the state and the companies behind the pipeline" and called for solidarity actions across the United States January 29-31 "to bring the fight to every company and bank involved."
"With every work stoppage, Mountain Valley Pipeline and their state collaborators have become more and more desperate to criminalize dissent," according to the group. "MVP is suing more than 40 activists across multiple jurisdictions in central Appalachia for millions of dollars. More than 20 pipeline fighters have been arrested on a variety of charges since this summer, including ludicrous abduction felonies."
Appalachians Against Pipelines declared that "we know why state and private forces are doing this—because they are terrified of the communities we have built, the fight we are waging, and because they know that we are unafraid and that we won't back down."
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It's Time to Cancel the Mountain Valley Pipeline—Just Ask the People of Maui
After Hawaii saw the worst disaster in its history and people perished in a massive climate change-driven wildfire, the 4th Circuit felt they had no other choice but to dismiss lawsuits designed to protect our environment.
Aug 12, 2023
In late 2014, hundreds of landowners were thrust into a nearly decadelong fight against a conglomerate of megacorporations who wanted to build two fracked gas pipelines from the fracking fields of northern West Virginia across Virginia and ultimately end in North Carolina. The Atlantic Coast Pipeline (ACP) was being proposed by Dominion and Duke Energy, two of the nation’s largest fossil fuel energy companies. This unnecessary pipeline was proposed to cross central West Virginia into the Shenandoah Valley of Virginia. It would then split in central Virginia, with one of its tentacles heading toward Norfolk, Virginia, and the other ending near Lumbee, North Carolina.
A second fracked gas pipeline called the Mountain Valley Pipeline (MVP) was proposed by EQT, Next Era Energy, and an assortment of lesser fossil fuel companies, and would cross some of the steepest and environmentally fragile areas in the Appalachian Mountains in West Virginia and southwest Virginia. In 2019, the builders of the MVP proposed the MVP Southgate project, an extension that would cross some of the most environmental injustice communities in Virginia and North Carolina.
Both of these projects were met with fierce opposition by those living along their nearly 1,000 miles of collective proposed pathways, as well as allies and organizations across the nation. The resistance from this coalition proved to be too much for the larger, 600+ mile ACP project and in July 2020 the developers canceled the project. Suddenly the fossil fuel companies realized that their power over the people was being threatened like never before. It was only about just a few months earlier that they had seen the cancellation of the Constitution Pipeline in New York and the Keystone XL pipeline across the central part of the U.S. In 2021 they also saw the cancellation of the Penn East pipeline in Pennsylvania and New Jersey as well as the Pacific Connector Pipeline and Jordan Cove LNG project in Oregon. They also witnessed mass resistance to the Dakota Access Pipeline at Standing Rock. Panic must have set in for the corporations that make up the American Petroleum Institute.
The MVP is a climate time bomb. It is literally a public safety hazard and an enormously corrupt and democracy-ending project.
Imagine that. People, just regular people, were challenging the industry’s grip on the U.S. government—and winning. This was a direct assault to their year-in-and-year-out massive profits. The people were fighting for their property rights, for their water, for Indigenous rights, and for the environment. In West Virginia and Virginia, a rag-tag group of citizens formed the POWHR (Protect OUR Water Heritage & Rights) Coalition to fight the MVP. At first, that coalition was largely ignored by most everyone. But we just did not give up. Eventually, people across the nation started to listen and join with our coalition to fight the MVP. This growing coalition and its allies proved to be too powerful for the developers of the MVP, so they pulled out their pocketbooks and started donating massive amounts of money to some key U.S. senators, namely Democrats Chuck “NextEra” Schumer of New York and Joe “Dirty Deal” Manchin of West Virginia.
In late 2022, these two powerful senators reached a deal with President Joe Biden to include a legislative mandate to rescue the MVP as part of Manchin’s support of the not-such-a-great climate bill called the Inflation Reduction Act. The people said not so fast. We rallied against this so-called “Dirty Deal” and killed it multiple times in late 2022. Then came the debt ceiling crisis in early 2023. Manchin and fellow Republican senator from West Virginia, Shelly “For Sale” Moore Capito, convinced the debt ceiling negotiators to include Section 324 in the Fiscal Responsibility Act (FRA). Section 324 would strip citizens’ rights to object to permits and deem the pipeline to be “in the national interest.” It was opposed by many senators and House progressives but the corruption in government proved too much for them to overcome.
You might think that the people had lost. They had more to say. On June 8, under smoke-filled skies, dozens of MVP-affected citizens and their allies from across the nation rallied at the White House. Their message: We demand that the administration declare a climate emergency and cancel the MVP and other recently approved fossil fuel projects like the Willow project in Alaska and the expansions of LNG projects in Texas and Louisiana’s Gulf Coast. The opponents of the MVP also continued their challenges to the pipeline, which already has a track record of hundreds of violations. Our coalition also continued to challenge not only the constitutionality of Section 324 of the FRA, but also the eminent domain provisions of the Natural Gas Act.
Unfortunately on Friday, the 4th Circuit Court of Appeals concluded they had only one recourse and dismissed the MVP opponents’ challenges to the already pending permit challenges. But they did not do it quietly. On Friday, I shared this press statement referencing Judge Roger L. Gregory’s concern about Section 324 of the FRA:
Today is a very sad day, the very day after Hawaii saw the worst disaster in its history, where dozens, if not hundreds of people perished in a massive climate change-driven wildfire, that the 4th Circuit Court felt they had no other choice but to dismiss lawsuits designed to protect our environment. Judge Gregory was correct when he stated,
…Section 324 is a blueprint for construction of a natural gas pipeline by legislative fiat. If that provision is likewise constitutionally sanctioned, the Congress will have found a way to adjudicate by legislating for particular cases and for particular litigants, no different than the governmental excesses our Framers sought to avoid. For that reason, I fear Congress has employed this Court’s constitutionally directed deference to legislative prerogatives to undermine the Constitution and in the process, it has made the Court an accessory to its deeds. If that is so, I wonder if Section 324 is a harbinger of erosion not just to the environment, but to our republic.
I share Judge Gregory’s real concern for our environment and our democracy.
Where does this leave us? The MVP is a climate time bomb. It is literally a public safety hazard and an enormously corrupt and democracy-ending project. If it is allowed to be built under these circumstances the entire nation will suffer from the precedent-setting way it was legislated to competition by “legislative fiat.” Exempting any single project of any kind from long-held environmental rules is a slippery slope down the road toward oligarchy. That is why partisan politics must be set aside and the courts and Congress must put a halt to such practices. They must act quickly because our survival depends upon it. Just ask the people on Maui.
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