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BREDL Calls for Investigation of VA Governor Around Environmental Justice

Blue Ridge Environmental Defense League called upon Virginia Inspector General Michael Westfall to investigate the firing of two State Air Pollution Control Board members by Governor Ralph Northam.   The request also cites threats by the state attorney general to disband the Governor’s Advisory Council on Environmental Justice.  The request centers on a proposed natural gas pipeline compressor station air permit.

Sharon Ponton, BREDL’s Stop the Pipelines Campaign Coordinator, stated, “Governor Northam’s actions to replace Rebecca Rubin and Sam Bleicher are unethical and corrupt.”    The letter of request written by Ponton to the IG details events she observed during the last few weeks.  She concluded, “We believe that when the Governor sees a decision being made he doesn’t like, he puts his thumb on the scale to ensure Dominion Energy gets its way.”
Lou Zeller, BREDL’s Executive Director stated, “Governor Northam, throughout the pipeline permitting process in Virginia, has tried to straddle the fence, but his true position has been made clear in the last few weeks.  He is disregarding the environmental racism being perpetrated on the freedmen community of Union Hill.”  BREDL has a case on the compressor station now before the Virginia Supreme Court, with arguments set for December 4.
Ponton’s request to the IG also pointed to recent actions by Northam to dismiss the findings of the Governor’s Advisory Council on Environmental Justice.  She said, “We have asked the Inspector General to complete a thorough investigation into the Governor’s actions.  We believe the Governor abused his power, corrupted the permitting process, and broke with the public trust,” Ponton concluded.
The Blue Ridge Environmental Defense League is a Virginia corporation with members and projects throughout the state.  Its chapter in Union Hill, Virginia, Concern for the New Generations, was founded in 2016 to oppose the natural gas pipeline and compressor station proposed by Dominion Energy.

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Depression, A New Side Effect of Fracking — Pennsylvanians who live near fracking are more likely to be depressed

By: Sharon Franklin
July 29, 2018
Stress and depression are higher among those living closest to more and bigger wells.
People who live near unconventional natural gas operations such as fracking are more likely to experience depression, according to a new study, by Joan A. Casey, Holly C. Wilcox, Annemarie G. Hirsch, Jonathan Pollak and  Brian S. Schwartz  “Associations of unconventional natural gas development with depression symptoms and disordered sleep in Pennsylvania” .
Background:  The Study is the first of its kind published in Scientific Reports.  The University of California at Berkeley and Johns Hopkins University Researched reviewed the rates of depression in nearly 5,000 adults living in southwestern Pennsylvania’s Marcellus shale region in 2015.
They found that people living near fracking-related operations are more likely to be depressed than the general population, and that stress and depression went up among people living closest to more and bigger natural gas wells. One of the study’s co-authors, Joan Casey stated “Previously we’ve looked at the links between unconventional natural gas development and things like asthma exacerbations, migraine headaches and fatigue. The next step was thinking about mental health, because we had a lot of anecdotal reports of sleep disturbances and psychosocial stress related to unconventional natural gas development.”
At the end of 2015, 9,669 wells had been drilled in Pennsylvania’s Marcellus shale.  By 2016, the region led the nation in shale gas production. There have been other small sample studies on the links between fracking and depression, however, this is the first to investigate a link between the two using a validated survey among a larger population. The researchers in this study compared data on the number of wells, the phase of extraction, and the volume of production in order to group residents into categories of “very low,” “low,” “medium,” and “high” levels of exposure to fracking operations.  To assess the severity of depression symptoms, the researchers utilized a patient health questionnaire that included questions such as, “How often have you been bothered by feeling down, depressed, hopeless?
The Study’s Results:  Dr. Casey noted that the greatest increases in rates of depression occurred among people with mild to moderate symptoms living near high-volume fracking operations.  She states “People in the highest group of exposure were 1.5 times more likely to have mild depression symptoms than those in very low exposure group.
Casey added “Based on our observations, it seems like living near unconventional natural gas development may not cause an increase in diagnoses of severe major depressive disorders but might exacerbate symptoms in those with mild or moderate depression and create some depression and stress in otherwise healthy people.”
The researchers minimized over reporting by not informing the subjects that the study was related to fracking.
While that strengthened the study’s results, Casey pointed out that it also limited their ability to examine the causes of depression in those living near fracking operations.
 “Some people in these communities might have positive associations with natural gas extraction.”

  • “Maybe they’re leasing their land and getting economic benefits, so it’s actually lessening their symptoms,
  • while others may only be getting exposures and have concerns about its health impacts, which could be worsening their symptoms.”

Additionally, the researchers reviewed electronic health records to determine whether there was an increase in physician-diagnosed sleep disorders or prescriptions for sleep aids in the region but did not observe an increase in those instances associated with proximity to fracking operations.
Unanswered questions  ???
The study addressed whether exposure to the chemicals being released into the environment could play a role in the increase of depression symptoms among those living near unconventional natural gas operations.
Casey said “I think we’ve probably now done enough epidemiological studies showing the links between unconventional natural gas extraction and health.”.

  1.  “The next step will be to tease apart what our exposure pathways are.”
  2.  “Is this being caused by air pollution and volatile organic compounds?
  3.  “Is it more about perception and psychosocial stressors than actual exposure?”

 Casey concluded that they don’t know the answers to these questions, and to be able to move forward, they will have to start unraveling those mysteries.
Visit this link to learn more.
 

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Fracking Industry’s Water Use Rises

Water use for fracking by oil and gas operators in the Marcellus Shale region rose 20 percent between 2011 and 2016 as longer laterals were drilled to fracture more gas-bearing rock, even though the pace of well development slowed in response to low natural gas prices, a Duke University study said on Wednesday.
The rise was the smallest of any of the six U.S. regions studied, including the Permian Basin area of Texas, where water use surged by 770 percent over the period.
The study also said the volume of fracking waste water produced in the Marcellus – which includes Pennsylvania, West Virginia, eastern Ohio and southern New York, where fracking is banned — rose four-fold to 600,000 gallons in 2016, forcing energy companies to rely increasingly on holding the waste in underground injection wells. Read more.

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Pipeline Through VA and NC Stopped Again

“The land is our family tree and it speaks of legacies, heritage, and memories. No one would take that away from us. No pipelines on our valuable historic farms. No intruders on our land.”  Valerie Williams, a member of Concerned Stewards of Halifax County and an African American landowner in Halifax County.
The Atlantic Coast Pipeline is a 600-mile natural gas pipeline starting at a fracking operation in West Virginia. The pipeline, co-owned by Dominion Power and Duke Energy, runs through Virginia before entering North Carolina in Northampton County. From, there it continues another 160 miles through eight counties in eastern North Carolina, including American Indian and Black communities.
Read more.

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Citizens Take A Stand — While Governors Turn Their Backs

The governor in Virginia, North Carolina, West Virginia are whining about how they would stop the Mountain Valley or Atlantic Coast pipelines if they could. . . but they can’t.  Their hands are tied.  It’s a lie and they know it.
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Theresa "Red" Terry has planted herself in a tree in Southwest Virginia to protest construction of the Mountain Valley Pipeline. Must credit: Washington Post photo by Michael S. Williamson
Theresa “Red” Terry has planted herself in a tree in Southwest Virginia to protest construction of the Mountain Valley Pipeline. Must credit: Washington Post photo by Michael S. Williamson

Of course, they can stop a pipeline and the U.S. Supreme Court just ruled they can – again.  On April 30, 2018 the U.S. Supreme Court rejected Constitution Pipeline Co’s bid to challenge New York state’s refusal to issue a needed water permit for their project; a proposed natural gas pipeline running from Pennsylvania to New York.
Partners in the 125-mile Constitution pipeline includes Williams Cos Inc, Duke Energy Corp, WGL Holdings Inc and Cabot Oil & Gas Corp.
While the Governors whine, the citizens take a stand. Theresa Red Terry and her daughter have been living in a tree platform for four weeks. They have been enduring snowstorms, bitter cold, heavy winds and torrential rains. The land was granted to Theresa’s husbands family by the King of England in Colonial times. (Photo credit borneobulletin.com.bn)
Police are charging the Terrys with trespassing on their own land. Waiting at the base of the trees are police ready to grab them when they come down. Food and water is no longer allowed to be provided to either woman.
A company (EQT) is seeking eminent domain to seize a 125-foot-wide easement from the family. EQT has successfully petitioned for a “right to early entry” for tree felling. The company wants the court to levy stiff fines or get federal marshals to bring them down. The judge has ordered the Terrys to appear in court. She’s not leaving the tree to go to court.
Equally disturbing, EQT will locate the noisy polluting compressor station in Union Hill, VA a historical African American community. A former “Slave Cemetery” is located in the path for destruction.
The Terry family is not alone.  Property rights advocates, environmentalists and faith leaders to name a few are standing with them. But time, food and water are running out.
Virginia’s governor Northam, has the authority to protect clean water and his Department of Environmental Quality can halt pipeline construction if standards have not been met, based on a law he signed this year.
However, his own Virginia Department of Environmental Quality (DEQ) has deferred to the Trump administration’s misuse of a “nationwide” Clean Water Act permit allowing the pipelines to alter more than 1,000 streams and rivers.
The governor could make one phone call to his DEQ director and halt the project. But he has not. Instead the “salt of the earth” American family will go to court and maybe jail for defending their rights to their land, trees and environment. [/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

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Top FERC To-Do List – Gas Pipelines

Now that its quorum has been restored, one of the Federal Energy Regulatory Commission‘s top priorities will be breaking the logjam of natural gas pipeline projects needing approval that built up over the six months since the body was last able to perform its duties. 
The U.S. Senate brought FERC back to fighting shape earlier this month with the confirmation of commissioners Republicans Robert Powelson, a member of the Pennsylvania Public Utilities Commission and president of the National Association of Regulatory Utility Commissioners, and Neil Chatterjee, a senior energy policy adviser to Senate Majority Leader Mitch McConnell, R-Ky.
The two men, along with sitting Commissioner and acting Chair Cheryl LaFleur, a Democrat, give the five-member agency the three commissioners it needs to decide on any action requiring a vote.
While there’s a lot for the commission to catch up on, from projects to policy and regulatory matters, gas pipeline proposals are likely to be at the top of the list for quick action, said David Wochner, a partner at K&L Gates LLP and the firm’s policy and regulatory practice area leader.
“Pipeline infrastructure in the natural gas space … certainly provides one of the best opportunities for a newly constituted FERC,” Wochner said. “It’s an opportunity to really advance President Trump’s infrastructure initiatives, which obviously he talked about all through the campaign.”
There are five projects that are ready to be reviewed by the commission:
·        The $5 billion Atlantic Coast Pipeline, a Dominion Energy Inc. project
·        The $3.5 billion Mountain Valley Pipeline — a joint effort between EQT Midstream Partners LPNextEra Energy Inc. subsidiary NextEra US Gas Assets LLC, Consolidated Edison Inc. subsidiary Con Edison Transmission Inc., WGL Holdings Inc. unit WGL Midstream, and RGC Resources Inc. unit RGC Midstream LLC
·        The $2.2 billion Nexus Pipeline, a DTE Energy Co. and Enbridge Corp. venture
·        The $1.8 billion Mountaineer Xpress Pipeline, a TransCanada Corp. project
·        The $1 billion PennEast Pipeline, a joint effort between Southern Co. Gas subsidiary AGL ResourcesNew Jersey Resources Corp. subsidiary NJR Pipeline Co., PSEG Power LLC, South Jersey Industries Inc. unit SJI Midstream, Enbridge Corp., and UGI Corp. subsidiary UGI Energy Services LLC

All have received their final environmental impact statements from FERC and are waiting for commissioners to decide whether to issue certificates of public convenience and necessity. Those certificates, issued under Section 7 of the federal Natural Gas Act, convey the power of eminent domain to the project owners to use as they construct a pipeline along a right-of-way approved by FERC.

Wochner said he thinks the Nexus and PennEast projects are the best candidates to be handled first, saying they’re both significant infrastructure projects that should be prioritized.
Dena Wiggins, president and CEO of the Natural Gas Supply Association, said there’s no FERC meeting until September, so that would be the earliest any project could be aired in a public meeting. She said the projects could be certified “notationally,” meaning the members can vote on paper — outside of a meeting — and issue a certificate that way. But she added that’s unlikely.
“For big orders, usually staff makes a presentation to the commissioners,” Wiggins said. “Sometimes commissioners will want to make public statements.”
While the pipeline projects have made it through most of the FERC process so far, Kelly Martin, deputy director for the Sierra Club‘s Beyond Dirty Fuels campaign, said that won’t be the end of the story.
“There is major pushback from communities around use of eminent domain, especially in Virginia and in West Virginia,” Martin said. “There are landowners that don’t want their land taken through the use of eminent domain when there’s no public good in the state where they are, or any need.”
In fact, both the Mountain Valley and Nexus pipelines are the subject of new lawsuits, both targeting FERC’s authority to grant eminent domain powers to pipeline companies.
Ohio residents are suing FERC and Nexus Gas Transmission LLC, the company created by DTE and Enbridge to develop the project, alleging the pipeline will primarily export gas, disqualifying it from meeting the “necessity” component of a FERC certificate of approval. The plaintiffs say exporting gas is not a public use for purposes of the takings clause of the Fifth Amendment and is beyond the scope of the Natural Gas Act and FERC jurisdiction in cases involving eminent domain.
Separately, Virginia residents are suing FERC and Mountain Valley LLC, the company created to carry out the Mountain Valley Pipeline project, in another Fifth Amendment takings clause constitutional challenge to the eminent domain provisions of the Natural Gas Act.
Eugene Elrod, a partner at Latham & Watkins LLP, said the lawsuits show that landowners and other parties are looking for new ways to stop pipeline projects.
“If the lawsuits are successful, they would have far-reaching effects, because all pipelines that get certificates of public convenience and necessity from FERC need to exercise this power of eminent domain to condemn the property over which the pipeline will run,” Elrod said.
Martin said groups like the Sierra Club could also ask FERC to reconsider any authorizations granted on climate change or cumulative impact grounds.
“A major concern for us is the climate impacts of methane, which is released at the drilling site, from the pipelines along the way and then from a power plant, if that’s the end use,” she said.
–Additional reporting by Adam Lidgett, Michael Phillis and Keith Goldberg. Editing by Philip Shea and Katherine Rautenberg.
By Juan Carlos Rodriguez  Law360, New York (August 14, 2017, 8:48 PM EDT) —

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OHIO’s 1st Human Rights Tribunal

The first human-rights and environmental-justice hearing ever held in Ohio took place in Athens Saturday. The hearing was part of a tribunal process on impacts of fracking as a human-rights issue.
Sixteen presenters from around Ohio testified to a panel of four citizen judges at the First United Methodist Church in Athens, providing more than six hours of testimony.
The event is part of the Permanent People’s Tribunal on Fracking, which is gathering testimony from around the world to deliver to the Permanent People’s Tribunal and the United Nations.
The Athens hearing, one of two planned for Ohio, was initiated by the Buckeye Environmental Network , and organized with support from Torch Can Do!, the grassroots group founded by residents living in and near Torch in eastern Athens County, and a grant from the Center for Health, Environment, and Justice. Torch is the site of one of the largest fracking-waste injection facilities in Ohio. Read more.

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Ohio fines pipeline builder -water, air violations

Ohio’s regulators have issued a $430,000 fine against a company building a natural gas pipeline from West Virginia to Michigan. Energy Transfer is the company building the $4.2 billion pipeline. It will carry gas from West Virginia, western Pennsylvania and eastern Ohio. Energy Transfer also worked on the contentious Dakota Access pipeline. Read more.

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Increases in Infant Mortality Linked to Fracking

A new study published last week in the Journal of Environmental Protection provides new evidence that the gas extraction process of hydrofracturing, known as fracking, is harming the health of people who live near these wells. This study found that counties in Pennsylvania with higher numbers of fracking wells had higher rates of infant mortality.
The authors compared early infant mortality for the years 2007-2010 in ten Pennsylvania counties that were heavily fracked to the rates for the rest of the Pennsylvania (excluding the 10 heavily fracked counties) for the years 2003-2006 which was considered a pre-fracking period. The results showed a statistically significant 29% excess risk for newborn infants of dying during the first 28 days of life if they were born in the ten heavily fracked counties during the 4-year period following development of fracking gas wells in these counties. The early infant mortality rate for the rest of the state decreased by 2% during this same time-period. The association with infant mortality was even greater in the five northeast Pennsylvania counties of Susquehanna, Bradford, Wyoming, Lycoming and Tioga where the early infant mortality rate increased by 67%. These counties had the greatest number of fracking wells. The early infant mortality rate was increased by 18% in the five southwest Pennsylvania counties of Washington, Westmoreland, Greene, Butler and Fayette where fracking also occurred but at lesser rates.
According to the report, about 50 more babies died in these 10 counties than would have been predicted if the rate had been the same over the study period as it was for all of Pennsylvania, where the incidence rate fell over the same period. Although the study could not prove what might be causing these increases in infant mortality, the authors did observe an association between early infant mortality and the number of drinking water violations in private wells in the five northeast PA counties. This finding led the authors to state that the increase risk of early infant mortality might be related to exposure to drinking water which may be contaminated. They further noted that this contamination might be due to the release of naturally occurring radioactive material, including radium, thorium and uranium caused by underground explosions set off by the natural gas extraction process.
In closing, the authors described early infant mortality as “a flag for genetic damage, and thus represents a “miner’s canary” for other ill health effects in children and adults, particularly cancer, though there is a temporal lag in cancer between exposure and clinical expression.” While this study has its limitations, it still raises serious questions about the safety of the natural gas extraction process called fracking. To read the full study, see <http://file.scirp.org/pdf/JEP_2017042413181160.pdf>.
 

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Maryland Bans Fracking

Senate passes bill with GOP governor’s support, following six years of grassroots resistance across the state of Maryland
With game-changing support from Republican Governor Larry Hogan, the Maryland state Senate Monday night gave final approval to a bill to forever ban the practice of fracking in Maryland. The move culminates years of protests against gas fracking from landowners, health leaders, and environmentalists in the state. It also sets a nationally significant precedent as other states grapple with the dangerous drilling method.
Maryland will now become the first state in America with proven gas reserves to ban fracking by legislative action. New York has banned the drilling process via executive order. Vermont has a statutory ban but the state has no frackable gas reserves at present.
The Maryland ban is sending political waves across the East Coast and the nation. From Virginia (where leaders have imposed or proposed local bans at the county and municipal level) to the state of Florida (which is looking to follow Maryland’s statewide ban), the “keep-it-in-the-ground” movement is gaining new bipartisan steam even as President Donald Trump recklessly works to approve disastrous pipelines like Keystone XL.
“Let the news go forth to Congress and the White House: fracking can never been done safely,” said Mike Tidwell, director of the Chesapeake Climate Action Network. “The Republican governor closest to DC – Larry Hogan of Maryland – has joined scientists and health leaders in agreeing that fracking must be banned. This is a win for Marylanders and for citizens nationwide as we move away from violent fossil fuels and toward sustainable wind and solar power.”
With Senate passage late Monday night, the Maryland bill will now be sent to Gov. Hogan’s desk in the next few days for signing.
The push to ban fracking in Maryland began six years ago as gas companies swarmed into western Maryland to tap the Marcellus Shale basin. This is the same pool of gas that has been widely fracked in Pennsylvania and West Virginia with negative consequences. But then-Governor Martin O’Malley (D) imposed a temporary moratorium before any drilling occurred. Over the years, the movement for a permanent ban came to include farmers, doctors, students, faith leaders, environmental groups, and others – constituting the largest statewide grassroots movement ever seen in Maryland on an energy issue. Former member of the House of Delegates Heather Mizeur was a leading figure in sparking the statewide ban effort. With time, multiple counties and cities in the state banned fracking locally and public polling consistently showed growing support for a statewide ban. Finally, earlier this month, with overwhelming support among Democratic lawmakers, even the previously pro-fracking Republican governor saw the wisdom of a ban.
The Chesapeake Climate Action Network has been honored to play a leading role in this campaign along with our friends in the Don’t Frack Maryland Coalition, including Food and Water Watch, Citizen Shale, Engage Mountain Maryland, the Sierra Club, the Maryland League of Conservation Voters, Physicians for Social Responsibility and many others.