Judge Awards Atlantic Sunrise Pipeline Builder Rights to Seize Last 5 Holdout Properties, Including Nun's Land
24 August 2017
Energy
A speaker at a chapel constructed by opponents of the Atlantic Sunrise Pipeline in a cornfield owned by the Adorers of the Blood of Christ.
Builders of the Atlantic Sunrise Pipeline now possess the five remaining holdout properties in Lancaster County, Pennsylvania, following a federal judge's decision Wednesday.
The ruling from Judge Jeffrey Schmehl granted Transcontinental Pipe Line Co.'s (Transco) motion to condemn the rights of way on the properties and granted the company immediate possession of the land, Lancaster Online reports. This includes land owned by the Adorers of the Blood of Christ near the town of Columbia.
<p style="">The order of Catholic nuns consider the <a href="https://www.ecowatch.com/fracking/" target="_blank">fracked</a> gas pipeline—a project of Oklahoma-based pipeline developer and Transco owner Williams Partners—a violation of their beliefs and environmental values.<br></p><p style="">Last month, the Adorers and their fellow pipeline opponents built <a href="https://www.ecowatch.com/nuns-atlantic-pipeline-2456748409.html" target="_blank">an open-air chapel</a> on a strip of the nun's farmland where the pipeline is set to go through to fight the fossil fuel company's efforts to seize the land. <br></p><p><span></span>"We are disappointed that the federal judge today made the decision to condemn the rights of way and grant immediate possession of
<a href="http://adorers.org/pipeline/" target="_blank">our (and others') property in Lancaster County</a> to the Transcontinental Pipe Line Co. for the Atlantic Sunrise gas pipeline project," the nuns said in a statement.
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"We will be evaluating our next steps."
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<span></span>Williams Partners said the chapel does not have to be removed immediately but will eventually have to be relocated before pipeline construction.
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Dwight Yoder, a lawyer for the nuns, declined Lancaster Online's request to comment on Wednesday's ruling but noted the limited right for appeal in eminent domain cases.
</p><p style="">Meanwhile, the nuns' lawsuit against the Federal Energy Regulatory Commission is still pending. The nuns claim that the interstate natural gas pipeline violates their rights under the Religious Freedom Restoration Act, as it "places a substantial burden on their exercise of religion by taking their land, which they want to protect and preserve as part of their faith, and forces the Adorers to use their land in a manner and for a purpose they believe is harmful to the Earth."
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<span></span>The four other condemned properties are in the Conestoga and Manor townships. They are owned by Stephen Hoffman, Hilltop Hollow Partnership, Blair and Megan Mohn and Lynda Like, none of whom have granted easements for right of way for pipeline construction.
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According to a statement issued by Williams Partners, the judge's order means pipeline construction can begin in a timely fashion "pending receipt of the last remaining state and federal clearances expected in the coming weeks."
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"We now have possession of the last remaining right of ways needed for the project," the statement continued. "As we move closer to construction, we are committed to continuing the dialogue we've established, treating all of our Atlantic Sunrise landowners with respect and courtesy throughout the construction process and once the pipeline becomes operational.
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"It is important to stress that landowners still retain ownership of their property and are fairly compensated for the easement. The easement only gives us the limited right to install and operate the pipeline. Use of the land, with certain limitations, can remain the same as before construction."
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Hundreds show up to nuns' chapel dedication to oppose Atlantic Sunrise Pipeline. David Jones/Facebook
An order of Catholic nuns and the grassroots coalition Lancaster Against Pipelines have built an open-air chapel in Columbia, Pennsylvania along the proposed route of the Atlantic Sunrise Pipeline to stall construction of the $3 billion project.
The St. Louis-headquartered Adorers of the Blood of Christ own a strip of land in Pennsylvania where the pipeline is set to go through.
<p>
The nuns consider the <a href="https://www.ecowatch.com/fracking/">fracked</a> gas pipeline, a project of Oklahoma-based pipeline developer Williams Partners, a violation of their beliefs and environmental values, <a href="https://www.upi.com/Top_News/US/2017/07/08/Nuns-protest-gas-pipeline-by-building-chapel-on-proposed-route/8201499556861/" target="_blank">UPI</a> reported.
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"The Adorers received a request from the grassroots coalition, Lancaster Against Pipelines, to install and use, and to invite other people of faith to use, a portable prayer 'chapel' on their land," the Adorers said in a <a href="http://adorers.org/wp-content/uploads/2016/04/Adorers-Pipeline-Statement.pdf" target="_blank">statement</a>. "The hope is that the structure can draw people to prayer and reflection about just and holy uses of land."
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The simple wooden alter was constructed on a grove just feet from where the pipeline would cut through a corn field, <a href="http://www.huffingtonpost.com/entry/5962e952e4b08f5c97d06afe" target="_blank">explained</a> Karen Feridun, a founding member of <a href="https://paagainstfracking.org/" target="_blank">Pennsylvanians Against Fracking</a> and founder of <a href="http://gastruth.org/" target="_blank">Berks Gas Truth</a>.
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The 180-mile Atlantic Sunrise Pipeline is an expansion of the existing 10,200-mile Transco pipeline network. <a href="https://www.ecowatch.com/atlantic-sunrise-pipeline-2303144277.html" target="_blank">According</a> to the <a href="http://www.sierraclub.org/" target="_blank">Sierra Club</a>, the project would clear cut its way through 10 Pennsylvania counties, impacting 2,000 acres of forested land and crossings hundreds of wetlands and water bodies. The proposed route includes nearly 200 miles of new pipeline which would supply gas exports out of Maryland and gas plants in North Carolina and Florida.
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<span></span>The Federal Energy Regulatory Commission approved the pipeline earlier this year and ruled that Williams Partners has the right to construct, maintain and operate the pipeline on the private land.
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"While we respect the rights of people to protest, we view this simply as another blatant attempt to impede pipeline construction," Christopher Stockton, a Williams Partners spokesman told UPI about the Adorers' makeshift chapel.
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The company has since filed an emergency court order to seize the nuns' land and build the pipeline. A judge has scheduled a court hearing for July 17.
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<span></span>The nuns noted in their statement that the federal court's order of eminent domain, once it goes into effect, can allow Transco to call for the removal of the chapel. But they believe that "having this structure on their land, for however long, gives tangible witness to the sacredness of Earth."
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On Sunday, Lancaster Against Pipelines held a "Stand With the Sisters" ceremony to dedicate the chapel.
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"It's not about money, it's about principle. And the nuns have a land ethic that says this Earth is a sanctuary and we regard it as sacred, and we're going to work to protect it," Mark Clatterbuck of the Lancaster Against Pipelines group
<a href="http://www.cnn.com/2017/07/08/us/nuns-protest-pipeline-trnd/index.html?sr=twCNN070917nuns-protest-pipeline-trnd0107PMStory" target="_blank">told</a> CNN affiliate WGAL-TV.
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Atlantic Sunrise pipeline map courtesy of Williams, via NPR StateImpact
By Itai Vardi
A recent intensification in protests against Williams Partners' planned Atlantic Sunrise pipeline in Pennsylvania prompted a state senator to propose legislation aimed at limiting demonstrations.
Last month, Pennsylvania Sen. Scott Martin (R-Norman) announced his intention to introduce legislation that would pass the costs of law enforcement responding to protests onto the demonstrators. Martin also helped introduce a different bill that would criminalize protests at natural gas facilities.
<p>A DeSmog investigation has found, however, that Martin is intimately tied to an obscure group of lobbyists recently hired by Williams Partners.</p><p><strong>State Legislators Against Pipeline Protestors</strong></p><p>The Tulsa, Oklahoma-based Williams Partners plans to construct the Atlantic Sunrise pipeline through its subsidiary, Transco. The $3 billion 200-mile project, which would transport fracked gas from the state's northern shales southward to the company's interconnecting pipeline systems, received federal approval earlier this year but still requires several state permits.</p><p>Grassroots and citizen opposition to the pipeline, which has been ongoing since the project's original proposal in 2014, has intensified in recent months. In February, activists built an <a href="https://stateimpact.npr.org/pennsylvania/2017/02/17/atlantic-sunrise-pipeline-opponents-begin-encampment/" target="_blank">encampment</a> on the planned route near Conestoga in Lancaster county, which Scott Martin represents.</p><p>Led by the group <a href="https://www.facebook.com/lancasteragainstpipelines/" target="_blank">Lancaster Against Pipelines</a>, they signaled their willingness to engage in nonviolent direct action.</p><p>Yet in early May, a day after <a href="http://www.senatorscottmartinpa.com/2017/05/05/protest-preparation-seminar/" target="_blank">arranging</a> a conference call between local first responders and North Dakota law enforcement officials who dealt with the <a href="http://www.ecowatch.com/tag/dakota-access-pipeline">Dakota Access pipeline</a> protests, Martin published a <a href="http://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20170&cosponId=23839" target="_blank">legislative memo</a> detailing his plan to propose a bill penalizing protestors. The memo, which directly referenced the Dakota Access pipeline demonstrations, is aimed at "shielding taxpayers against the additional costs resulting from protests." Martin is currently seeking cosponsors for his legislation.</p><p class="shortcode-media shortcode-media-twitter_embed"></p><div id="9111a" class="rm-shortcode" data-rm-shortcode-id="HG5EOC1498313125"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="877914357413302276" data-partner="rebelmouse"><div style="margin:1em 0">Dallas Goldtooth: The Fight Against DAPL Is Not Over https://t.co/Jc3qjn8yyt #NoDAPL #StandWithStandingRock</div> — IndigenousEnviroNet (@IndigenousEnviroNet)<a href="https://twitter.com/IENearth/statuses/877914357413302276">1498146068.0</a></blockquote></div><p></p><p>Two weeks earlier, Martin was among a group of senators advancing a <a href="http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2017&sessInd=0&billBody=S&billTyp=B&billNbr=0652&pn=0752" target="_blank">bill</a> sponsored by Sen. Mike Regan (R-Carroll Township) seeking to essentially criminalize civil disobedience and other forms of demonstrations at critical infrastructure sites, including gas pipelines and facilities. According to the bill, those who "impede or inhibit" the operations of the facility will be charged with a felony, face imprisonment and pay hefty fines. </p><p><strong>Williams Hires Secretive Group with Ties to Sen. Martin</strong></p><p>A recent disclosure by Transco to the Federal Energy Regulatory Commission (FERC) revealed that last year the company hired an entity generically called the Pennsylvania Advocacy Group LLC.</p><p class="shortcode-media shortcode-media-rebelmouse-image"><img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy85OTI0MzY2L29yaWdpbi5wbmciLCJleHBpcmVzX2F0IjoxNjM0NTIzMTUwfQ.tEy31bp3gJ38-5NVdlsWBI49Dq4HNaL7WhLFQvwonfI/img.png?width=980" id="d6058" class="rm-shortcode" data-rm-shortcode-id="14a571f0f40599a768285c538bcefe93" data-rm-shortcode-name="rebelmouse-image"><small placeholder="add caption..." class="image-media media-caption">From Transco's latest financial report to FERC, showing a payment to Pennsylvania Advocacy Group LLC</small></p><p>State corporate records reveal that Pennsylvania Advocacy Group <span style="background-color: initial;">LLC</span> was created in 2014 by five lobbyists from two different firms: <a href="http://novakstrategic.com/alan-novak/" target="_blank">Alan Novak</a>, <a href="http://novakstrategic.com/angela-leopold/" target="_blank">Angela Leopold</a> and <a href="http://novakstrategic.com/dan-hayward/" target="_blank">Dan Hayward</a> from Novak Strategic Advisors, and David Feidt and Michael Musser from Community Networking Strategies <span style="background-color: initial;">LLC</span>.</p><p>Novak, Leopold, Hayward and Feidt are also long-time top Pennsylvania Republican operatives. Musser runs a political action committee that supports politicians from both parties.</p><p>Although it does not have a website, state corporate records indicate that Community Networking Strategies is a subsidiary of the Harrisburg-based legal and lobbying firm <a href="https://www.mcneeslaw.com/" target="_blank">McNees, Wallace & Nurick</a>. While Community Networking Strategies is not officially registered as a lobbying firm in Pennsylvania, state disclosure records show that McNees, Wallace & Nurick is currently lobbying for several fossil fuel entities, including Gulf Oil Ltd, Industrial Energy Consumers of Pennsylvania and Sunoco Logistics. </p><p>Scott Martin is closely tied to Community Networking Strategies. According to his state senate financial disclosures, Martin worked at Community Networking Strategies immediately before starting his tenure as legislator in January.</p><p>Disclosing a position of "vice president," Martin described his professional activities in the company as "business development." The address he provided on the disclosure matches McNees, Wallace & Nurick's address for the firm's Lancaster Pennsylvania branch.</p><p class="shortcode-media shortcode-media-rebelmouse-image"><img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy85OTI0MzgzL29yaWdpbi5wbmciLCJleHBpcmVzX2F0IjoxNjMzNDM5NjYyfQ.wuZaNt8Wc3kMBdb8YjVVQ7ZpZQC9RhpSqs-LY7pxX_I/img.png?width=980" id="f7170" class="rm-shortcode" data-rm-shortcode-id="3ea74de93ef12ca72c78feaca627ad2a" data-rm-shortcode-name="rebelmouse-image"><small placeholder="add caption..." class="image-media media-caption">From Pennsylvania Sen. Scott Martin's financial disclosure, showing his work for the lobbying firm Community Networking Resources, a subsidiary of McNees, Wallace & Nurick</small></p><p>Martin's LinkedIn <a href="https://www.linkedin.com/in/scott-martin-a1b2755" target="_blank">profile</a> states that he worked for Community Networking Strategies between January 2016 and January 2017.</p><p><strong>Community Networking Resources Fundraises for Sen. Martin</strong></p><p>Apart for its business lobbying, Community Networking Resources also engages in political campaigning. According to Pennsylvania campaign finance records, in recent years the company has provided political support and fundraising services—including for Martin.<br></p><p>Michael Musser, whose two hats include Community Networking Resources and Pennsylvania Advocacy Group, runs a PACcalled <a href="https://www.campaignfinanceonline.pa.gov/pages/CFAnnualTotals.aspx?Filer=2008059" target="_blank">Better Government for PA</a>. A review of the PAC's records show that since 2008 it has contributed over $36,000 to Martin's PAC, Friends of Scott Martin. At the same time, Friends of Scott Martin <a href="https://www.campaignfinanceonline.pa.gov/pages/ShowReport.aspx?ReportID=135575&isStatement=0&is24Hour=False" target="_blank">hired</a> Musser's Community Networking Resources on several occasions for fundraising services when Martin served as Lancaster County commissioner.</p><p>Lobbyist David Feidt, also of both Community Networking Resources and Pennsylvania Advocacy Group, is <a href="https://www.pavoterservices.pa.gov/ElectionInfo/CommitteeInfo.aspx?ID=3340" target="_blank">registered</a> as the treasurer of Better Government for PA PAC. </p><p>By contracting with Pennsylvania Advocacy Group, Transco can potentially benefit from its deep ties to the state's GOP. From the Novak Strategic Advisors side of the firm, Alan Novak is former chairperson of the Pennsylvania Republican Party, while Dan Hayward served as the party's executive director. Angela Leopold served in the past in the Republican State Committee of Pennsylvania.</p><p>From the Community Networking Resources side, David Feidt currently serves as chairperson of the Dauphin County Republican Committee. Feidt's twitter account continuously promotes the use of natural gas, including <a href="https://twitter.com/davefeidt/status/819190834893615104" target="_blank">support</a> for the Atlantic Sunrise pipeline.</p><p>In a conversation with DeSmog, Michael Musser confirmed that Pennsylvania Advocacy Group was formed jointly by the firms Community Networking Resources and Novak Strategic Advisors, but said his involvement in the company is minimal. He referred DeSmog to Dan Hayward from Novak Startegic Advisors. Hayward did not reply to several requests for comment. A spokesperson for Transco did not provide comment, either. </p><p>Martin denies his previous work for Community Networking Resources had any effect on his legislative efforts concerning pipeline protests. In an email to DeSmog, Martin responded to a series of questions:</p><p><strong>Have you ever provided work for Transco as part of Pennsylvania Advocacy Group and/or in any other capacity?</strong></p><p>"I have never provided work for Transco in any capacity and haven't done work for Pennsylvania Advocacy Group." </p><p><strong>As senator, were you ever contacted by employees of Pennsylvania Advocacy Group and/or Community Networking Resources and/or Novak Strategic Advisors in relation to Transco's gas projects?</strong></p><p>"As Senator, I was never contacted by these groups in relation to Transco's gas projects."</p><p><strong>Did your ties to Community Networking Resources have any effect on your recent legislative efforts related to pipeline protesting? </strong></p><p>"No, Community Networking Resources had no effect or involvement on my protestor legislation being worked on. I started that initiative to try to be proactive in our community having seen the aftermath and costs of the NDAPL protests. Having been heavily involved with Emergency Management as a commissioner and concerned about costs and impacts on our community is what motivated me to look at this legislation."</p><p><strong>Do you currently receive any compensation from Community Networking Resources and/or its parent firm, McNees, Wallace & Nurick?</strong></p><p>"I receive no compensation from any source except for my job as State Senator."</p><p><strong>Can you describe your relationship with Mike Musser of Community Networking Resources? According to state campaign finance records, Musser's PAC contributed to your PAC in the past, while Community Networking Resources provided political consulting and fundraising for your PAC. </strong></p><p>"Mike helped organize my annual fundraisers throughout my time as county commissioner. I was employed by CNR [Community Networking Resources] for a year after I left being a county commissioner, before starting with the Senate."<br></p><p><em>Reposted with permission from our media associate <a href="https://www.desmogblog.com/2017/06/22/exclusive-pa-lawmaker-working-curb-pipeline-protestors-tied-shadow-lobbyists-company-behind-project" target="_blank">DeSmogBlog</a>.</em></p>
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