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On hold: Dominion faces pipeline permit problems

All is quiet along the proposed path of the 600-mile Atlantic Coast Pipeline, now that five federal permits have either been thrown out or put on hold.

A vote on a permit that would allow a 54,000-horsepower pipeline compressor station to be built in Buckingham’s historic African American community of Union Hill, on a former slave plantation, has now been deferred twice by the Air Pollution Control Board.

“If they had voted in favor of the permit the other week, it would have been a riot up in there,” says Pastor Paul Wilson, who leads the Union Hill and Union Grove Baptist churches.

Anti-pipeline activists in Buckingham have called Dominion’s plans to build one of three ACP compressors in that community a stark example of environmental injustice and racism, and have alleged that when looking for a sparsely populated place to build, the energy giant intentionally erased a large percentage of the Buckingham population in its application to the Federal Energy Regulatory Commission.

The number FERC used in its final environmental impact statement on the ACP was 29.6 people per square mile in the area surrounding the pipeline’s path in Buckingham. Dominion asserts that number was provided by the U.S. Census Bureau, but residents say it was off by about 500 percent.

At a December 19 meeting, the State Air Pollution Control Board again kicked the can down the road by rescheduling the compressor station vote for January 8, when it has declared that public comment from attendees—like the 150 concerned citizens who showed up last month—won’t be accepted.

“From what I’m seeing, unless the [previous] comments changed peoples’ minds on the board, it appears that Dominion will probably get that air permit,” says Wilson. After this story went to press, the board voted unanimously to approve the permit, but Wilson says, “the pipeline can still be stopped.”

In fact, construction—which never started in Virginia—has been halted along the entire 600-mile route from West Virginia into North Carolina as other legal battles play out.

The Southern Environmental Law Center is involved in several of the cases and represents a small coalition of local conservation groups.

SELC attorney Greg Buppert notes a December 13 decision handed down by the U.S. Court of Appeals for the Fourth Circuit that threw out a U.S. Forest Service permit that would have allowed the ACP to cross two national forests and the Appalachian Trail.

Buppert says, “Dominion doubled down” by proposing a route—and nearly all of its alternatives—that went through the same point on the trail because it thought it could get around requirements that apply to national parks.

“It gambled the project on this one location,” says Buppert. “I think the decision sends the route and the company back to the drawing board.”

Dominion spokesperson Aaron Ruby says 56 other oil or gas pipelines already cross the trail. Dominion is appealing the ruling—and he’s confident it will prevail.

“Opponents’ tactics in the courts are not doing anything to provide additional protection of the environment,” he said in a December 13 statement. “They are only driving up consumer energy costs, delaying access to cleaner energy, and making it harder for public utilities to reliably serve consumers and businesses.”

While Forest Service employees were initially very skeptical of that permit, they decided to approve it, and the court called their decision “mysterious.”

“Part of the story in that case was several years of concern about the Atlantic Coast Pipeline from the Forest Service, and then political pressure from Washington caused the agency to back down on its concerns,” says Buppert. “Dominion went to political appointees to bend the rules for the Atlantic Coast Pipeline. With that kind of gamesmanship, the company shouldn’t be surprised that a federal court has thrown out its permit.”

As Pastor Wilson puts it, “Dominion is trying to beat out the clock.” He adds, “This thing is costing more money each day.”

Dominion’s Ruby told the Washington Post that the once-$6.5 billion project is now looking like $7 billion. His company has had to lay off or delay hiring 4,500 construction workers, and the pipeline that was once scheduled to be fully built by the end of the year is now looking at a mid-2020 completion. Ruby did not respond to multiple requests for comment.

The SELC also has plans to challenge the pipeline’s entire approval permit because of what Buppert calls “mounting evidence” that it isn’t necessary to meet future energy needs.

“That evidence is significant enough that it’s getting the attention of important elected officials,” says Buppert. He mentions a January 2 newsletter from Delegate David Toscano, in which the legislator compares the ACP to an old automobile in need of a valve job: “It is leaking serious oil, suffers by comparison to newer, more advanced models, and even if it can be made roadworthy, you and I will pay the bill for decades.”

Toscano also notes in his letter that a recent filing from the State Corporation Commission said Dominion’s projections of demand for electricity and gas “have been consistently overstated,” and that existing pipelines are sufficient to meet future needs.

“It’s hard to justify a load forecast prediction that shows aggressive energy demand growth when the actual numbers for the last 10 years are flat,” says Buppert. “It’s an issue that we’ve worked on for a long time, and I think the data and the facts have caught up with Dominion.”

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In brief: City complaint app, UVA sexits, bus fires and more

Got a complaint? The city has an app for that.

MyCville. Ever heard of it? We hadn’t, either, until the city encouraged residents to digitally report their delinquent neighbors who hadn’t shoveled sidewalks following the recent dumping of about a foot of snow on Charlottesville.

There’s nothing like a (mostly) unexpected snowstorm to put the town into a tizzy. Last week, city residents entered 47 snow-related requests on the app, according to city spokesperson Brian Wheeler.

MyCville is an online and smartphone program that allows users to request services, “identify quality of life and environmental issues,” and report them, according to the city’s website.

Nearly 1,000 requests have been entered since MyCville launched in April, and 96 percent of all requests made since November 30 are complete, according to Wheeler. They were submitted by 231 users, who were able to track the status of their requests from the app.

The majority of requests, or 183 of them, have been for overgrown landscapes, according to Wheeler. Trailing closely behind at 136? Dead animals. And litter comes in third with 119.


Quote of the week

“We trust the United States Forest Service to ‘speak for the trees, for the trees have no tongues.’” —The 4th U.S. Circuit Court of Appeals quoted the Lorax in a ruling that blocks the Atlantic Coast Pipeline from crossing the Appalachian Trail and two national forests.


In brief

John Casey. Cramer Photo

Casey quits

National Book Award winner and longtime UVA English professor John Casey resigned after a disciplinary review panel found evidence that he inappropriately touched undergrad student Lisa Schievelbein in 2001, called his behavior “reprehensible,” and recommended he be fired. The panel did not find evidence that the pair’s repeated sexual liaisons were without her consent, as Schievelbein claimed. Casey, 79, insisted the affair was consensual, but “regrettable,” the Washington Post reports.

Darden settles

Research associate Carla Manno claims she was asked about her sex life and marriage history in a 2016 job interview with an adjunct professor at the Darden School of Business, and that the school retaliated against her when she filed a Title IX complaint. The school settled with her for $26,000, and she’s leaving her position December 31.

Exit Chinn

Mike Chinn. S&P

S&P wunderkind Mike Chinn, president of S&P Global Market Intelligence, says he’s out effective January 2. Chinn started at SNL when he was fresh out of UVA, in 1994, and was CEO when S&P acquired the company in 2015. According to S&P, Chinn, who pulled down nearly $3 million last year, has no immediate plans. More than 400 people work for S&P in Charlottesville.

Bus on fire

A Blue Ridge School bus went up in flames December 16 on Seminole Trail. The driver was taking more than 30 students to do some Christmas shopping when he noticed smoke coming out of the vents. All students were safely evacuated, as they were in other recent bus fires: A Fluvanna school bus caught fire August 9, and the bus carrying the Monticello High swim team ignited on I-64 in January 2017.

Bird is the word

About 200 rentable Lime bikes and electric scooters have just found their way onto Charlottesville sidewalks, and now the city has approved another 100 to join them in January. The new dockless mobility devices will be owned by a company called Bird.

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In brief: Awkward trial moments, machete murder, Toscano challenger and more

Awkward moments: Fields trial edition

When we crammed more than two weeks of trial proceedings into a 4,000-word story, some of the finer details didn’t make the cut. So we’d like to take this opportunity to share a few of the not-so-fun facts of the James Alex Fields, Jr. trial, in which he was found guilty of 10 counts, including first-degree murder.

  • Defense attorney Denise Lunsford and ex-husband John Hill took on the case together.
  • Lunsford argued her case in front of Judge Rick Moore, whom she fired as a county prosecutor when she took office as Albemarle commonwealth’s attorney in 2008.
  • When it was time for final defense witness Josh Matthews to take the stand, he was nowhere to be found. Judge Moore entered a capias and directed the Augusta County Sheriff’s Office to find him. Matthews arrived hours later, and after his testimony he was arrested for failure to appear.
  • “Crying Nazi” Chris Cantwell, who got that moniker after his visit to Charlottesville for the Unite the Right rally, just couldn’t stay out of the spotlight. Online news source Mic reported November 28 that he threatened independent reporter and activist Molly Conger, better known on Twitter as @socialistdogmom, who was covering the trial. “You will pay for your lies,” Cantwell wrote on Gab, a popular social media site among white supremacists.
  • Former Richard Spencer bodyguard Gregory Conte, who previously came to town to protect the Crying Nazi during some of Cantwell’s earlier court proceedings, was spotted jotting notes on a legal pad in the courtroom. He now has multiple bylines for stories related to the Fields trial in Russia Insider—whatever that is.
  • Because of limited seating in the courtroom and bad acoustics, more than a dozen reporters each day watched a livestream of the trial from the Levy Opera House. Technical issues left them in the dark several times.
  • Speaking of bad acoustics, the Charlottesville Circuit Court is a nightmare for documenting trials. None of the many videos and exhibits were visible to the gallery because the monitor faced the jury, not the public. Local media organizations have offered to donate equipment to bring the courtroom into the 21st century, to no avail.
  • On the 11th day of trial proceedings, after Fields was convicted and before he was sentenced, he sported a fresh high-and-tight haircut—the alt-right’s signature fashy style.

Quote of the week

“Please know that the world is not a safe place with Mr. Fields in it.”—Al Bowie, a car attack victim, in a victim impact statement to the jury.


Heavy weather

Snow was expected on December 9, but the volume was not. Charlottesville picked up from eight to 12 inches, while Wintergreen reported a whopping 21 inches, according to the National Weather Service.

Facebook strikes again

Local company WillowTree tried to run a Facebook ad promoting equal pay for female engineers, but the ad, which featured a photo of a woman wearing a hijab, was rejected. The reason? WillowTree does not have Facebook’s special authorization to run ads “related to politics and issues of national importance.”

Pipeline blues

The U.S. Court of Appeals for the Fourth Circuit stayed a crucial U.S. Fish and Wildlife Service permit for the heavily opposed, $6 billion Atlantic Coast Pipeline, causing Dominion to suspend all construction along its 600-mile route. And Attorney General Mark Herring and the Department of Environmental Quality are suing the folks building the other gas pipeline approved in the state—the Mountain Valley Pipeline—for repeated violations of state water laws.

House challengers

UVA professor Sally Hudson is challenging David Toscano for his 57th District seat. eze amos

David Toscano, the House of Delegates minority leader, has a challenger for his 57th District seat, which he’s held since 2005. UVA Batten School professor Sally Hudson announced a run last week on Twitter, and will face Toscano in the Democratic primary. And Tim Hickey, who works as a Greene County educator, has thrown down a challenge—also on Twitter—to Delegate Matt Fariss, R-Rustburg, who represents southern Albemarle.

Machete murderer

Walter Amaya was sentenced to 30 years active jail time for the July murder of Marvin Joel Rivera Guevara, who was hacked 144 times before being dumped in a creek at Woolen Mills. Three other men have pleaded guilty in the MS-13 gang-related slaying.

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In brief: Councilors’ credit cards, ACA sign-up perils, abusive language verdict and more…

Using ACA insurance? Read this first

Yes, the Affordable Care Marketplace is still here, and sign-up ends December 15. Counselors at the Jefferson Area Board for Aging have seen a few surprises in the process, and want residents to be aware they could face some unpleasant results if they simply auto-enroll this year.

One big difference: Optima was the only insurance carrier in the marketplace in 2018. This year Anthem is back, which provides more options, but also can affect the amount of the subsidy for those who qualify.

Joe Bernheim at JABA explains: With two carriers, the benchmark plan—that’s the second-lowest-cost silver plan—will be less than what consumers saw last year. That means that government subsidy will be lower, and those whose income allows them to qualify for the subsidy will see higher premiums.

What you need to know

  • Don’t auto-enroll. You may be able to get a better plan or lower premium.
  • Some people have received letters with estimates from the current carrier that are inaccurate and much lower than what the premium will actually be.
  • Consumers are being offered “direct” and “select” plans. The select plans exclude most of the doctors at UVA, while direct plans offer a broad network of local providers. If you auto-enroll, you could be put in a select plan.
  • People who aren’t eligible for the subsidy will see lower premiums and a broader network of providers.
  • If you’re signing up for newly available Medicaid, there’s no deadline, but JABA advises going to the Marketplace website (healthcare.gov) to cancel ACA insurance or you may be charged.
  • Can we say it again? Don’t auto-enroll, and do sign up before the December 15 deadline.

Quote of the week

“I feel like court’s going to be watching my daughter die again, over and over and over.”—Susan Bro, Heather Heyer’s mother, on NPR.


In brief

Tinsley sexual misconduct suit

Trumpeter James Frost-Winn’s $9-million sexual harassment lawsuit against former Dave Matthews Band violinist Boyd Tinsley is scheduled for trial September 9, 2019, in Seattle. Tinsley announced he would not be touring with the band in February, the same day he got a demand letter from Frost-Winn’s attorney.

Another pipeline delay?

The U.S. Army Corps of Engineers has suspended a permit necessary for the 600-mile, $6 billion Atlantic Coast Pipeline to cross the 1,500 streams along its path from West Virginia to North Carolina, for concerns of harm to aquatic life. This is one of several setbacks Dominion has faced since it began building the pipeline this year, but a spokesperson says it’s still scheduled for completion by the end of 2019.

Censorship suit

Local attorney Jeff Fogel has filed yet another lawsuit regarding prison censorship. He’s now representing Uhuru Baraka Rowe, an inmate at Greensville Correctional Center, who claims his First and Fourteenth Amendment rights were violated when prison officials at the Sussex II State Prison censored essays he wrote about conditions in the facility.

Win for Miska

 

Anna Malinowski at a 2017 protest. Staff photo

Local anti-racists like to scream at John Miska, a veterans’ rights and Confederate statue supporter. Recently, in Albemarle General District Court, a judge found Anna Malinowski guilty of abusive language for accosting him outside a school board meeting. At an earlier hearing in the city, a judge let Donna Gasapo off the hook for similar behavior.


Councilors’ credit line

In a much-discussed story that appeared in the November 25 issue of the Daily Progress, reporter Nolan Stout examined the $26,784 in charges (and taxpayer money) that city councilors have racked up on their city credit cards over the past year and a half. All five councilors have one, and four of them have a limit of $20,000—except for Mike Signer, who as mayor inherited the council’s original card, with a credit limit of $2,500.

Vice-Mayor Heather Hill hasn’t used her card, and Councilor Wes Bellamy, who has traveled extensively for various conferences, has spent the most, charging more than $15,000 from September 6, 2017, to October 29 of this year. Local activist group Solidarity Cville has called the article a racist “hit piece” on Bellamy, and said it wouldn’t have been written if white Councilor Kathy Galvin were the highest spender. All councilors were within budget and mostly used their cards for out-of-town meals, hotels, and travel, but here’s what some of the specific charges looked like:

Charged up

  • $1,418 spent by Bellamy at a Le Meridien hotel for a National League of Cities conference in Charlotte
  • $15.52 spent by Bellamy at Kiki’s Chicken and Waffles
  • $41.17 spent by Bellamy at Hooters
  • $1,000 spent by Signer on a hotel to speak on a panel called “Local Leadership in the Wake of Terror” at the SXSW Cities Conference in Austin, Texas
  • $307.19 spent by Signer, mostly for meals and Lyfts in Austin, “many of which were at midnight or later,” notes the reporter
  • $101.09 spent by Mayor Nikuyah Walker at Ragged Mountain Running Shop ahead of her event called “Get Healthy with the Mayor”
  • $132.22 spent by Walker at Beer Run
  • $706 spent by Galvin on a Hyatt hotel for a two-day forum in Washington, D.C.
  • $4.99 spent by former City Council chief of staff Paige Rice on an iTunes bill
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Edging closer: Atlantic Coast Pipeline gets state go-ahead

Earlier this month, the Virginia Department of Environmental Quality issued the final state approval needed to begin construction on the $6 billion, 600-mile, 42-inch diameter Atlantic Coast Pipeline planned to slice through Nelson County on its way from West Virginia to North Carolina, leaving only one more federal hurdle.

Massive opposition to Dominion Energy’s pipeline has made headlines since the project was proposed in 2014.

So when Governor Ralph Northam held his 2018 Governor’s Summit on Rural Prosperity in Staunton, just two days after the October 19 pipeline permit approval, activists were there to meet him. They say he’s touting “rural prosperity” while “greenwashing” his complicity in environmental destruction. 

When Northam was serving as lieutenant governor under Terry McAuliffe in 2014, he sent a letter to DEQ stating that he wanted to make sure all environmental regulations and complaints were thoroughly evaluated, reviewed, and enforced.

“That indicated to a lot of people that he was serious about environmental regulations and making sure DEQ did the job correctly,” says Kirk Bowers, who’s with the Virginia Chapter of the Sierra Club. “Since then, he’s really not followed through on what he said he would do.”

Bowers had been waiting since last spring to know if DEQ would approve the final erosion, sediment control, and stormwater management plans for the pipeline—the permits were granted a few weeks ago.

“It was a bad decision by DEQ based upon what we’re seeing with the Mountain Valley Pipeline,” says Bowers. The MVP is a similar 42-inch natural gas pipeline that’s currently being built from northwestern West Virginia to the southern part of Virginia.

On October 19, the Army Corps of Engineers suspended an MVP permit to build through waterways in two West Virginia counties. It had previously suspended a permit in Virginia, and now the MVP can’t go through any wetland in its path.

More than 500 incidents have been reported during MVP construction, Bowers says, including numerous erosion violations through mountainous areas and steep terrains very similar to those found in Nelson County.

“I strongly contend that the plans [for the ACP] just aren’t going to work and we’re going to have similar problems like we’re seeing in southwest Virginia,” he says.

Among the activists who paid Northam a visit last weekend was Jill Averitt, who has lived on more than 100 acres in Nelson County with her husband and extended family since 2005. Dominion plans to run its pipeline through their Nellysford property, slicing across a large wooded area just yards from her back porch.

She’s invited Northam, who has received $200,000 in donations from Dominion, and Matt Strickler, his secretary of natural resources, “countless times,” to come hear the concerns of landowners. He shook her husband’s hand when running for the Democratic nomination against Tom Perriello—a known ACP opponent who banned campaign contributions from Dominion—and Northam promised to be in touch for a meeting to discuss the pipeline.

“He never followed through with that,” Averitt says. “We have yet to hear from anyone.”

For the first three weekends of October, the Averitts and other activists who oppose the ACP invited the public to their property to camp or visit for a few days of what they call “camptivism,” to learn why Nelson residents are so vehemently fighting to prevent the pipeline’s construction. Approximately 150 attendees heard from environmental experts, impacted landowners, and local historians.

“Northam’s supposed to represent all of us and he couldn’t even give us the courtesy of an hour?” Averitt asks. “He is allowing and participating in this negligent act of allowing these pipelines to be built in the face of every credible source that says they aren’t needed and [are] ill-advised.”

The governor’s own Advisory Council on Environmental Justice has recommended that the pipeline not be built.

At his summit in Staunton, when asked about the ACP, Northam said Virginia is moving in the direction of wind and solar energy, but in the meantime, he approves the usage of traditional energy sources, reports local news station WHSV. His office did not respond to a request for comment.

The pipeline will benefit the environment because it replaces the need for coal with cleaner-burning natural gas, says Aaron Ruby, a spokesperson for Dominion. With the final state approval, he says Dominion is requesting an okay to proceed with full construction in Virginia from the Federal Energy Regulatory Commission. The company has already received a go-ahead in West Virginia and North Carolina, where it’s been building the ACP for months. Dominion expects it to be fully built by the end of next year.

“This project is all about building a better economic and environmental future for our region,” says Ruby. “Public utilities are depending on it to meet the growing energy needs of consumers and businesses.”

Says Averitt, “If these pipelines are developed, we would create a 600-mile development dead zone around them and jeopardize thousands of rural homeowners’ water along the route. I’d like Northam to explain to me how that is good for rural economies.”

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Compressor anxiety: Historic African American community alleges environmental racism

About 50 miles south of Charlottesville, in the small, quiet community of Union Hill, there are far more “No Pipeline” signs than traffic lights.

The historic town of weather-faded homes and churches in bucolic Buckingham County could soon be sliced by the Atlantic Coast Pipeline, and in what residents say would add insult to injury, it could become home to one of the 600-mile natural gas pipeline’s three proposed compressor stations.

Residents are calling it “blatant environmental racism,” and allege Dominion intentionally erased a large percentage of their population in its application to the Federal Energy Regulatory Commission to build the pipeline.

In the final environmental impact statement on the ACP, FERC stated that, on average, there are 29.6 people per square mile in the area surrounding the pipeline’s path in Buckingham—that number was provided by the U.S. Census Bureau.

Residents say that number was off by about 500 percent.

Members of the anti-pipeline group Friends of Buckingham went door-to-door to survey the Union Hill area. They spoke with 64 percent of the people living in the 99 households within that square mile, and of those 158 residents, 85 percent are African American.

The FERC report didn’t mention Union Hill, where a third of the residents are descendants of the freedmen community that was once enslaved there, and where there are freedmen cemeteries and unmarked slave burials on the site where Dominion wants to build its compressor station, according to Yogaville resident and cultural anthropologist Lakshmi Fjord.

She also noted that Charlottesville’s 29 bypass project was halted by just one slave burial site.

On May 31, the governor’s Advisory Council on Environmental Justice met in Buckingham to report some of its findings, make recommendations and host a public comment session, but beforehand, members stopped by the Union Hill Baptist Church for a quick presentation and tour of the proposed compressor station site.

“Now we are in our golden years, and we’d like to keep it that way,” said John Laury as he stood at the front of the pews. He listed his grievances, including the poisonous air that he says the station, if approved, would emit, and its potential effect on water quality in the town where most people rely on wells. “That’s the only water we have,” he said.

Laury, who lives with his wife, Ruby, on the cattle farm down the hill and to the left of the Baptist church, was born and raised in Buckingham. He says he likes the clean air that his county is known for, the nearby wooded areas brimming with wildlife and the constant hum of birds chirping.

“We want to remain here without interruption from big corporations,” he told the governor’s council before its members filed into a big white church van. Laury drove them less than half a mile to the proposed compressor station site.

There, a large swath of land has been cleared because four Transco pipelines, which carry gas from Texas to New York City, already exist under the soil. The ACP would connect to one of the existing pipelines at the 55,000-horsepower compressor station, and transfer the fracked gas up the east coast.

To the left of the existing clear cut, just into the trees, is where Dominion would like to connect the ACP to the Transco line and build its aboveground compressor station.

Nothing can be built and no trees can be planted on the Transco pipeline corridor, according to Fjord, “which is why it is so galling to landowners to have their farmland seized on working farms, where it bisects the fields they grow, where their cattle graze.”

“No tractor or car can cross over one,” says Fjord. “Nothing. Yet, farmers in Buckingham will have to pay the same property taxes on the pipeline easements as if they were working farmland.”

Dominion spokesperson Aaron Ruby says once construction on the pipeline is completed, “the only restrictions on the use of the right of way are planting trees and building structures.”

Ann Loomis, Dominion Energy’s vice president of federal affairs, spoke at the governor’s council meeting. She noted that Dominion employs 42 county residents at its Bear Garden Power Station in Buckingham, and said Dominion is a member of the community.

University of Richmond professor of geography and the environment Mary Finley-Brook, who serves on the council’s pipeline subcommittee, gave a report on what her group has learned so far. She also said it does not recommend construction of the ACP.

If it gets built, Finley-Brook said residents can prepare for Dominion to make environmental violations because it already has a record, including several citations from when it started cutting down trees earlier this year. And “blowdowns,” or release of gas (and toxic air pollutants) to relieve pressure in the pipe, happen about 10 times per year at compressor station sites (a figure that Dominion estimates at once every five years). Finley-Brook also noted Dominion’s underreporting of the Union Hill population.

“This was, in my own professional opinion, not an accident,” she said. “This inaccurate information is a tactic that has been used successfully many times.”

The more rural and less densely populated an area is, the thinner the pipe is permitted to be, and fewer shut-off valves are required, she said.

As for the public health impact, she said, “Compressor stations make people sick.”

Pipeline opponent Suzanne Keller, a retired epidemiologist with the Virginia Department of Health, said Buckingham residents can expect around 350 tons of air pollutants to be released each year.

The crowd of about 50 people heard from Michael Dowd, a Department of Environmental Quality representative, who drew jeers when he said, “The community’s health will be protected.” He added, “I can’t guarantee that there won’t be accidents or events at the compressor station.”

But Dowd did make a promise: “The Buckingham compressor will be among the most, if not the most, stringently regulated compression stations in the country.”

There to give a personal testimony was Ray Kemble, a Dimock, Pennsylvania, resident in a Rolling Thunder motorcycle jacket who’s lived near six compressor stations for several years.

The small town of Dimock was featured in the 2010 documentary Gasland, which showed residents lighting their tap water on fire.

Kemble carried a bottle of water that he drew from his neighbor’s well. It was brown and swirled with oil when he shook it. Kemble said he’s been diagnosed with three types of cancer since the compressor stations were built, and he keeps oxygen tanks at his house, so when the air gets too noxious from blowdowns, he has clean oxygen to breathe. He said he often has to leave his home because the air quality is so bad.

Marie Gillespie. Courtesy photo

The council heard from Marie Gillespie, who lives on Union Hill Road adjacent to where Dominion has already cleared a strip of land for the ACP.

“I think I’m the first person who has been directly impacted by the pipeline and compressor station,” she said, describing hearing an awful noise in her backyard, rushing to get dressed and go outside to see the commotion. By the time she did, the trees were already gone.

“I was stricken,” she said. “I was heartbroken. …The stress has already started. Problems have already begun, and I don’t know where it’s going to end.”

Pastor Paul Wilson. Courtesy photo

Pastor Paul Wilson, who leads the Union Hill and Union Grove Baptist churches, also spoke.

“We are ground zero,” he said, and echoed a popular argument against the ACP. “This whole pipeline is based on false premises. Politicians were bought off, and this county had no choice but to say yes.”

Added Wilson, “We refuse to be the sacrificial lamb.”

And another commenter, through tears, and while banging her balled fist, said, “Nobody’s protecting us. Not a soul.” Her last remark drew enormous energy from the pipeline opponents in the room: “We are going to fight this fight. This is not a done deal.”

Updated June 6 at 3:50pm to correct the source of the data used in the FERC’s environmental impact statement and to include Dominion’s response to claims by Lakshmi Fjord and Mary Finley-Brook. 

Updated June 7 at 3:15 with the correct number of Transco pipelines that already exist in Buckingham County, and with the correct project in Charlottesville that was stopped by one slave burial site.

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Pipeline parallels? Eminent domain: the movie

One of the least popular Supreme Court decisions this century would have to be Kelo v. New London, a case that resulted in 45 states, including Virginia, passing laws or, in the Old Dominion’s case, constitutional amendments to prevent the seizing of private property to benefit other private owners under the guise of economic development.

The story of Susette Kelo’s struggle to keep her home in New London, Connecticut, is documented in the film Little Pink House, starring Catherine Keener and Jeanne Tripplehorn.

Doug Hornig. Courtesy subject

Afton writer Doug Hornig sees a parallel with the controversial Atlantic Coast Pipeline and its use of eminent domain to cut a swath through private property.

“I think there’s a lot of interest,” says Hornig, who will screen Little Pink House June 28 at Regal Stonefield and follow the movie with a brief panel discussion.

In Kelo’s case, New London decided to scoop up her modest waterfront home, pitting Kelo and her blue-collar neighbors against Big Pharma. The theory was that if Pfizer redeveloped the seized properties, it would promote economic development and generate increased tax revenues, thus contributing to the public good. The Supreme Court backed that thinking with a 5-4 decision on June 23, 2005.

In actuality, Pfizer merged and moved, closing its New London facility and axing 1,000 jobs. Today the waterfront property is vacant, generating no tax revenue.

In 2012, Virginia passed a constitutional amendment that declared eminent domain for economic development was not a public use, and Delegate Rob Bell led the effort to enshrine property protection into the state constitution.

Courtney Balaker wrote and directed Little Pink House, and she says she and her husband, producer Ted Balaker, are using a hybrid distribution model. The film had a limited release in five cities April 20, and through the website Tugg, people who are interested in screening it can bring it to their local theater.

That’s what Hornig did. He made a request for a screening and Regal okayed it if he sold 90 tickets.

Hornig met that minimum and was upgraded to a larger theater, which he hopes to sell out before the screening. And he’ll have 25 minutes for a panel discussion that includes Jeff Redfern from the Institute for Justice, which represented Kelo; Chuck Lollar, a Virginia Beach attorney representing several of the people fighting the Atlantic Coast Pipeline; Richard Averitt, a Nelson County entrepreneur whose business is threatened by the ACP; and Joyce Burton, a Friends of Nelson board member.

Robert McNamera is an attorney with the Institute for Justice, and he says Kelo and the Atlantic Coast Pipeline are “really different” eminent domain cases, but “there’s always a parallel” when people’s property is being taken away “unlawfully.”

If anything, the pipeline condemnations are “crazier,” says McNamera, because before property owners can adjudicate the condemnations, they must first ask the Federal Energy Regulatory Commission to reconsider its granting of certificates to Dominion Energy.     

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‘Tuesday Chainsaw Massacre’: Wintergreen residents fired up about ACP damage

A “jumbled mess” of hundreds of clear-cut trees still lie at the entrance to Wintergreen, across Route 664 and up the side of Piney Mountain.

Dominion Energy started knocking them down to make way for its Atlantic Coast Pipeline in Nelson County on March 6, a day the locals now refer to as the “Tuesday Chainsaw Massacre.”

Because the Federal Energy Regulatory Commission ordered the company to quell its tree felling until the fall to respect the flight patterns of migratory birds and the state’s population of endangered Indiana bats, it’s been awful quiet in Nelson County—but probably not for long.

Wintergreen resident David Schwiesow estimates that the company building the pipeline has only completed 10 percent of its total destruction in his area.

“Dominion will be coming back to continue the rape of Piney Mountain,” he says, estimating that 7,000 trees, plus rhododendrons, mountain laurel and other ground cover will be cut before it’s all said and done. “So the worst is yet to come at Wintergreen.”

When FERC approved construction of the ACP in October and prohibited Dominion from clearing trees from mid-March to September in Virginia, Dominion agreed. But as the time to stop cutting came closer, the company asked for permission to extend its clearing period by two months—a request that FERC denied on March 28.

“We are cautiously optimistic that FERC will stick to this decision,” says Schwiesow. “In the past, FERC has rubber stamped everything Dominion has requested.”

The clear-cutting has devastated those living near it, he says.

“Wintergreen residents are horrified by the destruction, including many who hadn’t really paid attention to the issue,” he continues. “One neighbor of ours on Fortune’s Ridge told us that she pulled off [Route] 664, got out of her car, looked at the destruction and just started to cry.”

The Department of Environmental Equality has cited Dominion for at least 15 clear-cutting violations, and the Wintergreen resident says he and other pipeline opponents are reporting a couple more from the alleged damage done in their neck of the woods. They’ve measured trees cut within 50 feet of a stream across the entrance to the resort, and also within 50 feet of the south fork of the Rockfish River on the other side of Route 664, aka Beech Grove Road.

“Dominion is arrogant and seems to believe that they’re above the law,” says Schwiesow.

Dominion spokesperson Aaron Ruby says his company wasn’t able to clear all the trees they’d hoped to this year, so that work will be pushed into the fall and the beginning of next year.

In the meantime, contractors are clearing and grading at ACP compressor station sites, and after they get a few remaining approvals this spring, they’ll start constructing the pipeline along the 200 miles of the route that have already been cleared from West Virginia, through Virginia and into North Carolina. They’re still on track to wrap up construction by the end of next year, he says.

That doesn’t bode well for the heavy opposition that has amassed since the project was proposed in September 2014.

On St. Patrick’s Day weekend, Schwiesow attended a protest at the resort’s entrance with about 100 other pipeline opponents, including his wife, Nancy, who gave a short speech.

“To some, it feels like the end of the fight,” she said to the crowd. “Dominion has won. But that is wrong.
I am more angry, upset and determined to fight Dominion and its despicable pipeline than I ever have been.”­

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All eyes on the pipeline

Hundreds of anti-Atlantic Coast Pipeline activists have emerged to monitor construction on the $6 billion gas fracking project.

A coalition of more than 50 anti-pipeline groups called the Allegheny-Blue Ridge Alliance launched the Pipeline Compliance Surveillance Initiative last week to ensure strict application of environmental laws and regulations for the ACP, which they say will wreak havoc on its 600-mile course from West Virginia, through nearby areas in Virginia like Nelson and Buckingham counties and into North Carolina.

Volunteers with Pipeline CSI will initially focus on monitoring the many mountainous areas of the pipeline route, where they say pipeline construction threatens water quality in the headwaters of major watershed systems.

“We will continue to challenge the government decisions involving the project,” says Rick Webb, an activist who has been instrumental in the fight against the pipeline since the project was announced in September 2014, and who now chairs Pipeline CSI. “But with certain pre-construction activities already underway, citizen oversight is essential given the limited resources of government agencies that are responsible for regulating pipeline construction.”

Dominion Energy and Duke Energy are the major companies backing the ACP. The Federal Energy Regulatory Commission, which gave them approval to start building it in October (subject to other state and federal approvals), also approved limited tree felling along the pipeline’s route on January 19.

Dominion has started knocking down trees in Virginia and West Virginia, according to spokesperson Aaron
Ruby, who says his company only needs a few more approvals before Dominion requests a notice from FERC to proceed with full construction, which he expects to happen by spring.

But not without the watchdogs.

“The need for citizen oversight of pipeline construction has been made clear by observations of recent pipeline projects and ineffective government agency response to repeated violations and water resource harm,” says Webb. “We have no reason to expect more from the agencies during construction of the ACP.”

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In brief: Mental health break, Groundhog Day and more

Seeking asylum

He’ll tell you it’s not haunted, but owner and developer Robin Miller acknowledges the twisted history of the new Blackburn Inn, his historic boutique hotel set to open in Staunton this spring.

Originally serving as the Western State Lunatic Asylum in the early 1800s, a hospital for the mentally ill—known for its electroshock therapy and lobotomies—the building became a medium-security men’s penitentiary in the late 1900s, until it was abandoned in 2003.

Where former residents wore straitjackets, inn guests will don complimentary bathrobes after a dip in the “luxurious soaking tubs” that will be available in four of the 49 rooms with 27 different floor plans.

“About 14 years ago was the first time I drove into downtown Staunton,” says Miller. “I looked over and saw the campus here and I fell in love with it.”

The Richmond-based developer with a second home in the same town as his new hotel has an assemblage of projects under his belt, including the recent redevelopment of Western State’s bindery, the building directly behind the Blackburn Inn, which he converted into 19 condos.

“It’s a combination of a beautiful, beautiful historic building with absolute top of the line, luxurious amenities and features,” Miller says about the inn, where he made use of the original wide corridors, hallway arches, vaulted ceilings and a wooden spiral stairwell that will allow guests to access the rooftop atrium. As for whether he expects a gaggle of ghost hunters to be his first customers: “That certainly wasn’t part of our marketing plan, but we don’t care why they want to stay here. We just want them to come and see it.”

Either way, we’re calling it a crazy good time.

Staunton’s former Western State Lunatic Asylum will reopen as a boutique hotel this spring. Among its features is the original wooden spiral stairwell (right), which has been refurbished and will allow access to a rooftop atrium. Courtesy blackburn inn, daniel stein

In brief

Kessler clockers continued

Four people charged with assaulting Jason Kessler the day after the deadly August 12 Unite the Right rally—Brandon Collins, Robert Litzenberger, Phoebe Stevens and Jeff Winder—had their cases moved to February 2—Groundhog Day—because the special prosecutor, Goochland Commonwealth’s Attorney Mike Caudill, hadn’t seen video of Kessler being chased through the shrubbery. “These things keep coming up,” said Judge Bob Downer. “It’s like Groundhog Day.”

Another construction fatality

A construction worker died at the Linden Town Lofts site after a traumatic fall November 15, according to Charlottesville police. That was also the location of an early morning July 13 fire that engulfed a townhouse and four Jaunt buses. A worker also died from a fall October 21 at 1073 E. Water St., the C&O Row site owned by Evergreen Homebuilders.

Motion to unwrap

staff photo

Plaintiffs in the suit to prevent the city from removing Confederate statues of generals Robert E. Lee and Stonewall Jackson now want Charlottesville to remove the black tarps that have covered the statues since shortly after the fatal August 12 rally—and for the city to pay hefty fines if it refuses.

Closing the door

The grocery subscription service that bought out Relay Foods last year announced November 17 that it would cease its operations, effective immediately. Door to Door Organics says refunds will be forthcoming for those who pre-ordered Thanksgiving turkeys.


“The only way you’re going to get sexism out of politics is to get more women into politics.”

Hillary Clinton in a speech at UVA during the Women’s Global Leadership Forum


Pay up

Florida man James O’Brien, an alleged League of the South member charged with concealed carrying on August 12, pleaded guilty November 20 and was sentenced to a suspended 60 days in jail and fined $500. He was arrested while breaking into his own car during the Unite the Right rally, and has since been fired from his roofing job for taking part in “extremist activities,” according to the Southern Poverty Law Center.

Switching hands

After 10 years of grooming, lodging and day care services, the owners of Best of C-VILLE Hall of Famer Pampered Pets have selected Pet Paradise Resort and Day Spa to take over operations, beginning November 16.

Dominion’s victory dance

The U.S. Forest Service approved plans for the the proposed Atlantic Coast Pipeline November 17, giving Dominion Energy permission to run its 42-inch natural gas pipeline through the George Washington and Monongahela national forests. Though Dominion still requires state water permits, spokesperson Aaron Ruby calls it a “key regulatory approval” in the company’s quest for final approval later this year.


By the numbers

Survey says

It costs a little bit more to gobble till you wobble this year, according to a recent survey conducted by the Virginia Farm Bureau Federation.

On average, it will set you back about $50.56 to feed a family of 10 adults on Thanksgiving. This is up from $44.02 last year, with the average cost of everyone’s favorite holiday meal increasing by a total of $11.44 since the federation began conducting the survey in 2003.

What’s on the menu? Turkey, stuffing, sweet potatoes, peas, rolls, cranberries, a vegetable tray, milk and a good ol’ slice of pumpkin pie with whipped cream. Eat up.