West Virginia Department of Environmental Protection Agrees to Take a Tougher Look at Disputed Pipeline

CHARLESTON, WV -- Today, the West Virginia Department of Environmental Protection (DEP) filed a motion in federal court to invalidate its earlier approval of the Mountain Valley Pipeline (MVP). Under section 401 of the Clean Water Act, individual states must certify that interstate gas pipelines will not have significant effects on water quality before construction can begin.

"We applaud the West Virginia DEP for recognizing that the fracked gas Mountain Valley Pipeline is a threat to our state’s water and natural beauty,” said Sierra Club West Virginia Chapter Gas Committee Chair Justin Raines. “Our rivers and streams make West Virginia a beautiful place for residents and visitors alike and preserving them also preserves what we love about our state. The fracked gas Mountain Valley Pipeline is dirty, dangerous and needlessly endangers West Virginia’s waterways, wilderness, and communities, and it should be rejected.”

West Virginia had previously granted the MVP its 401 certification before environmental groups challenged it in court. Attorneys with the public interest law firm Appalachian Mountain Advocates filed the challenge on behalf of a coalition that included the Sierra Club, West Virginia Rivers Coalition, Indian Creek Watershed Association, Appalachian Voices, and Chesapeake Climate Action Network. DEP agreed that it needed to reconsider MVP’s application involving 631 stream crossings, and today, officially asked the court to grant a voluntary remand and set aside its previous certification. DEP’s motion came just a day before it would have been required to defend its certification in federal court.

“We’re pleased that DEP recognized its 401 certification was defective,” said Derek Teaney, Senior Attorney at Appalachian Mountain Advocates who represented the environmental groups, “but it’s a shame that it took a lawsuit to get DEP to do its job.”

“We’re glad DEP is acting on what we’ve said all along – consideration of MVP requires much more thorough information and review,” said West Virginia Rivers Coalition Executive Director Angie Rosser. “With DEP recently citing several pipeline projects for damaging our streams, it’s impossible to imagine that this massive pipeline will not impact water quality.  They’ve got to get this right.”  

“Water is life isn’t just a slogan for West Virginians who depend on healthy wells, springs, streams and ponds for their families, farms and wildlife—it’s a reality,” said Judy Azulay, President of Indian Creek Watershed Association. “For three years, ICWA and local landowners have been alerting DEP about how this pipeline threatens to degrade critical water resources. Experts have called portions a ‘no build zone’. We hope that DEP will finally agree that no best management practices can make this pipeline safe for West Virginia waters.”

“DEP is right to take a closer look at the MVP’s impacts to hundreds of West Virginia streams and rivers,” said Anne Havemann, General Counsel for the Chesapeake Climate Action Network. “At a minimum, DEP should deny the current application and demand that the MVP’s proponents provide basic information about the impacted streams and how pollution from the MVP will change those streams. Right now, the pipeline company hasn’t given the agency enough information for it to do its job. Ultimately, we believe that a thorough review will show that the MVP cannot be constructed and operated without illegal violations of state water quality standards.”

“A project the size and nature of the Mountain Valley Pipeline is unprecedented in the mountains of West Virginia,” said Peter Anderson, Virginia Program Manager for Appalachian Voices.  “It poses a clear threat to water resources and the residents who rely on them, so it’s a positive sign that the DEP is taking a second look at water impacts. We expect the agency will use this opportunity to do right by all West Virginia citizens and fulfill its duty to protect state waters.”

If the Court grants DEP’s motion, it will be a major setback to the MVP project and could cause a significant delay in its construction.