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.”

Watchdog: Feds Should Look At Mountain Valley Pipeline Rupture

A section of pipe burst during hydrostatic testing on May 1 at Bent Mountain, Virginia, releasing large volumes of municipal water and sediment into streams and on nearby properties.

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

A section of pipe burst during hydrostatic testing on May 1 at Bent Mountain, Virginia, releasing large volumes of municipal water and sediment into streams and on nearby properties.

The incident was initially reported to the Virginia Department of Environmental Quality by a landowner. It took days for state and federal regulators, as well as the pipeline’s builder, to publicly address the incident.

The Pipeline Safety Trust, a nonprofit advocacy group, wrote to the Federal Energy Regulatory Commission on Friday requesting that the agency seek more information about the failed test.

Equitrans Midstream, the company building the 303-mile, 42-inch natural gas pipeline, has asked FERC for approval to begin operations by the end of the month.

The pipeline is intended to convey 2 billion cubic feet of gas a day from West Virginia to Virginia.

A group of 18 Virginia lawmakers asked FERC to deny the approval following the failed test.

The pipeline watchdog, while stopping short of calling for FERC to deny the approval, said the regulator should seek more information about the failure at Bent Mountain and others from the company and its federal regulator, the Pipeline and Hazardous Materials Safety Administration.

“Pipeline Safety Trust believes that FERC should be on notice about this failure, and that it should request more information from both MVP and PHMSA about this test and other hydrotests conducted on all segments of the pipe,” the letter said.

The pipeline builder has an agreement with PHMSA, part of the U.S. Department of Transportation, dating to October that requires it to fix any problems with sections of pipe that were exposed to weather and sunlight for prolonged periods.

The pipeline’s opponents, including environmental groups and landowners, have noted that exposure to the elements can degrade the pipe’s corrosion-resistant coating.

Landowners in the Bent Mountain area said the failed section of pipe was installed in 2018.

“It should also seek information about the remedial actions taken for this segment and whether MVP has taken care to ensure that similar weaknesses or abnormalities are addressed in a manner that meets PHMSA’s safety standards,” wrote the Pipeline Safety Trust’s Erin Sutherland, policy and program director/counsel, to FERC.

The Pipeline Safety Trust was founded after a fatal 1999 gasoline pipeline explosion in Bellingham, Washington. Its executive director, Bill Caram, testified to the House Transportation and Infrastructure Committee earlier this month as Congress considers a bill to reauthorize PHMSA.

In a letter to FERC also dated Friday, Equitrans Midstream’s Todd Normane, senior vice president and legal counsel, wrote the failed test demonstrated the safety practices the company is following.

“It is important for the public to know that Mountain Valley is committed to the safe and responsible construction and operation of the MVP project,” the letter said, “and hydrostatic testing is one component of a robust inspection and testing process designed to ensure system integrity.”

Residents Near Mountain Valley Pipeline Say Details Are Scarce

In spite of assurances from builders of the Mountain Valley Pipeline that it’s ready for service, some residents of a Virginia community want more answers.

In spite of assurances from builders of the Mountain Valley Pipeline that it’s ready for service, some residents of a Virginia community want more answers.

At Bent Mountain, Virginia, construction crews are working on the Mountain Valley Pipeline to begin operation in the next few weeks.

It’s been several days since a section of the pipe burst during testing, releasing water, not the large volume of natural gas it’s intended to carry.

Residents reported the sediment-laden water in creeks and on property on the morning of May 1 to the state’s Department of Environmental Quality.

It took nearly a week for the pipeline’s builder and state and federal agencies to respond to West Virginia Public Broadcasting’s questions about the pipeline failure. People who live near the pipeline have encountered similar frustrations.

Robin Austin, a Bent Mountain resident who’s been monitoring the nearly $8 billion project for a decade, says so many agencies are involved, it’s hard to know where to go for information.

“It’s really complicated,” she said. “You’ve got all these agencies. That’s a whole other problem. You don’t know who to send stuff to when you think something’s going on or you’d like information, so that makes it really challenging to get information.”

Austin says the pipeline’s builder, Equitrans Midstream, resumed hydrostatic testing – pressure testing with water – on Tuesday night, after repairing the damaged pipe.

The company says 269 miles of the 303-mile pipeline across two states – West Virginia and Virginia – have been successfully tested.

Equitrans has asked federal regulators for permission to begin operating the pipe by the end of the month. Landowners, including Austin, have doubts about whether it’s ready. 

“We want our community to be safe. If this has got to be here, it’s got to be safe,” Austin said. “That’s why we’ve observed for all these years. We’ll continue to do it. We’ll continue to do it if and when the gas is running through it.”

Tate reported from Bent Mountain, Virginia.

A Week After Mountain Valley Pipeline Burst, Builder Says Testing Works

Initially, the only way the public knew about the incident was because a landowner reported the sediment-laden water had inundated her property to the state’s Department of Environmental Quality.

A week after a section of the Mountain Valley Pipeline ruptured during testing, its builder says the failure shows the testing is working as designed and intended.

Part of the pipe burst on May 1 at Bent Mountain in Roanoke County, Virginia, releasing an unknown quantity of municipal water used to pressure test the line.

Initially, the only way the public knew about the incident was because a landowner reported the sediment-laden water had inundated her property to the state’s Department of Environmental Quality.

For days, the pipeline’s builder and the state and federal regulators supervising the project said little about the rupture.

On Wednesday, Natalie Cox, a spokeswoman for Equitrans Midstream, said the company notified state and federal regulators about the rupture and that the released water had dissipated by the next day.

“There were no injuries reported, and all appropriate state and federal agencies were notified,” she said. “By Thursday morning, the released water had dissipated and temporarily affected tributaries had returned to pre-hydrotesting conditions.”

Cox said the company has resumed hydrostatic testing of the pipeline, including where it ruptured, and has successfully completed the process on 269 miles of the route.

Cox added that no other sections had failed and that last week’s failure proves the testing works. The damaged section will be sent to a laboratory for analysis, she said.

“Importantly, the disruption of this one hydrotest does, in fact, demonstrate that the testing process is working as designed and intended,” she said.

The 303-mile, 42-inch diameter pipeline, which stretches from Wetzel County, West Virginia, to Pittsylvania County, Virginia, has been one of the most contested fossil fuel infrastructure projects of recent years.

The pipeline’s construction began in 2018 and was periodically paused because of court challenges. Last year, Congress required, as part of a spending deal, that the pipeline be completed.

If the Federal Energy Regulatory Commission approves the pipeline to begin operating in the coming weeks, the $7.85 billion project will have more than doubled in cost.

Equitrans Midstream has asked FERC to approve the pipeline’s operation by May 23. On Wednesday, a group of 18 Virginia lawmakers sent FERC a letter asking them to deny the request.

Since October, the Mountain Valley Pipeline has been under an agreement with the Pipeline and Hazardous Materials Safety Administration to ensure sections of pipe maintained their integrity after they were exposed to weather during the long pauses in construction activity.

Pipeline opponents warned the exposure may have degraded the pipe’s corrosion-resistant coating.

When it starts operating, the pipeline will carry as much as 2 billion cubic feet a day of gas.

Tate reported this story from Floyd, Virginia.

Federal, State Agencies Quiet About Mountain Valley Pipeline Failure

Groups that oppose the Mountain Valley Pipeline say last week’s failure in Roanoke County, Virginia, shows the risks the project poses to communities and property.

This story has been updated with comment from the Virginia Department of Environmental Quality.

The state and federal regulatory agencies that oversee the Mountain Valley Pipeline have said little about a rupture last week during a pressure test.

Groups that oppose the Mountain Valley Pipeline say last week’s failure in Roanoke County, Virginia, shows the risks the project poses to communities and property.

Because it is undergoing testing now, Wednesday’s rupture only released water. But the pipeline’s builder, Equitrans Midstream, has asked federal regulators for permission to begin operations at the end of this month.

West Virginia Public Broadcasting asked the company for comment and has yet to receive a reply. We also reached out to the principal state and federal agencies that oversee the project.

The Federal Energy Regulatory Commission and the Pipeline and Hazardous Materials Safety Administration have not replied.

After this story was first published, Irina Calos, a spokeswoman for the Virginia Department of Environmental Quality, said the breach occurred at 10 a.m. on May 1, during hydrostatic testing of the pipe.

“A section of pipe ruptured during this test, and municipal water used in the testing was discharged through the rupture,” she said.

Equitrans Midstream has removed the accumulated sediment, she said. She added that the incident would not affect any state permit approvals.

The public initially became aware of the incident because it was reported to a state database by a landowner.

Jessica Sims, Virginia field coordinator for Appalachian Voices, says her group has received very little information about the pipeline’s failure.

“Much more of a response would be helpful for community members to understand what happens now, what happens next,” she said, “What does this mean for the testing schedule? What does this mean for the overall integrity of the project?”

If FERC approves Equitrans Midstream’s application, 2 billion cubic feet of gas a day could be moving through the 303-mile pipeline next month from West Virginia into Virginia.

Had the rupture occurred then, the public would know much more about what happened and why. For example, the National Transportation Safety Board investigated a 2012 gas pipeline explosion in Sissonville, West Virginia, producing a detailed report.

But Sims says the state agency in Virginia doesn’t even publicly say when testing on the MVP will occur. She also says Freedom of Information Act requests to PHMSA, a small agency within the U.S. Department of Transportation, are taking months to complete.

She says state and federal regulators need to be more transparent.

“If there is a problem, how will the community know what has happened?” Sims asked. “And what is the plan in place to communicate that?”

Mountain Valley Pipeline Bursts During Pressure Testing In Virginia

A landowner observed sediment-laden water in her pasture on Wednesday morning and reported it to the Virginia Department of Environmental Quality.

A section of the Mountain Valley Pipeline ruptured during pressure testing Wednesday in Roanoke County, Virginia, according to a report from the state’s environmental agency.

A landowner observed sediment-laden water in her pasture on Wednesday morning and reported it to the Virginia Department of Environmental Quality.

The agency sent a construction compliance expert to investigate the origin of the water.

“The origin of the sediment-laden water reported in the complaint was from the rupture of a section of pipe during hydrostatic testing the morning of 5/1/2024,” wrote the expert, John McCutcheon.

The 300-mile MVP is undergoing pressure testing with water in anticipation of beginning operations later this month.

MVP’s builder, Equitrans Midstream, has asked the Federal Energy Regulatory Commission for permission to put the natural gas pipeline in service after May 23.

The company entered an agreement with the U.S. Pipeline and Hazardous Materials Safety Administration last year to ensure sections of pipe that had been exposed to the elements had not lost their corrosion-resistant coating.

Court challenges led to long pauses in construction until Congress last year required the project’s completion.

In its first quarter earnings report Tuesday, Equitrans Midstream said the project’s cost had increased to $7.85 billion, more than twice the original estimate.

McCutcheon’s report indicated that crews were preparing the site of the rupture for repairs.

Exit mobile version