Agency Denies Pipeline’s Request For More Time To Cut Trees

| Resist!

Above Photo: FILE – In this Tuesday, March 6, 2018, file photo, an Atlantic Coast Pipeline worker fastens a rope to a tree to aid in removal in Wintergreen, Va. Federal regulators have denied a request from developers of the proposed Atlantic Coast Pipeline for more time to cut down trees along the project’s route. The News & Advance via AP Jay Westcott

A federal commission denied a request Wednesday from developers of the proposed Atlantic Coast Pipeline to continue cutting down trees along the project’s route beyond an initial deadline designed to protect birds and bats.

Dominion Energy, leading percentage owner of the natural gas pipeline, told the Federal Energy Regulatory Commission earlier this month that it appeared workers couldn’t complete tree felling in West Virginia, Virginia and North Carolina on time and asked for an extension.

Despite the denial Wednesday, a spokesman for the project said it will remain on track for completion by the end of 2019.

Dominion agreed to the tree-felling restrictions as part of the project’s environmental review process. The windows vary from state to state but generally prohibit tree cutting from mid-March or early April through mid-September or mid-November. Virginia’s restriction began March 15.

Dominion, in a letter seeking an extension, wrote that the proposed modification would be at least as environmentally protective as the initially agreed-to limits.

FERC disagreed. A division director wrote in the denial letter Wednesday that the request “would not offer an equal or greater level of protection.”

Environmental groups praised the decision.

“Those restrictions were put in place for an important purpose, which was to protect migratory birds and bats,” said Greg Buppert, an attorney for the Southern Environmental Law Center. “And we think FERC made the right decision and held Dominion to its promise to implement those restrictions for the Atlantic Coast Pipeline.”

FERC spokeswoman Tamara Young-Allen said the pipeline has 30 days to appeal the decision.

Pipeline spokesman Aaron Ruby said that, as of Wednesday, tree felling has been completed on more than 200 miles (320 kilometers) of the 600-mile (965-kilometer) route, less than initially planned for this year.

“For any large infrastructure project, we have to plan for contingencies,” Ruby wrote in an email. “By rearranging some of our construction plans and shifting some work to 2019, we’ll keep the project on track for completion by the end of next year.”

A presentation Dominion recently gave state environmental officials, obtained through a public records request and provided to The Associated Press, provided insight on the business impacts project delays would have.

The presentation said that if “full mechanized construction” can’t start until spring, there would be a $150 million to $200 million impact. If only partial construction is started by summer, there would be a $250 million to $350 million total impact, the presentation said.

Finally, it said that if “we cannot start in time to ensure a full and efficient construction season and have to delay service by one year, the impact would be $1 billion.”


  • Jon

    I hope those trees aren’t just being left there to rot. The picture showed an excellent log that ought to be milled, no doubt one among many.

  • mwildfire

    First they tell the court they’ll be irreparably harmed if not given the extension. But for once FERC says no, then they announce they have a plan B, this won’t slow them down. And FERC says the companies have 30 days to appeal. How does it work when landowners and environmental groups appeal a FERC decision? Actually, they’re barred from doing so in the courts, until they first ask FERC for a rehearing. Then if the rehearing request is denied, or they lose, they can turn to the courts. Only what FERC does, is it issues a “tolling order”–gives itself an unlimited extension on deciding whether to rehear the case…and meanwhile allows the company to build, full speed ahead. As much as 15 months later, FERC gets around to denying the rehearing request, at which point the activists can use the courts…to try to block construction of a pipeline that’s already completed. Think FERC will issue a tolling order against Dominion? Ha ha ha. Here’s the sweetest bit of all: if the delay costs the company lots of money, no prob–they get to charge their customers for ALL costs of the pipeline, PLUS 14% guaranteed profit! What a deal, huh?

  • will

    @mwildfire – Agree FERC has rules that favor the pipeline operators. But what I cannot understand is that with all of these delays, why would the company spokesperson STILL maintain that the pipeline will be in-service by year -end 2019? Clearly it will not. Some of those contractors do not have the skill sets to efficiently install pipelines on the portion of the project with mountainous terrain. They can do it safely…..but not very fast. Therefore, I do not believe for one minute that the 600 mile pipeline will be in-service by year end 2019. No Way. and no @Jon, the trees are not left there to rot. I believe that the permit allows tree felling with out mechanized equipment. So no log movement for now.