The pipelines are NOT a done deal.
As of August 2018, the ACP has not yet received full certification of its state water permits and does not have the state air permits required for its compressor station in Virginia. A court vacated ACP’s permit involving construction in areas that would result in killing endangered species, preventing construction in those areas indefinitely. A court also vacated the ACP’s National Park Service permit for construction across the Blue Ridge Parkway. Construction has not started at all for the ACP in Virginia, and a notice of violation for water quality protection failures has already been issued to ACP in the pre-construction phase.
A court vacated the MVP’s Army Corp of Engineers NWP12 permit in West Virginia, where the entire beginning half of the MVP is supposed to run, indefinitely halting construction near water crossings. A temporary stop work on the pipeline and notice of violation has already occurred in Virginia due to multiple failures of water protection measures and MVP breaking the law by using inadequate water protection measures. A court vacated the permits required for the MVP to be constructed in National Forests, and the Federal Energy Regulatory Commission (FERC) has now issued a temporary stop work order along the entirety of the MVP. Neither pipeline is even close to the schedule the pipeline companies originally intended.
These rulings by the courts and the vacating of permits prove that the regulatory process has failed already in permitting these pipelines. Governor Ralph Northam’s Department of Environmental Quality has full authority under Section 401 of the Clean Water Act, as well as under a new state law, to stop work on the pipelines. The State Water Control Board can vote at its meeting on August 21, 2018 to revoke the 401 certification permits for the pipelines, preventing them from being constructed at all in Virginia. It is, now more than ever, imperative to demand they do so and to fight these pipelines in order to stop the environmental racism involved, protect water and environment for future generations, stand with the communities impacted, and stand against the corporate erosion of our democracy. Now is the time to get involved!