Pipeline Safety Concerns And Radioactive Waste, This West Virginia Morning

On this West Virginia Morning, the Mountain Valley Pipeline failed a water pressure test in Virginia earlier this month and the Pipeline Safety Trust is urging federal regulators to take a close look at the failure. Also, in this show, we hear about radioactive waste in the Marcellus Shale fields, one of the country’s largest natural gas producing formations.

On this West Virginia Morning, the Mountain Valley Pipeline failed a water pressure test in Virginia earlier this month and the Pipeline Safety Trust is urging federal regulators to take a close look at the failure.

Also, in this show, we hear about radioactive waste in the Marcellus Shale fields, one of the country’s largest natural gas producing formations.

West Virginia Morning is a production of West Virginia Public Broadcasting, which is solely responsible for its content.

Support for our news bureaus comes from Shepherd University.

Emily Rice produced this episode.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

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.

PSC Chair: EPA Rules Would Threaten W.Va. Power Plant Upgrades

PSC Chair Charlotte Lane said U.S. Environmental Protection Agency rules would jeopardize hundreds of millions of dollars of investments in the state’s coal fleet.

The chair of the West Virginia Public Service Commission (PSC) has joined the effort to block new federal power plant rules.

PSC Chair Charlotte Lane said U.S. Environmental Protection Agency (EPA) rules would jeopardize hundreds of millions of dollars of investments in the state’s coal fleet.

In 2021, the PSC approved $448 million in upgrades to three Appalachian Power plants to comply with EPA regulations in place at the time. The company’s electricity customers are paying the cost, and the upgrades were supposed to keep the plants operating through 2040.

EPA’s new rules will require them to capture 90 percent of their carbon dioxide or shut down.

In a brief to the U.S. District Court of Appeals in Washington, D.C., Lane wrote that carbon capture would be too expensive and the plants would shut down several years earlier than planned.

That would make the investments the PSC approved in 2021 “unnecessary white elephants burdening the ratepayers of West Virginia,” Lane wrote.

In an unsigned order Friday, the D.C. Circuit denied an application for an administrative stay on the power plant rules by Republican states, including West Virginia.

Appalachian Power is an underwriter of West Virginia Public Broadcasting.

Water, Sewer Providers Must Assess Security Risks As Cyberattacks Rise

The Public Service Commission of West Virginia is requiring all water and sewer providers in the state to complete cybersecurity assessments, following an uptick in cyberattacks nationally.

In late 2023, reports of foreign cyberattacks targeting local water systems across the United States spurred calls for providers to strengthen their cyber protections nationwide.

Now, the Public Service Commission of West Virginia (PSC) announced it will require all water and sewer utility providers across West Virginia to complete cybersecurity investigations.

The investigations require providers to assess their cyber risks, with financial support from federal agencies like the U.S. Department of Homeland Security.

Water and sewer systems will also be required to develop long-term cybersecurity plans, and appoint an employee to oversee plan compliance.

“This is a seriously developing problem across the nation and the Public Service Commission wants to be in the forefront of helping assure the safety of data concerning utilities and their customers,” PSC Chairman Charlotte Lane said in a press release Thursday. “These attacks are widespread and will become more common, we fear, as we rely more and more on computers in our daily lives and in running our businesses.”

The PSC-prompted investigations mark another step in a months-long effort to reinforce water system cybersecurity in West Virginia as cyberattacks have continued to rise nationally.

In January, the Office of Environmental Health Services (OEHS) — part of the West Virginia Department of Health Bureau of Public Health — began coordinating cyberattack prevention initiatives with water providers across the state.

OEHS also coordinated with the U.S. Environmental Protection Agency to spread awareness about free cybersecurity assessments offered by the federal agency.

Water and sewer providers in West Virginia will be required to complete their investigations by July 15 — 60 days after the PSC order was released.

W.Va. Receives Nearly $30 Million To Plug Abandoned Oil, Gas Wells

Abandoned oil and gas wells can leak pollutants into groundwater, surface water and the air. But a new $30 million investment aims to clean up these hazards across West Virginia.

Abandoned oil and gas wells can leak pollutants into groundwater, surface water and the air. But a new federal investment aims to clean up these hazards across West Virginia.

The United States Department of the Interior (DOI) awarded West Virginia nearly $29.2 million Monday. The funds are part of a national effort to clean up legacy pollutants, which are environmental hazards left behind by industrial activity.

West Virginia’s funds will plug roughly 200 orphaned oil and gas wells, while also bringing new employment opportunities to the state.

“I’ve seen firsthand the urgent need to address these hazardous sites, many of which are actively leaking oil and releasing methane gas,” said Deb Haaland, United States secretary of the Interior, in a Monday press release.

In 2022, the DOI granted the state an initial $25 million to get the plugging process started. DOI officials hope the new funds will advance that effort and reduce the state’s overall leakage of greenhouse gasses.

“These investments are good for our climate, for the health of our communities, and for American workers,” Haaland said.

Pipeline Problems, Student Protests And A Voter’s Guide, This West Virginia Morning

On this West Virginia Morning, a pipeline safety watchdog said federal regulators “should be on notice” about a pressure test failure on the Mountain Valley Pipeline earlier this month.

On this West Virginia Morning, a pipeline safety watchdog said federal regulators “should be on notice” about a pressure test failure on the Mountain Valley Pipeline earlier this month.

Plus, students at West Virginia University’s Morgantown campus demonstrated in support of Palestine for the second time in as many weeks. Reporter Chris Schulz covered the protest from downtown Morgantown.

With the May 14 primary election fast approaching, nonprofit newsroom Mountain State Spotlight has created a statewide voter’s guide. West Virginia Public Broadcasting’s News Director Eric Douglas spoke with Editor-in-Chief Ken Ward about the guide and how to access it.

West Virginia Morning is a production of West Virginia Public Broadcasting which is solely responsible for its content. 

Support for our news bureaus comes from Shepherd University.

Appalachia Health News is a project of West Virginia Public Broadcasting with support from Marshall Health.

West Virginia Morning is produced with help from Bill Lynch, Briana Heaney, Chris Schulz, Curtis Tate, Emily Rice, Eric Douglas, Jack Walker, Liz McCormick, and Randy Yohe.

Eric Douglas is our news director. Teresa Wills is our host. Chris Schulz produced this episode.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

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