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Monday, December 10, 2018

Virginia files suit against Mountain Valley Pipeline, alleging hundreds of environmental violations during construction

The pipeline crosses a mountain near Roanoke,
into the shadow of another. (Roanoke Times photo)
Virginia Attorney General Mark Herring alleges in a lawsuit that the builders of the Mountain Valley Pipeline have violated environmental regulations more than 300 times. The lawsuit was filed Friday on behalf of state Department of Environmental Quality Director David Paylor and the State Water Control Board.

"Since work began earlier this year, inspections have found that crews failed to prevent muddy water from flowing off pipeline construction easements, often leaving harmful sediment in nearby streams and properties," Laurence Hammack reports for The Roanoke Times. "Covering a span of seven months and nearly 100 miles of the pipeline’s route through five counties, the lawsuit is one of the most comprehensive summaries to date of the environmental toll taken by running a 42-inch diameter pipeline across rugged slopes and through pure mountain streams."

If the court rules against Mountain Valley's builders, led by Pittsburgh-based EQT Midstream Partners, the penalties could cost them up to $32,500 per day for each violation. The builders have already agreed to pay Virginia $27.5 million before construction began to compensate for expected environmental damage, Hammack reports.

The natural-gas pipeline has faced considerable resistance from citizen activists and environmental groups from the beginning, and watchdog groups have been regularly filing complaints alleging violations, Hammack reports. Builders were faced with legal setbacks in July when a three-judge panel of the Fourth Circuit U.S. Court of Appeals rescinded permits for the pipeline, saying they had not properly vetted the project or assessed its environmental impact.

Hammack reports, "It’s rare for such a case to end up in court, said David Sligh, a former environmental engineer for DEQ who is now fighting the pipeline as conservation director of Wild Virginia. Most notices of violations are handled administratively, with the most severe action a fine that is generally less than what a judge might impose, he said."

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