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.

WVPB's John Nakashima Wins Lifetime Achievement Award

John Nakashima, a longtime senior television producer and director with West Virginia Public Broadcasting, has won the Lifetime Achievement Award at the Virginias Associated Press Broadcasters Awards ceremony at The Greenbrier Resort today. The WVPB news team also won seven first and two second place awards.

“I’m honored to receive this Lifetime Achievement Award, but I’m certainly not finished,” Nakashima said. “What an experience for my body of work to be recognized up to this point and for the wonderfully warm congratulations I received from the Virginias Associated Press Broadcasters. I’m now looking forward to making as many documentaries as I can as long as I can.”

Nakashima has produced, directed, shot, written, and edited documentaries and music programs for public television in the Mountain State since 1977. His work explores West Virginia culture in the widest sense — including visual and performing arts, traditional and modern culture, historical documentaries, and contemporary issues. This Lifetime Achievement Award joins other awards for Nakashima, including multiple Regional Emmys, a Citizen of the Year distinction, and West Virginia Filmmaker of the Year 2013, to name a few.

Butch Antolini, WVPB’s interim director, said Nakashima has much to be proud of. “John Nakashima’s filmmaking legacy is impressive, and all of us at West Virginia Public Broadcasting are glad he’s been recognized by such a prestigious group as the Virginias Associated Press Broadcasters,” Antolini said. “We’re also quite proud of the many awards brought home by the news team.”

Members of WVPB’s news team won awards in categories from Best Spot News to Best Investigative Reporting. Andrea Billups serves as news director for the statewide public media outlet.

“From features to in-depth reporting, and spot news to editorials, these awards showcase the depth of strong journalism that occurs at West Virginia Public Broadcasting,” Billups said. “We are incredibly proud of our work, proud to be journalists in this era, and proud to have support from our many listeners and followers across the state and region. We are all invested in doing the kind of work that elevates and shines a light on issues facing our state.”

WVPB winners in the Radio I Metro division include:

Best Spot News
First Place, Dave Mistich for “There’s an Endpoint: First Group in West Virginia Vaccinated for COVID-19

Best Documentary or In-Depth
First Place, Roxy Todd, Mason Adams and Jessica Lilly for “Finding a Way Forward
Second Place, Trey Kay and Kyle Vass for “Us & Them: Without a Home Can You Be a Good Neighbor?

Best Light Feature
Second Place, Emily Allen for “Wrestlers and Fans Venture ‘Out of the Darkness’ With Drive-In Show

Best Editorial or Editorial Series
First Place, Trey Kay for “Us & Them: Let Us Bind Up the Nation’s Wounds.”

Best Specialty Reporting
First Place, Caitlin Tan for “Folktales and Music Bring to Life the West Virginia/Welsh Connection.”

Best Investigative Reporting
First Place, Dave Mistich and Brittany Patterson for “Coal Operator Who Fought Against Black Lung Regulations Files for Black Lung Benefits.”

Best Radio News Anchor
First Place, Jessica Lilly for “Appalachian Strength in the Face of a Pandemic.”

Best Mountain State Heritage
First Place, Zack Harold for “A Family Cultivates Tradition With a Nearly-Forgotten Tomato.”

During the organization’s annual meeting, Eric Douglas, WVPB’s assistant news director, was elected to the board of directors and will serve alongside Jessica Lilly.

WVPB’s former intern from West Virginia University, Duncan Slade, won a $1,500 scholarship.

Inside Appalachia, Us & Them Win National Awards

Two award-winning West Virginia Public Broadcasting programs — Inside Appalachia and Us & Them — can each add a Public Media Journalists Association 2020 Award to their lists of achievements.
 

Inside Appalachia, WVPB’s weekly news magazine show, which broadcasts to the world the beautiful complexities of life here, won second place in the Audience Engagement Program category for its episode, “Without Enough Support, Working Moms Struggle to Make Breastfeeding Work.” Roxy Todd is the show’s producer. She had help on this episode from Appalachia Health News Reporter Kara Lofton, Assistant News Director Glynis Board and Associate Producer Eric Douglas.
 

Credit WVPB
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WVPB
For this story, host Trey Kay visited the protest line at West Virginia’s only center that offers affordable access to abortion to see if people can talk across this divisive topic. He also sat down with Margaret Chapman Pomponio, executive director of West Virginia Free, and Karen Cross, the political director for the National Right to Life Committee. This story won a second-place Public Media Journalists Association 2020 Award in the Podcast category.

Us & Them won second place in the Podcast category for its episode, “Abortion Divides.” The podcast is a joint project of WVPB, PRX and Trey Kay Productions that explores all sides of the cultural issues that too often divide us with the intent to make us rethink our opinions and bridge divides. Trey Kay is the podcast and radio show’s creator and host. Marisa Helms co-produced this episode.

Executive Director Chuck Roberts said he’s proud of the work that goes into both programs.

“We continue to see great things come out of each of these programs,” Roberts said. “Inside Appalachia brings our region to the world, and Us & Them continues to take on divisive topics in a way that promotes conversation rather than confrontation. We are so proud of these programs and the talented people behind them.”

At its first-ever Virtual Awards Gala, PMJA announced the awards for work done in calendar year 2019.  WVPB’s awards were given in Division A, which includes organizations with reporting staffs of eight to 15 people, for stories published/aired in 2019. The awards recognize the best work in public media journalism from across the country.  Stations compete against others with similar sized newsrooms. Overall, judges reviewed nearly 1300 entries.

PMJA is an association representing those responsible for the day-to-day direction, reporting and editing of local public media newsrooms with the mission to enhance news and information services and programming throughout public media.

Jessica Lilly and Roxy Todd – Featured Speakers at WV Wesleyan Conference

Jessica Lilly and Roxy Todd, two of West Virginia Public Broadcasting’s award-winning reporters, will be keynote speakers at The ENGAGE Conference of Leadership for Change.   The conference will be held on Saturday, March 25, at West Virginia Wesleyan College in Buckhannon, WV.

Jessica and Roxy have won numerous awards for their journalism and storytelling.  In particular, one 2015 episode called “Inside Appalachia: When Strangers Take Our Picture”, won the best Documentary from the Regional Associated Press, and a Murrow award for best documentary.

Roxy Todd is a producer for Inside Appalachia.

The conference is geared toward high school and college students who are passionate about developing their leadership skills to affect positive social change in their communities.  

Roxy Todd is a producer for Inside Appalachia. She’s originally from Tennessee and moved to West Virginia in 2010 to work as an AmeriCorps VISTA volunteer, collecting oral histories for a project called Traveling 219. She has worked for West Virginia Public Broadcasting since 2014. She lives in Charleston, West Virginia.  

Jessica Lilly covers southern West Virginia for West Virginia Public Radio and is the host and producer of Inside Appalachia. A lifelong southern West Virginian, she graduated from Concord University, where she now teaches part time.  Jessica is also the faculty advisor to Concord University’s radio station, WVCU LPFM, a station she was instrumental in launching.  She lives in Athens, West Virginia

For more information and to register, click here.

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