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| Newsrack in Monterey, Va. (PBS) |
A digest of events, trends, issues, ideas and journalism from and about rural America, by the Institute for Rural Journalism, based at the University of Kentucky. Links may expire, require subscription or go behind pay walls. Please send news and knowledge you think would be useful to benjy.hamm@uky.edu.
Wednesday, August 30, 2023
Nonprofit journalism in rural areas needs 'ignition' that helps citizens understand that they can raise philanthropic support
Friday, November 12, 2021
Atlantic Coast Pipeline was canceled, but landowners still unsure what will happen to easements on their property
| Atlantic Coast Pipeline proposed route (Associated Press map) |
Atlantic Coast Pipeline developers used eminent domain to force thousands of landowners to sell them narrow strips of land to bury the pipeline. But in July 2020, Dominion Energy and Duke Energy canceled the project. Over a year later, those landowners still don't know what will happen to the easements crossing their property.
"Some landowners have miles of the pipeline already installed on their properties. Contractors for Duke and Dominion also cleared trees along more than 110 miles across West Virginia, Virginia and North Carolina, leaving about half of the felled trees on the property," Emily Allen reports for Mountain State Spotlight. From West Virginia to North Carolina, "The proposed pipeline would’ve crossed more than 2,600 easements, covering nearly 4,300 acres of land — all of which Duke and Dominion now own the rights to," according to Federal Energy Regulatory Commission.
Dominion spokesperson Christine Mitchell told Allen in an email that the company will hang onto the easements for the next few years to "develop the most responsible approach" for restoration. "We plan to keep the easements until all restoration and monitoring are complete," she wrote. "However, we will evaluate individual landowner requests on a case-by-case basis."
Landowners fear the easements could be sold to another pipeline developer after the land is restored in one to two years, said Isak Howell, a Roanoke-based lawyer with Appalachian Mountain Advocates, which represents dozens of landowners in ACP cases. FERC hasn’t addressed the relinquishment of easements, Allen reports.
Sunday, July 05, 2020
Atlantic Coast Pipeline canceled; regulatory doubts cited
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| Light green area is the George Washington National Forest. (Bloomberg map) |
Monday, June 15, 2020
Supreme Court says Atlantic Coast Pipeline can cross under Appalachian Trail
The decision overturns a 2018 Fourth U.S. Circuit Court of Appeals ruling that the U.S. Forest Service did not have the authority to greenlight a key right-of-way permit for the pipeline, Farah reports. The Fourth Circuit ruled that the 1920 Mineral Leasing Act allows rights-of-way for pipelines on federal land, except for land in the National Park Service. Since the court found that the Appalachian Trail is a part of the system, only Congress could approve such a crossing.
Pipeline developers, led by Dominion Energy Inc., argued that upholding the decision would essentially block natural gas development on the East Coast, Farah reports. Environmental groups argued that since the NPS is responsible for administering the Appalachian Trail, it also has jurisdiction over pipeline construction on federal lands under the trail. So new pipeline construction cannot be allowed, the environmental groups argued, since the NPS has higher conservation standards than the Forest Service.
"During oral arguments, the justices questioned whether they could come to a narrow decision that drew a distinction between a surface trail administered by NPS and subsurface land controlled by the Forest Service," Farah reports. "In the majority decision the justices found that the Interior Department held a limited easement for establishing and administering the Appalachian Trail but that the land itself remained 'federal lands' under the jurisdiction of the Forest Service."
Tuesday, February 25, 2020
Supreme Court hears arguments about pipeline; justices in majority seem sympathetic to energy companies
| Atlantic Coast Pipeline proposed route (Associated Press map) |
In 2018, the Richmond-based Fourth U.S. Circuit Court of Appeals "found the U.S. Forest Service did not have the authority to grant a right-of-way to allow the pipeline to cross beneath the Appalachian Trail in the George Washington National Forest" on the Virginia-West Virginia border, Lavoie reports. "The Fourth Circuit found that the 1920 Mineral Leasing Act allows rights-of-way for pipelines on federal land, except for land in the National Park System." The court found that the trail is a unit of the system, so the service has no the authority to approve a right-of-way. Only Congress can approve such a crossing, the environmental groups argued.
But conservative justices in the Supreme Court's 5-4 majority were hesitant about upholding the appeals court's ruling, and "expressed concern that concluding that no federal agency can grant easements for pipeline projects on lands crossed by the trail within national forests could erect a roadblock to energy infrastructure projects," Lavoie reports.
Attorney Michael Kellogg, who represents the environmental groups, noted that 55 pipelines run under the Appalachian Trail, 19 of them laid on federal land before the Appalachian Trail was designated as a national scenic trail under the National Trails System Act in 1968, Lavoie reports.
"The narrow question before the Supreme Court is whether the Forest Service has the authority to grant rights-of-way through lands crossed by the Appalachian Trail within national forests," Lavoie reports. Lead pipeline developer Dominion Energy and the federal government "say the Trails System Act did not transfer lands crossed by the trail to the National Park Service. They argue that although the Park Service is charged with overall administration of the trail, the actual lands crossed by the trail within national forests remain under the jurisdiction of the Forest Service."
Local journalism, or its absence, helps cover and shape Atlantic Coast Pipeline development, journalist reports
Many of the North Carolina, Virginia, and West Virginia counties the pipeline will cross are poor and rural, and some have large minority populations. Many do not have a strong local-news ecosystem, either because metropolitan papers have cut back coverage or local newspapers have shuttered, never existed or fell down on the job, Lyndsey Gilpin writes for the Columbia Journalism Review. Gilpin is the founder and editor of Southerly, an independent media organization that covers ecology, justice and culture in the American South.
According to the University of North Carolina's Penny Abernathy's research on news deserts, "in about half of the 25 counties along the Atlantic Coast Pipeline route, print news comprises a single weekly paper; several weekly or daily papers cover more than one county," Gilpin reports.
When the pipeline was first proposed in 2014, local and regional newspapers reported on it (some still do) and several nationwide news publications covered it, but comprehensive coverage has mostly faded as the process wears on. Local and regional news coverage is often the only way such places receive any press attention; national media mostly tends to "parachute in to cover major updates or catastrophes or if they need a tie-in to President Trump’s policies—a dynamic that can perpetuate inaccurate stereotypes about these places," Gilpin writes.
Meanwhile, the absence of local news media "leaves ample space for powerful campaigns by [Duke Energy] and [Dominion Energy], the pipeline’s developers and buyers of its natural gas, as well as industry-aligned lobbyists and politicians, to shape the pipeline narrative," Gilpin writes. "Another result is misinformation and confusion about the status of a massive energy project that affects tens of thousands of people, several endangered species, and a variety of fragile ecosystems. The number of permanent jobs the pipeline is estimated to create varies, depending on whom you speak with. In some cases, property owners have been caught unaware of their rights or legal options when Dominion came knocking to claim eminent domain."
Local reporters who would like to do in-depth reporting on the pipeline often have little time and few resources to do so, though projects like ProPublica's Local Reporting Network have helped, Gilpin writes. Most local reporters only have enough bandwidth to focus on reaction stories.
Independent journalist Mason Adams of the Roanoke area, who has covered pipelines for various news outlets over the past few years, said such coverage is complicated, and local reporters need more training to deal with Freedom of Information Act requests, regulatory agencies, major companies, and court reporting. "Smaller papers can’t set aside an entire body to cover this, much less over five to six years," Adams told Gilpin.
Friday, August 16, 2019
Work suspended on Mountain Valley Pipeline
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| Roanoke Times map |
Monday, July 29, 2019
Atlantic Coast Pipeline hits biggest roadblock yet as federal appeals panel throws out critical environmental permit
| Proposed route of Atlantic Coast Pipeline (Associated Press map; click to enlarge it) |
A three-judge panel of the 4th U.S. Circuit Court of Appeals "vacated a permit that the U.S. Fish and Wildlife Service issued last year just 19 days after the same court blocked the agency’s previous finding that the massive natural gas pipeline would not jeopardize the viability of four endangered or threatened species," Michael Martz reports for the Richmond Times-Dispatch.
Chief Judge Roger Gregory wrote in the opinion that Fish and Wildlife "appears to have lost sight of its mandate" under the Endangered Species Act by approving the permit so quickly, and that the agency failed to show how the pipeline wouldn't threaten endangered bumblebees in Bath County, Virginia, on the West Virginia border, or freshwater mussels in three West Virginia waterways. "The ruling also concluded that the reissued permit failed to establish 'enforceable take limits' for an endangered bat species in Virginia and West Virginia and threatened crustaceans that live in underground limestone karst formations in the Shenandoah Valley," Martz reports.
Dominion spokesperson Aaron Ruby said he expects the Federal Energy Regulatory Commission and the Fish and Wildlife Service will be able to quickly resolve the issues raised by the court, and says he believes the project remains on track to be completed by late 2021, Martz reports.
This isn't the first time the pipeline has faced legal roadblocks. "A series of adverse rulings by the 4th Circuit on federal permits for the project prompted the pipeline company, led by Dominion, to change its construction plans earlier this year," Martz reports. "The company suspended work in December after the 4th Circuit issued a stay on the biological opinion for the entire length of the pipeline, not just the 100 miles or so that Dominion contends would affect endangered or threatened species addressed in the permit."
Tuesday, February 26, 2019
Appeals court denies rehearing for ruling that blocked Atlantic Coast Pipeline; foes say 'back to the drawing board'
In December a three-judge panel of the court said the U.S. Forest Service lacked authority to allow the pipeline to cross the Appalachian Trail and "also said the agency 'abdicated its responsibility to preserve national forest resources' when it approved the pipeline crossing the George Washington and Monongahela National Forests, and a right-of-way across the Appalachian Trail," Lavoie reports.
Lead pipeline developer Dominion Energy and the Forest Service then requested a full-court rehearing, but the court has refused. The Southern Environmental Law Center and the Sierra Club, which filed the lawsuit, said in a statement that the ruling sends the pipeline "back to the drawing board," Lavoie reports.
Wednesday, December 05, 2018
Amendment would give National Park Service clear authority to allow natural-gas pipeline construction
Tuesday, September 18, 2018
Atlantic Coast pipeline construction allowed to resume
"In early August, the 4th U.S. Circuit Court of Appeals ruled the Fish and Wildlife Service needed to revisit a key endangered species permit," Brittany Patterson reports for West Virginia Public Broadcasting. "It also ruled the National Park Service needed to reissue a right-of-way approval to allow the pipeline to pass under the Blue Ridge Parkway."
Thursday, August 23, 2018
Baptist preacher, Buddhist swami team up to fight pipeline
The compressor station is slated to be built just down the road from one of the two Baptist churches where the Rev. Paul Wilson preaches in Union Hill, a rural community founded by freed slaves. Dominion Energy says the station will generate as much as $1 million a year in tax revenue for the low-income county. Though state regulators say Dominion has promised to take great pains to make the station safe, "federal documents say such stations — which keep the gas flowing — emit toxic chemicals that can harm health. They can be noisy, and they light up at night. Once in a great while, such facilities explode — causing damages and fatalities for a significant distance all around," Gregory Schneider reports for The Washington Post.
Wilson's friend, Swami Dayananda, was also concerned. The pipeline would go under the James River next to the yoga shrine and retreat where she has worked for more than 30 years. Both feel that Gov. Ralph Northam, a Democrat, has failed to adequately oppose the project despite proclaiming himself an environmentalist. Dayananda and Wilson have led local resistance to the pipeline and hope to convince the Virginia State Air Control Board to deny a necessary permit next month.
The Federal Energy Regulatory Commission's impact report says "compressor station emissions could include carbon monoxide, carbon dioxide, methane, nitrous oxide and volatile organic compounds, and it notes that African American populations are more susceptible to related asthma. But it concludes that Union Hill is not populous enough to be of concern," Schneider reports.
Dominion Energy says it has appointed a community liaison to make sure the town's concerns are heard: Basil Gooden, a Union Hill native who served as state agriculture secretary under former governor Terry McAuliffe, a Democrat.
Tuesday, August 07, 2018
Judges say new pipeline can't cross Blue Ridge Parkway
The plaintiffs, The Sierra Club and the Virginia Wilderness Committee, argued that the NPS didn't have the right to grant the right-of-way for the natural gas pipeline because it violated the agency's mandate to conserve the environment. "It remains to be seen how much of a delay the ruling will cause," Jarvis writes.
"Chief Judge Roger Gregory, in a footnote to his written opinion, scolded the park service, calling its issuance of a permit 'arbitrary and capricious' for invoking laws that weren’t applicable, and for not explaining how approval was consistent with its mission," Jarvis reports. Gregory wrote in the opinion that Duke Energy and its partners must have a valid permit from the park service to continue construction, and to do so without it would violate previous authorization from the Federal Regulatory Energy Commission.
The ruling comes days after the same three judges of the Fourth Circuit Court rescinded permits for the Mountain Valley Pipeline, saying that the U.S. Forest Service and the Bureau of Land Management hadn't fully vetted the project for its environmental impact.
Tuesday, May 08, 2018
Pipeline-protesting tree-sitters come down, hit the road
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| Theresa Minor Terry (L) and Theresa "Red" Terry (R) spoke at a Charlottesville protest. (Daily Progress photo by Zack Wajsgras) |
Late Friday afternoon, U.S. District Judge Elizabeth Dillon found Theresa "Red" Terry, 61, and her daughter, Theresa Minor Terry, 30, in contempt of a court order that granted the builders of the Mountain Valley Pipeline entry to their land. If they didn't come down by midnight, Dillon ruled, they would be fined $1,000 a day and arrested by federal marshals.
"After the ruling, Coles Terry [Red's husband] said the women would come down. Even if they didn’t mind paying the fines, he said, the judge had directed that the money go to the pipeline builders — a notion that disturbed the Terrys," Schneider reports.
The women came down from the trees shortly after 4 p.m. Friday, but have not given up their protest: both are now leading public protests in the area to demand action from Gov. Ralph Northam and urge the Virginia Department of Environmental Quality to report unfavorably on the Mountain Valley and Atlantic Coast pipelines' effect on streams and waterways, Tyler Hammel reports for The Daily Progress in Charlottesville.
At a rally in Charlottesville on Monday, Red Terry was blunt about what she told Northam she wanted: "I told him that I had to grow a set, and it's damn time he did too," she said. "I really think the governor should stop bending over for Mountain Valley and Atlantic Coast and stand with the people." The Terrys have planned several other protests around the state.
Monday, October 16, 2017
Permits approved for two controversial pipelines
For the $3.7 billion Mountain Valley Pipeline, "securing FERC’s blessing moved the venture a giant step forward toward launching construction of the 42-inch diameter, 303-mile buried pipeline. The project would transport about 2 billion cubic feet per day of natural gas that has been extracted by fracking in the Appalachian Basin," Duncan Adams reports for The Roanoke Times.
Some private land owners were upset about the MVP. The late Clarence Givens of Giles County, Virginia, was so upset about it that he talked about halting pipeline construction in his obituary.
Other stakeholders support the pipeline, saying it's an important step in growing the region's economy.
The Atlantic Coast Pipeline, which secured the same type of permit on Oct. 13, would run 600 miles from West Virginia through eight counties of rural North Carolina, Lauren Ohnesorge reports for the Triangle Business Journal.
Tuesday, May 23, 2017
Rise of oil and gas pipelines lead Pennsylvania landowners to face eminent domain battles
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| West Chester, Pa. (Best Places map) |
Trump, who has publicly supported eminent domain, won the presidential election largely by taking swing states like Pennsylvania, where he "wooed rural voters by pledging to be attentive to their concerns," Leavenworth writes. "But one of his first acts as president was to expedite the Dakota Access and Keystone XL pipelines, both of which have employed eminent domain to secure needed land." (Proposed Sunoco Pipeline; BizPhilly map, click on it for a larger view.)
"The White House is squarely on the side of pipelines," Leavenworth notes. "For the last three months, Trump’s aides have been reviewing proposals to help expedite various infrastructure projects nationwide. Unions and industry groups have provided the White House with their favored proposals, which include pipeline projects in Pennsylvania, Virginia, North Carolina and other states, according to documents obtained by McClatchy."
"Tens of thousands of landowners could soon find themselves in the paths of new pipelines," Leavenworth writes. "As of 2016, more than 34,000 miles of new oil and gas pipelines were in the planning stages, according to Pipeline and Gas Journal, an industry trade publication. Many are being spurred by the rich deposits of gas in the Marcellus shale region of West Virginia, Pennsylvania and Ohio."
"Lawmakers in some states are pushing back," Leavenworth reports. "Georgia and South Carolina recently passed laws banning private companies from using eminent domain for oil pipelines. Eminent domain has become an issue in the Virginia governor’s race, where the five leading candidates are split over the $5 billion Atlantic Coast Pipeline, a joint venture of Dominion Resources and Duke Energy that would ship natural gas from West Virginia to North Carolina. Two of the candidates—one Democrat and one Republican—have come out against the use of eminent domain for the project."
Monday, March 20, 2017
Administration lists top 50 infrastructure projects, many for rural areas, but McConnell is skeptical
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| One of Trump's top infrastructure projects calls for repairs of Interstate 95 through North Carolina |
The No. 1 project is the Gateway Program, which would be a $12 billion reconstruction of high-risk Northeast Corridor rail infrastructure between Newark, N.J. and New York City. Second on the list is the Brent Spence Bridge, a $2.5 billion project to fix the nation's 15th worst bridge on I-75 between Northern Kentucky and Cincinnati. Next is $2 billion to construct the National Research Lab for Infrastructure in Columbus, Ohio, $3 billion to complete the Olmsted Locks and Dam on the Ohio River near the Mississippi to aid barge traffic on the rivers, and $1.5 billion for critical highways repairs on I-95 in North Carolina.
Rounding out the top 10 are $8 billion for bridge repairs on I-95 in Philadelphia, $1 billion for Mississippi River shipping channel dredging in South Louisiana, $10 billion for the NextGen air traffic control system to replace outdated equipment, $2.5 billion for a 720-mile transmission line to move clean, wind power energy from the Oklahoma Panhandle to Memphis, and $3 billion for seven new water tunnels in Cleveland to reduce contaminated water in Lake Erie.
Other projects that could benefit rural areas: $850 million to repair South Carolina dams; $250 million for water recovery in Cadiz, Calif; $3 billion for the TransWest Express Transmission Project to deliver cost-effect renewable energy in Wyoming to desert regions in Arizona, California and Nevada; $5 billion for a wind energy project in Wyoming; $4.5-5 million for the Atlantic Coast Pipeline; $600 million to find new, sustainable water sources in New Mexico; $800 million to widen I-93 in Massachusetts and New Hampshire; $800 million for reconstruction of I-395/I-95; $1 billion to improve the I-70 Mountain Corridor in Colorado; and $1 billion to improve I-25 in Colorado.
But the prospects of a big infrastructure package getting through Congress aren't good, judging from comments Senate Majority Leader Mitch McConnell made in an interview last week with Al Cross, director of the Institute for Rural Journalism and Community Issues and publisher of The Rural Blog.
"We’re not interested in going out and borrowing money and plussing up a bunch of federal accounts," McConnell said. "A credible infrastructure bill has to be paid for, and the two ways to pay for it are both challenging politically. The Democrats don’t like public-private partnerships, which invariably means tolling. Everybody’s queasy about a gas-tax increase because of the way lower middle-class people have fallen behind over the last eight years. . . . Everybody loves roads, everybody loves buildings, but it’s going to have to be credibly paid for to be passed by this Congress."
Public-private partnerships are less feasible in rural areas because investors need high volume to pay tolls or other fees to recoup their investment, Ashley Halsey reported for The Washington Post last month.
Tuesday, June 14, 2016
County in Appalachian Virginia leading charge against proposed Atlantic Coast Pipeline
"The pipeline’s champions say it will significantly reduce carbon emissions while creating jobs along its route. Detractors say the $5 billion project will lead to more methane emissions, violate private property rights and disrupt fragile ecosystems when it passes through some of the more intact wilderness of the southern Appalachians," Horn writes. "What isn’t argued is whether the U.S. needs a replacement for coal. Coal-fired power plants generate 33 percent of the nation’s electricity but 71 percent of our carbon emissions, according to the U.S. Energy Information Administration. This gives coal the distinction of being the nation’s single largest contributor to climate change." (Post graphic; click on it for a larger version)
Landowners "were told the pipeline required a permanent clearing, a 75-foot-wide 'right of way' on which nothing but small plants could grow," Horn writes. "According to Dominion’s literature, the right of way could still be used for most agricultural endeavors such as planting crops and grazing livestock, but landowners couldn’t grow trees or build houses on the land, and new road constuction would be limited... If the pipeline was approved, which was expected, Dominion could seize rights of way with eminent domain. The Federal Energy Regulatory Commission, the agency responsible for approving interstate pipeline applications, could also reject the proposal, but even anti-pipeline activists considered this unlikely."
Heidi Cochran, a Nelson County landowner since 1977 who has fought the pipeline, said she knew "that if they succeeded in pushing the pipeline out of Nelson County, it would only mean it would be built in a different county and routed through different back yards," Horn writes. She told him, “It bothers me that I only cared about this when it was in my back yard, that I never got involved when it was happening to someone else,. It may be a done deal with me, but that’s who I’m doing this for now: for the next person who’s going to have a pipeline built in their back yard.” (Read more)
Monday, August 17, 2015
Country-folk duo use words and music to fight proposed Atlantic Coast Pipeline
A spokesman for energy giant Dominion Recources "explains that if everything stays on schedule, the company could get approval for the project next summer, start construction later that year and go into operation before the end of 2018," Sellers writes. "About 300 landowners have objected, he says; 52 changed their minds after getting a follow-up call; and the pipeline company has so far filed 58 lawsuits. There is a state law about surveying private property, the spokesman says, and 'as long as we follow the statute, by law we don’t have to ask for permission.' He’s also aware of at least two lawsuits that landowners have filed, alleging that the state statute violates the U.S. Constitution."
And then there's the music of Robin and Linda Williams, who wrote the protest song, "We Don't Want Your Pipeline." The song goes:
We don’t want your pipeline, we don’t want your pipeline
We’ll take the sunshine, the water and wind!
We’re gonna put a stop sign on Dominion’s pipeline.
Go tell your neighbors! Go tell your friends!
They’ll bring cough and corruption like we’ve never seen,
Gouging our Forest, our mountains and our streams.
Five hundred miles long and fifty yards wide,
Blasting through our homes with their pipeline
Now sinkholes, explosions and gas-line leaks,
You hear it on the news almost every week.
Dominion says ‘Don’t worry,’ but it ain’t wise,
To be flirting with disaster with their pipeline
These Richmond operators don’t care ’bout you and me.
They just want to make a killing when they got more than they need.
And you can bet they’re safe in their houses so fine,
Far, far away from the pipeline.
Now these Big Boys say, ‘It’s a done deal.’
But nothing’s done as long as we’ll,
Stand together for our rights and our property,
And keep pushing back against their pipeline
Tuesday, August 20, 2013
Pipeline projects draw fire in several states
The biggest question is whether the pipeline company has the right to condemn private property to get the route it wants. It says it does, but its foes disagree. The News-Enterprise, in Elizabethtown, 26 miles west of Bardstown, opined, "Kentucky laws regarding eminent domain allow some property to be seized through a court process if intended for the greater good of society. While it is unclear if a private company can assert that claim successfully under Kentucky law, it is clear that county government has no impact on this matter of interstate commerce and that state government seems unlikely to take it up any time soon. To summarize, the rules are unclear, the government oversight is spotty and the appeal process is non-existent." (Read more) Gov. Steve Beshear declined to put the question on the agenda of the legislature's current special session on redistricting, saying there was no rush to deal with the issue. His son Andy is a lawyer for one of the pipeline partners.
Other proposed pipelines include the Energy East Pipeline, which would convert 1,864 miles of an existing, 55-year-old pipeline currently used for natural gas to carry about 900,000 barrels of crude oil a day from Alberta to the Atlantic seaboard, and the Eastern Gulf Crude Access Pipeline, a 774-mile project that would carry 880,000 barrels of crude per day from Illinois to Louisiana, Kiley Kroh reports for Climate Progress. (Read more) (Graphic by Paul Horn, InsideClimate News)
Those aren't the only pipelines garnering attention. "Last week, a joint venture between two companies jumped into the pipeline scramble," James Bruggers reports for The Courier-Journal of Louisville. There has been a proposal from Kinder Morgan/MarkWest Utica EMG to convert "its existing pipeline to a natural gas liquids line between northwest Louisiana and the Northeast through Kentucky," and "Enterprise Products Partners, has already begun constructing the ATEX Express Pipeline, a natural gas liquids pipeline that will run 369 miles from Washington County, Pa., to Seymour, Ind." If those two pipelines, along with the Bluegrass Pipeline, are completed, "they could move almost 600,000 barrels a day from Ohio and Pennsylvania to the Gulf Coast. . . . It’s not clear now if there will be enough customers to buy it all, experts said." (Read more)











