Quantcast
Energy
The Atlantic Coast Pipeline proposes to cross 15 miles of the George Washington National Forest. USDA Forest Service

Federal Ruling on Controversial Pipeline May Halt Construction

Opponents of the controversial Atlantic Coast Pipeline, which would carry fracked natural gas from West Virginia through Virginia's Highland Country and into North Carolina, won a reprieve Tuesday when a federal appeals court invalidated a U.S. Fish and Wildlife Service (FWS) review of the pipeline, The Richmond Times-Dispatch reported.

The ruling was issued by the 4th U.S. Circuit Court of Appeals based in Richmond, VA and agreed with environmental groups and their lawyers that the incidental take statement made by the FWS, which limits the number of endangered species that can be killed during construction and operation of a project, was not clear enough in the case of the pipeline.


"We conclude, for reasons to be more fully explained in a forthcoming opinion, that the limits set by the agency are so indeterminate that they undermine the incidental take statement's enforcement and monitoring function under the Endangered Species Act," the judges wrote, according to the Richmond Times-Dispatch.

The case was argued by the Southern Environmental Law Center on behalf of the Sierra Club, Defenders of Wildlife and Virginia Wilderness Committee. The pipeline opponents argued that the ruling meant the pipeline had to halt construction.

"This fracked gas project has been proven to be perilous to our health, our communities, and wildlife, and now, thanks to tonight's ruling, must be stopped," Sierra Club attorney Nathan Matthews said in a press release.

But Dominion Energy, the company leading pipeline construction, disagreed with that interpretation of the ruling. "[W]e will continue to move forward with construction as scheduled," Dominion Energy director of communications Jen Kostyniuk said in an email obtained by U.S. News and World Report.

The pipeline could harm eight threatened or endangered species, including the Roanoke logperch and Indiana and Northern long-eared bats, The Richmond Times-Dispatch reported.

Southern Environmental Law Center attorney D.J. Gerken explained the decision in more detail. According to Gerken, the FWS had said a "small percent" of threatened or endangered species could be killed during the pipeline's construction without ever defining what that percent was.

"A small percent would never get triggered because nobody knows what it is," he told The Richmond Times-Dispatch "This is an unnecessary and destructive project. And sending them back to the drawing board is a necessary step to asking those fundamental questions about whether we need it," he said.

According to the Richmond Times-Dispatch, the Atlantic Coast Pipeline is one of two pipelines in the region that has sparked opposition in the past year due to concerns about their impact on mountain streams and springs, the use of fracking to obtain the gas, the need for more fossil fuel infrastructure given the threat of climate change and the use of eminent domain to force the hand of landowners who didn't want the pipeline traversing their property.

Opponents of the other pipeline, the Mountain Valley Pipeline, resorted to tree-sitting in April to try and stop its progress.
Show Comments ()

EcoWatch Daily Newsletter

Sponsored
Animals
Mom and baby West Indian manatees in Three Sisters Springs, Florida. James R.D. Scott / Getty Images

Florida Manatee: 10% of Population Could Be Wiped Out This Year

2018 has not been a good year for Florida's iconic manatees. A total of 540 sea cows have died in the last eight months, surpassing last year's total of 538 deaths, according to figures posted Monday by Public Employees for Environmental Responsibility (PEER).

The figure will likely climb higher before the year's end amid the state's ongoing toxic algae crisis. The red tide in the state's southwest is the known or suspected cause of death for 97 manatees as of Aug. 12, the Florida Fish & Wildlife Conservation Commission recently reported.

Keep reading... Show less
Health
SOPA Images / Getty Images

Walmart Joins Ranks of Retailers Pulling Toxic Paint Strippers From Shelves – When Will EPA Follow Suit?

By Sarah Vogel

Monday, Walmart announced that it will stop selling paint strippers containing methylene chloride or N-methylpyrrolidone (NMP) in stores by February 2019—making it the first general merchandise retailer to take such action. Walmart's announcement follows the strong leadership demonstrated by Lowes, Home Depot and Sherwin Williams, all of which have committed not to sell methylene chloride- and NMP-based paint stripping products by the end of the year. Importantly, Walmart's action goes beyond its U.S. stores, including those in Mexico, Canada and Central America, as well as their online store.

Keep reading... Show less
Animals
Seal #108, left, and a small pup named "Premie" swim up to the edge of their pool for their 3 p.m. feeding at the Marine Mammals of Maine rehabilitation center on Aug. 14. Brianna Soukup / Portland Press Herald via Getty Images

New England Seal Die-Off Could be Linked to Chemical Pollution

Researchers think a mysterious die-off of seals along the Maine coast could be linked to chemical pollution, the Portland Press Herald reported Sunday.

More than 400 dead or stranded seals have washed up on the Maine coast so far this year, more than in any of the past seven years, according to National Oceanic and Atmospheric Administration (NOAA) statistics.

Keep reading... Show less
Renewable Energy
Looking towards Livadia harbour on the Greek island of Tilos. Getty Images

Greek Island to Be First in Mediterranean to Power Itself With Only Wind and Solar

The Greek island of Tilos is set to be the first in the Mediterranean to power itself entirely with wind and solar power, The Associated Press reported Sunday.

The final tests of a new system that will allow the island to power itself with batteries recharged by a solar park and 800-kilowatt wind turbine are taking place this summer, and the system is expected to go live later this year.

Keep reading... Show less
Sponsored
Oceans
Wikimedia Commons / CC BY 3.0

Please Stop Flushing Your Contact Lenses

Contact lenses may appear harmlessly soft and small, but a big chunk of American users are improperly disposing their used lenses and adding to the planet's microplastic problem, Arizona State University researchers found.

In a survey of 409 wearers, about 1 in 5 responded that they flushed their used lenses down the toilet or sink instead of throwing them in the trash, according to a new study presented at the American Chemical Society's National Meeting and Exposition.

Keep reading... Show less
Health

Cell Phones in Schools? France Says No, San Francisco Educators Urge Caution

By Olga Naidenko

As the school year begins, the movement to exercise caution in students' use of cell phones and other wireless devices is gaining international momentum.

Keep reading... Show less
Sponsored
Climate
Breakthrough

'We Are Climbing Rapidly Out of Humankind's Safe Zone': New Report Warns Dire Climate Warnings Not Dire Enough

By Jon Queally

Offering a stark warning to the world, a new report out Monday argues that the reticence of the world's scientific community—trapped in otherwise healthy habits of caution and due diligence—to downplay the potentially irreversible and cataclysmic impacts of climate change is itself a threat that should no longer be tolerated if humanity is to be motivated to make the rapid and far-reaching transition away from fossil fuels and other emissions-generating industries.

Keep reading... Show less
Popular
Pxhere

Trump Power Plant Plan Will Significantly Increase CO2 Pollution

The Trump administration is expected on Tuesday to propose a major rollback of the Clean Power Plan, President Obama's signature climate policy.

The replacement will relax rules for coal-fired plants and will very likely increase air pollution and planet-warming carbon dioxide emissions.

Keep reading... Show less
Sponsored

mail-copy

The best of EcoWatch, right in your inbox. Sign up for our email newsletter!