Associated Press, Author at West Virginia Public Broadcasting

Justices Revive Permit For Pipeline Under Appalachian Trail

The Supreme Court sided with energy companies and the Trump administration Monday in reinstating a critical permit for a proposed natural gas pipeline that would cross under the Appalachian Trail.

The justices ruled 7-2 to throw out a lower court ruling that had canceled the permit for the Atlantic Coast Pipeline. It would bring natural gas from West Virginia to growing markets in Virginia and North Carolina. Its supporters say the pipeline would bring economic development, thousands of jobs and reduced energy costs for consumers.

Justice Clarence Thomas wrote for a majority of the court that the “Forest Service had the authority to issue the permit here.” Justices Sonia Sotomayor and Elena Kagan dissented.

Other legal issues remain before construction of the pipeline could begin. The narrow question before the Supreme Court was whether the U.S. Forest Service has the authority to grant rights-of-way through lands crossed by the Appalachian Trail within national forests, as project developers Dominion Energy and Duke Energy and the Trump administration argued.

The pipeline would run in part through the George Washington National Forest, where a 0.1-mile segment of the pipeline would cross about 600 feet (about 183 meters) beneath the Appalachian Trail.

The Sierra Club and other environmental groups had argued that because the 2,200-mile (3,540-kilometer) scenic trail from Georgia to Maine is considered a unit of the National Park System, no federal agency can grant a right-of-way for the pipeline. They say only Congress can approve such a crossing.

The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals agreed with the environmentalists in 2018 and threw out a special-use permit for the 605-mile (974-kilometer) natural gas pipeline. The appeals court relied on a century-old law, the 1920 Mineral Leasing Act, in finding that the Forest Service does not have authority to grant rights-of-way for pipelines on federal land in the National Park System.

The project has had numerous setbacks since plans were first announced in 2014. Legal challenges brought by environmental groups have prompted the dismissal or suspension of eight permits and halted construction for more than a year.

The project is more than three years behind schedule and its original price tag has nearly doubled to $8 billion.

Dominion says the pipeline will bring a critical new gas supply to Virginia and North Carolina to support the shift away from coal and toward intermittent natural resources like solar. The company also says greater availability of natural gas will attract manufacturing businesses.

Environmental groups say the pipeline would scar pristine landscapes, put numerous rivers and streams at risk of increased sedimentation and harm sensitive species.

West Virginia Mothman Festival Postponed Due To Virus Outbreak

An annual festival that commemorates a local legend about a “Mothman” in West Virginia has been postponed due to the coronavirus pandemic.

If the festival honoring the legend of the red-eyed creature’s sightings in Point Pleasant was held this September as previously scheduled, it would “be subpar and lackluster to what has been built over the last 18 years,” organizers for the event said on Facebook while announcing the change Thursday. The festival has now been moved to September 2021.

Admission to the event held in downtown Point Pleasant is free to the public and features live music and cosplay. Visitors have to pay a fee to see the Mothman Museum and for some attractions, according to the festival.

Federal Prison Staffer Tests Positive At McDowell Lockup

A staffer at the federal prison in McDowell County has tested positive for the coronavirus.

Data on the federal Bureau of Prisons website this week said the employee works at FCI McDowell, a medium security facility in southern West Virginia with around 1,100 inmates. The case marks another federal prison in the state with reported coronavirus cases.

At least five inmates have tested positive at FCI Gilmer in Glenville after the Bureau of Prisons transferred 124 inmates to the lockup in a bid to ease overcrowding at the agency’s other prisons.

Federal and state politicians opposed the transfers when they were announced and then renewed their criticism after the first positive case emerged at Gilmer. U.S. Sen. Joe Manchin has said Attorney General William Barr has assured him that no additional inmates will be relocated to Gilmer or the federal prison at Hazelton.

MSHA: Death At W.Va. Mine Caused By Lack Of Safety Policies

A federal investigation released Tuesday found that a lack of safety procedures at a West Virginia mine led to a contractor being fatally run over by a trailer earlier this year.

The federal Mine Safety and Health Administration said the death of 50-year-old James Campbell at the Federal No 2 Mine in Morgantown happened because his company didn’t have effective safety and communication policies.

MSHA’s report said Campbell, a maintenance supervisor with Country Roads Transportation, was at the mine to load a rock truck on February 27. He was run over while in the blind spot of a tractor and trailer.

Country Roads Transportation has developed and trained employees on safety procedures that include communicating and keeping clear of mobile equipment when it is engaged, according to the report.

Last Day To Register To Vote In W.Va. Primary Is May 19

West Virginia residents who are eligible to vote have another week to register to vote in the primary.The state's primary election was moved to June 9,…

West Virginia residents who are eligible to vote have another week to register to vote in the primary.

The state’s primary election was moved to June 9, and Secretary of State Mac Warner said in a news release said voters should also make sure their registration information is correct, including new address for anyone who has moved.

Registration or checking current registration can be handled online at GoVoteWV.com.

For the primary this year, registered voters can vote in person during early voting or on Election Day at a polling location, or by absentee ballot. All registered voters are permitted to use an absentee mail-in ballot under the “other medical reason” excuse due to the coronavirus.

Anyone voting for the first time since registering in their county must include with their absentee ballot a government document with the voter’s name and address or the ballot must be made provisional.

The last day to register to vote in the primary is May 19. In-person voting begins May 27 and ends June 6. Election Day is June 9.

Environmental Groups To Sue State Over W.Va. Coal Fund

Environmental groups announced Monday that they plan to sue the West Virginia Department of Environmental Protection over what they say is the agency’s failure to adhere to federal reporting requirements for a coal mine reclamation fund.

The West Virginia Highlands Conservancy, Ohio Valley Environmental Coalition and the Sierra Club filed a notice of a pending lawsuit. The groups said in a news release that the DEP failed to notify the U.S. Office of Surface Mining Reclamation and Enforcement if significant funding or budget changes were to affect the enforcement and administration of the special reclamation fund.

Money from the reclamation fund is used to complete mine reclamation when the amount of bonds that are forfeited by companies are less than the actual cost of reclamation. Most of the funding for the special reclamation fund comes from a tax of 27.9 cents on each ton of clean coal mined in the state.

The groups allege the state now considers the fund to be dramatically underfunded and unable to cover the costs of coal mine reclamation.

DEP acting spokesman Terry Fletcher said the agency was viewing the notice and he declined further comment Monday.

The DEP in March sued a company that acquired more than 100 mining permits from Patriot Coal Corp.’s 2015 bankruptcy. Most of the permits are in West Virginia and others are in Kentucky, Illinois and Tennessee.

The DEP said the company, ERP Environmental Fund Inc., laid off all of its employees, ceased operations and abandoned its mining sites. The DEP is seeking to have a special receiver appointed to assume control of the company’s assets to assure compliance with environmental laws.

The environmental groups’ notice said the DEP indicated in its lawsuit that the special reclamation fund would be overwhelmed if it were to take responsibility for ERP’s permits. The notice claims the state now considers the reclamation fund to be dramatically underfunded and unable to cover the costs of coal mine reclamation.