‘That’s All They Care About, Putting This Pipe In The Ground’

After a decade of planning and construction, residents of Bent Mountain, Virginia, said they still worry the Mountain Valley Pipeline could affect their safety, their water quality and their property values.

It isn’t easy to get a clear view of where the Mountain Valley Pipeline burst during a water pressure test in early May.

So Robin Austin, who lives nearby, guides a reporter through the woods where the Blue Ridge Parkway connects to U.S. highway 221.

At the edge of the fence, a giant trench comes into view. It is filled with workers and heavy construction equipment. They’re replacing the damaged section of pipe that burst on May 1.

“This is a site where we’ve had water problems in the past,” she said. “Just the topography of the land and the way this watershed is. It runs off. It’s a wetland right against 221. And it enters the culverts and goes to the streams.”

The day the pipe broke, Austin called her neighbor, Kathy Chandler, and told her brown water was pouring across her property. Chandler reported it to the Virginia Department of Environmental Quality.

That’s how the public first knew that the pipeline test had failed. The federal agencies that regulate pipelines said little about the incident. But on June 11, they approved the pipeline to begin carrying large volumes of gas, at high pressure, from West Virginia to Virginia.

“Once the gas is in the line, we don’t have any control now,” Austin said, “but at least we have action we can take.” 

Chandler, Austin and other Bent Mountain residents have been fighting the project for a decade. 

Last month at the Bent Mountain Center, a converted school building, they said they still worry the pipeline could affect their safety, their water quality and their property values.

“I don’t want to be known as the girl with the muddy creek,” Chandler said. “That is an issue for us up here. Horrible, repeat events to our water, our surface waters. But the real life-threatening event for our neighborhood is that a pipe split open under pressure.”

Equitrans Midstream, the builder of the Mountain Valley Pipeline, has repeatedly insisted that the failed pressure test poses no safety risks. On May 10, Todd Normane, an Equitrans senior vice president and general counsel for the pipeline, wrote to the Federal Energy Regulatory Commission that the incident demonstrated that the testing worked. He criticized pipeline opponents for asking the commission to delay or deny its approval to begin service.

John Coles Terry III and his wife, Red Terry, in Bent Mountain, Virginia, on Friday, May 10, 2024.

Photo by Curtis Tate/West Virginia Public Broadcasting

Uphill Battle

Bent Mountain sits on a plateau just inside Roanoke County. It is about 17 miles, and 30 minutes down a twisting road to Roanoke, the most populated city in southwest Virginia.

Coles Terry, who lives in Bent Mountain with his wife, Theresa, or “Red,” said he’s not convinced local emergency response agencies have the materials or a plan for a fire should the pipeline fail again. Bent Mountain residents are miles away from a municipal water connection. Most rely on wells and springs.

“If it does catch fire,” Coles Terry said, “the county has got $50,000 worth of foam, somewhere.”  

“They won’t tell us where,” Red Terry said.

“They won’t tell us where,” Coles Terry said. “They won’t tell us how they plan to get it up here. They won’t tell us how they plan to get it where the fire is raging.”

Coles Terry, his brother Frank and sister Liz were part of a court-ordered settlement of more than $500,000 for the pipeline easement on their property. A U.S. district judge cut the award in half, but the Fourth U.S. Circuit Court of Appeals last month ruled the Terrys should receive the higher amount

U.S Sen. Joe Manchin

Manchin’s Move

The Terrys were among hundreds of residents the pipeline builder sued to gain access to their land via eminent domain. Many tried to challenge the decision by FERC to grant the pipeline the authority to use eminent domain, but were ultimately not successful.

Pipeline opponents had been successful in challenging the project’s permits, bringing construction to a halt for prolonged periods.

That all changed a year ago, when Congress enacted the Fiscal Responsibility Act, a spending deal that required the completion of the pipeline.

One of the pipeline’s chief supporters, West Virginia Sen. Joe Manchin, a Democrat turned Independent, attached the provision to the bill.

“This is a great day for American energy security and an even greater day for the state of West Virginia,” Manchin said at the end of July last year after construction resumed on the pipeline.

According to Chandler, Austin and Terry, it resumed at a pace they had not seen before.

“If this is a matter of national security, then it should be the safest pipeline in the country,” Chandler said. “It should absolutely be the tip-top safest. And with this recent event, that cannot be assured.”

Kathy Chandler, a resident of Bent Mountain, Virginia, looks at the site of a failed pressure test on the Mountain Valley Pipeline near her property.

Photo by Curtis Tate/West Virginia Public Broadcasting

‘We’re just the landowners’

Austin and Chandler showed some other places in the area where the pipeline crosses farms and wetlands and also where it begins to ascend steep slopes.

Chandler says the topography and geology of Bent Mountain makes it a risky place to build a pipeline.

“Bent Mountain plateau, our neighborhood, has every geohazard known to pipeline construction,” Chandler said. We have the steepest slopes, we have rocky soil, we have highly erodible soils, we have water crossings, we have shallow water, we have a seismically active zone.

Coles Terry says the pipeline’s builder and its regulators haven’t listened to residents’ concerns. 

“We’re just the landowners,” he said. “Everything we said would happen has happened. Everything we told them was bad and wrong has come true. We’ve had people way smarter than me come in and tell them the same thing. But the pipeline, the MVP, the companies, they have one job, one job, that’s to put the pipe in the ground. That’s all they care about, putting this pipe in the ground.”

They wrote letters, they made phone calls, they attended public meetings. They visited lawmakers in Richmond and Washington. In Red Terry’s case, she camped out in a tree in 2018 until a judge threatened to fine her $1,000 a day.

The residents have taken time away from their families to campaign against the pipeline and have lost loved ones along the way. They say it has also affected their health.

“My blood pressure will never be normal again,” Coles Terry said.

In some places, the break in the landscape is so subtle, you wouldn’t even know a major piece of fossil fuel infrastructure was just below the surface. The Mountain Valley Pipeline might not be visible, but it is on the minds of the people of Bent Mountain.

Supreme Court Won’t Hear Landowners’ Eminent Domain Case Related To Mountain Valley Pipeline

The Supreme Court has declined to take up another appeal from a group of landowners challenging the use of eminent domain by developers of the Mountain Valley Pipeline. The decision comes as many await a decision by the Federal Energy Regulatory Commission on whether the pipeline can begin service by May 23. Developers have asked to begin running gas in the pipeline by June.

This story was originally published by Roxy Todd for Radio IQ.

The Supreme Court has declined to take up another appeal from a group of landowners challenging the use of eminent domain by developers of the Mountain Valley Pipeline. The decision comes as many await a decision by the Federal Energy Regulatory Commission on whether the pipeline can begin service by May 23. Developers have asked to begin running gas in the pipeline by June.

The Supreme Court’s rejection of the Bohon case brings to a close the years-long effort by the six landowners in Montgomery, Franklin and Roanoke Counties. They had argued the use of eminent domain on the for-profit pipeline project was unconstitutional.

“That’s our home,” said Cletus Bohon, one of the landowners who filed the case. “It just shouldn’t be legal for them to come in and take our property like that if we’re not willing to settle with them.” Bohon spoke with Radio IQ last year.

Cletus Bohon is pictured standing on his property near Poor Mountain in Roanoke County, Virginia.

Photo Credit: Mia Yugo

In a statement issued May 20, after the Supreme Court’s decision, Yugo wrote, “I think what’s important for the public to know is that no court anywhere has ever held that we are wrong on the merits. Nor has the Supreme Court today said that we are wrong.” She added that she expects to see cases with similar issues emerge again. “It is only a matter of time before the merits issue resurfaces again at the high court. As eminent domain abuse in America continues to run rampant, we predict that day is likely to come sooner rather than later,” Yugo said.

Last year, the Supreme Court sent the case back to a lower court for reconsideration, which dismissed it. The nation’s highest bench has now declined to take it up again.

The Bohon case is one of numerous lawsuits environmental groups and landowners have filed against MVP.

Last year, Senator Manchin of West Virginia inserted a section into the Fiscal Responsibility Act mandating the federal government to issue MVP authorization to finish the pipeline. That order also directed any pending cases before the U.S. Fourth Circuit Court of Appeals to be vacated. The Bohon case’s appeal before the Supreme Court was active since it was appealed to the higher court.

The company building the MVP, EQT, says the cost of the pipeline is $7.85 billion. The pipeline was originally estimated to cost $3.5 billion, and the company initially planned to have an in-service date in 2018.

Appeals Court Restores Jury Award In Mountain Valley Pipeline Case

The Fourth U.S. Circuit Court of Appeals in Richmond, Virginia, decided in favor of a family whose land was condemned to build the controversial 303-mile natural gas pipeline.

A federal appeals court has reinstated a larger jury verdict for some landowners affected by the Mountain Valley Pipeline.

The Fourth U.S. Circuit Court of Appeals in Richmond, Virginia, decided in favor of a family whose land was condemned to build the controversial 303-mile natural gas pipeline.

A jury awarded the Terry family of Roanoke County, Virginia, more than $500,000 for an eight-acre easement taken by the pipeline’s builder.

A U.S. district judge then reduced the award to $261,000.

In a decision published on Tuesday, a three-judge panel reversed the district court’s judgment.

The decision comes as Equitrans Midstream, the pipeline’s builder, is working furiously to complete the project and has requested federal permission to begin operating by June 1.

The pipeline failed a water pressure test near the Terry property in Roanoke County on May 1.

State and local officials and residents have asked the Federal Energy Regulatory Commission to deny the pipeline approval to begin operating.

Natalie Cox, a spokeswoman for Equitrans Midstream, said while the company believes the district judge was correct, “we look forward to concluding this outstanding issue and securing a final resolution in this matter.”

Appeals Court Again Rejects Suit Against Mountain Valley Pipeline

The U.S. Court of Appeals for the District of Columbia Circuit ruled Tuesday that the Virginia landowners cannot sue developers of the Mountain Valley Pipeline for taking their land through eminent domain.

 A federal appeals court has again rejected a bid by Virginia landowners to challenge the construction of a natural gas pipeline.

The U.S. Court of Appeals for the District of Columbia Circuit ruled Tuesday that the Virginia landowners cannot sue developers of the Mountain Valley Pipeline for taking their land through eminent domain.

The same court had earlier rejected the landowners’ case, but the U.S. Supreme Court sent it back for further review.

The Federal Energy Regulatory Commission issued a siting certificate to the pipeline’s builders in 2017. It enabled them to use eminent domain to acquire property for the 303-mile pipeline.

The $7.2 billion project is over its original budget and past its scheduled completion. When finished in the coming months, it will transport as much as two billion cubic feet of gas a day.

Man Straps Self to Machine to Protest Pipeline

Authorities have arrested a protester who strapped himself to construction equipment at a Mountain Valley Pipeline site in West Virginia.

News outlets report state police haven’t released details about the Monday arrest at the Lindside site. The man was strapped that morning to the equipment roughly 20 feet above the ground with a sign that said “No pipelines on stolen land.”

Authorities arrested him by late that afternoon. A group of protesters also gathered in a nearby parking lot with signs asking to stop the pipeline.

The Mountain Valley Pipeline is a 300-mile (483-kilometer) natural gas pipeline that is being constructed in West Virginia and Virginia and has used eminent domain to acquire project space.

Pipeline developers recently submitted an application to extend pipeline into North Carolina.

Landowners Ask Supreme Court to Hear Mountain Valley Case

A group of landowners along the path of the Mountain Valley Pipeline in Virginia and West Virginia is asking the U.S. Supreme Court to hear an appeal in their eminent domain lawsuit against federal regulators and developers.

The plaintiffs filed a petition this week asking the high court to reverse a decision by the 4th U.S. Circuit Court of Appeals. That court over the summer affirmed the ruling of a lower-court judge who didn’t rule on the case’s constitutional issues but dismissed them, saying she lacked jurisdiction.

The landowners argue that taking their property for the 303-mile natural gas pipeline through eminent domain is an unconstitutional land grab.

It’s uncertain if the Supreme court will hear the case, although attorneys for the landowners are hopeful. The court agrees to hear oral arguments in only about 80 of the approximately 8,000 cases filed each year.

Work on the approximately $4.6 billion project is underway. Pipeline developers plan to have it operating by the end of next year.

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