The Federal Energy Regulatory Commission approved Mountain Valley Pipeline LLC's request to change crossing methods for nine bodies of water, going against a conservation group's objections that the developer is changing the conditions of its certificate and circumventing the standard review process.
The FERC decision, quickly sanctioning the proposed changes as environmentally beneficial, came amid legal battles with environmental groups over Endangered Species Act protections and U.S. Army Corps authorizations for water crossings for the project. The 300-mile, 2-Bcf/d Mountain Valley natural gas pipeline project would transport Appalachia Basin-produced gas from West Virginia to Virginia and to markets in the mid-Atlantic and Southeast.
Commission staff in an Aug. 27 letter order said the proposed changes would lower the project's impact to aquatic resources. The staff backed a shift from the dry open-cut method to the conventional bore method for crossing nine water bodies and one wetland, as Mountain Valley Pipeline had requested Aug. 23.
Moreover, FERC said the resources in question are outside areas where Mountain Valley Pipeline voluntarily suspended construction to avoid affecting the candy darter and Roanoke logperch, following a lawsuit filed by environmental groups over species protections. FERC also said the Army Corps of Engineers confirmed that no permits were needed for the altered crossings under Section 404 of the Clean Water Act and that the water bodies and wetland do not come under the jurisdiction of Section 10 of the Rivers and Harbors Act.
In urging FERC to deny Mountain Valley Pipeline's request on Aug. 26, the Indian Creek Watershed Association noted that Mountain Valley Pipeline's request was not accessible to the public until the morning of Aug. 26. It contended that through a host of variance requests, Mountain Valley Pipeline has sought to change crossing methods for more than 40 streams "while circumventing standard agency review and approval processes, as well as public review and comment."
"There is no evidence that any regulatory body has seen, commented on, or approved the revised crossing plans for any of these proposed changes," the conservation group said. Further, it contended that Mountain Valley's approach circumvented a U.S. Appeals Court for the 4th Circuit order in October 2018 that vacated Mountain Valley Pipeline's Clean Water Act Section 404 permit to cross streams and wetlands.
Mountain Valley Pipeline disputed the group's characterization of its approach to the variances.
"As we continue to evaluate and adjust MVP's construction schedule and respond to environmental protection concerns, the project team has requested variances to utilize the boring method for specific crossings," said Mountain Valley Pipeline spokeswoman Natalie Cox. "This will allow MVP to maximize environmental protections and implement stabilization and restoration efforts along the project's right of way to the greatest extent possible. This is an iterative process, in which Mountain Valley Pipeline will seek all required regulatory approvals from relevant state and federal agencies and will follow the permitted procedures to complete these bore crossings."
The project is more than 85% built, according to the developer. But it has faced legal obstacles to completing work on several fronts.
Following an adverse 4th Circuit ruling on water crossings last year, the Army Corps is reviewing changes proposed by West Virginia for conditions of a general permit. The U.S. Environmental Protection Agency has already found those changes to be consistent with the Clean Water Act, although more litigation is likely.
Separately, environmentalists filed suit in the 4th Circuit in early August over U.S. Fish and Wildlife Service authorizations for the project related to endangered species protections.
Mountain Valley Pipeline is a joint venture of EQM Midstream Partners LP, NextEra Energy Inc., Consolidated Edison Inc., AltaGas Ltd., and RGC Resources Inc.
Maya Weber is a reporter with S&P Global Platts. S&P Global Market Intelligence and S&P Global Platts are owned by S&P Global Inc.
